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Council Packet - 9/8/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, September 8, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presiders discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one(1)time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem)discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one(1)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one(1) issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 545 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of August 24, 2020, Regular Session, as proposed. Proclamation declaring September 7-12, 2020 as Focus on Diabetes Awareness Week. Proclamation declaring September 2020 as Hunger Action Month. 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 Quovadis Marshall, in conjunction with a 5-year anniversary church celebration to be held September 13, 2020, from 10:30 a.m. to Noon, on 15.3 acres of land located at Idaho and Vine Streets, including live music and use of a PA system. Submitted By: Corbin Payne, Police Lieutenant 3. Resolution approving Variance to Noise Ordinance request from Pastor Gilbert L. Clay, Sr., in conjunction with outdoor church services to be held each Sunday in September 2020, from 11:30 a.m. to 1:00 p.m., at 1924 Sager Avenue, including live music and use of a PA system. Submitted By: Corbin Payne, Police Lieutenant 4. Resolution approving Variance to Noise Ordinance request from David Adams, in conjunction with a street party to be held on September 19, 2020, from Noon to 9:00 p.m., in the 200 block of Dearborn between Colorado and Indiana Streets, including live music and use of a PA system. Submitted By: Corbin Payne, Police Lieutenant Page 2 of 545 5. Resolution approving extension of Meth HotSpots Grant monies to June 30, 2021, in the amount of $22,000, as a sub-recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. Submitted By: Dave Mohlis, Police Captain 6. Resolution approving a request to seek proposals from consultants to guide a 2030 Community Vision Plan. Submitted By: Mayor Quentin Hart 7. Resolution awarding bid to SJ Construction, Inc., in the amount of$18,868.50, in conjunction with the Police Department Storage Facility Remodeling Project. Submitted By: Dave Mohlis, Police Captain 8. Resolution approving request of Ali Parish for a waiver for a concrete driveway, located at 1637 Calhoun Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as September 24, 2020 and date of public hearing as September 28, 2020 for the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and instruct the City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 10. Request to certify assessment to 500 Ricker Street in the amount of $3,500, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager Waterloo Water Works 11. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as September 24, 2020 and date of public hearing as September 28, 2020, in conjunction with the purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates, and instruct City Clerk to publish said notice. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 12. Resolution setting date of public hearing as September 14, 2020 on the proposed issuance of not to exceed $4,000,000 General Obligation Urban Renewal Bonds (ECP-UR-6) for Essential Corporate Urban Renewal Purposes for improvements to the Convention Center, and instruct the City Clerk to publish said notice. Submitted By: Michelle Weidner, Chief Financial Officer 13. Resolution approving cancellation of assessment for 817 Jane Street, in the amount of $370.36, 121 Hawthorne Avenue, in the amount of $288.84, and 206 Williston Avenue, in the amount of $249.12, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 14. Resolution setting date of public hearing as September 21, 2020 on the codification of the City of Waterloo Traffic Code of Ordinances, and instruct City Clerk to publish said notice. Submitted By: Kelley Felchle, City Clerk 15. Resolution setting date of public hearing as September 21, 2020 to approve a Page 3 of 545 request by Peters Construction for a Site Plan Amendment in the "C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution setting date of public hearing as September 21, 2020, for the sale and conveyance of city owned property located north of 3488 Wagner Road, to Steege Investments, LLC, including a development agreement and minimum assessment agreement, for the development of a 12,000 square-foot building, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Lt. Fangman Class/Meeting: Redacting Records - What Can And Cannot Be Released (Webinar) Destination: Waterloo, IA Dates: September 16, 2020 Amount not to exceed: $149.00 1. LIQUOR LICENSES a. Chapala Mexican Restaurant, 900 LaPorte Rd. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/7/2021 b. Hy-Vee #1 Clubroom, 2834 Ansborough Ave. Class: Special Class C Liquor Renewal Application Includes Sunday Expiration Date: 10/16/2021 C. Kwik Star#1004, 111 E. Donald St. Class: B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 10/21/2021 d. Light House Lounge, 1307 W. 5th St. Class: C Liquor Renewal Application Expiration Date: 6/28/2021 e. Sam's Club#6514, 210 E. Tower Park Dr. Class: B Wlne/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 2/28/2021 f. Tobacco Outlet Plus #500, 1803 LaPorte Rd. Class: C Beer Page 4 of 545 Renewal Application Includes Sunday Expiration Date: 10/14/2021 2. Motion to receive and place on file the 2019 Audit of the Waterloo Water Works. Submitted By: Chad Coon, General Manager, Waterloo Water Works 3. Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn the following between September 2020 and December 2020: 15-acres of George Wyth Prairie, between Wyth Lake and main park road; Approximately 2-acres, Prairie/pollinator areas near entrance of George Wyth; Approximately 3-acres, Dike along the main road of the park; 2-acres, Prairie at back of park near the Lodge, Brush pile in Frisbee picnic area 20x20, Brush pile behind park shop 30x30. Submitted By: Pat Treloar, Fire Chief 4. Motion approving request of Habitat for Humanity for an extension to repair sidewalks at 421 Almond Street, 434 Almond Street, 325 Clay Street, 408 Saxon Street, and 312 Clay Street. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Motion approving Change Order No. 4 from Cardinal Construction, of Waterloo, Iowa, for a net increase of$17,734.05, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 6. Motion approving Change Order No. 4 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $634.92, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 7. Bonds. Submitted By: PUBLIC HEARINGS 2. Request by A & T Trucking, LLC, for a Site Plan Amendment to the "M-2, P" Planned Industrial District to allow for the construction of a new 4,350 square- foot trucking facility, located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by A & T Trucking, LLC, for a Site Plan Amendment to the "M-2, P" Planned Industrial District to allow for the construction of a new 4,350 square-foot trucking facility located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Page 5 of 545 Submitted By: Noel Anderson, Community Planning and Development Director 3. Sale and conveyance of property located at the southeast corner of Martin Luther King Jr. Drive and Northeast Drive, to A & T Trucking, LLC, in the amount of $1.00, and to approve a Development and Minimum Assessment Agreement for the development of a 4,350 square-foot building. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City owned property located at the southeast corner of Martin Luther King Jr. Drive and Northeast Drive, to A&T Trucking LLC, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with A& T Trucking, LLC, for the construction of a 4,350 square-foot building, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 4. Sale and conveyance of City property located at 219 Newell Street, in the amount of$139,900, to Camay Nichole Smith. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City owned property located at 219 Newell Street, in the amount of$139,900, to Camay Nichole Smith, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 5. Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of lot 10 in Block 1 of Manson's Second Addition to Hawkeye Community College. 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 Project Addendum to Agreement for Residential Housing Construction, and authorizing the Mayor and City Clerk to execute said document. Resolution authorizing the sale and conveyance of a certain tract of land, known as lot 10 in Block 1 of Manson's Second Addition in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 6. Asbestos survey services for properties located at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 E. 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Page 6 of 545 Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding asbestos abatement bid to Asbestos Inspections, Testing and Training, Inc., of Monticello, Iowa, in conjunction with asbestos surveys of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 E. 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, in the amount of $3,700, and approving the contract, bond, and certificate of insurance and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 7. Asbestos abatement services Contract No. AB-8-2929-8P for properties located at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Resolution awarding asbestos abatement bid to Advanced Environmental of Waterloo, Iowa, in the amount of$158,400, and approving the contract, bonds and certificate of insurance, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 8. Asbestos abatement services, Contract No. AB-2020-08-1 P, for property located at 120 Center Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding asbestos abatement bid to Abatement Specialties, LLC, of Cedar Rapids, Iowa, and approving Contract No. AB-2020-08-1 P, bond and certificate of insurance, in conjunction with asbestos abatement services at 120 Center Street, in the amount of$11,290, and authorizing the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 9. Demolition services, Contract No. D-2020-08-11P for property located at 120 Center Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding contract No. D-2020-08-1 P, to Schrader Excavating & Grading, of Page 7 of 545 Walford, Iowa, in the amount of$129,900, in conjunction with demolition services at 120 Center Street, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 10. Five Sullivan Brothers Convention Center Addition and Lobby Renovation. Motion to receive and file proof of publication of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Building Department for review. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 11. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4(B) to allow for the recording of the Cedar Valley Crossing final plat, a ten (10) lot commercial/industrial subdivision, located southwest of 3353 Marnie Avenue that was not recorded within nine months after it was approved by the City Council on April 1, 2019. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving an Early Access Agreement with Steege Investments, LLC, to allow earth-moving activities in preparation for development of the site north of 3488 Wagner Road, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving the project designs of a home to be built by Hawkeye Community College on lot 10, Block 1, of Manson's Second Addition of Newell Street, at a budget not to exceed $139,500. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving a request from Modern Design on behalf of Image Pointe, for an appeal of the Driveway Policy to allow for an extended curb cut on Cornwall Avenue located at 1224 La Porte Road. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving an amendment to the Development Agreement with 401 Devonshire, LLC, changing completion date to May 7, 2021, and approving a different style of new single-family home, located east of 405 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution approving the Main Street parking lot loan refinancing and continued loan guarantee, by the City of Waterloo, in an amount not to exceed $181,379.30, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Aric Schroeder, City Planner Page 8 of 545 17. Resolution approving Temporary Easement Agreements with Timothy J. Chamberlin and Sharon K. Chamberlin, in the amount of$256.67, for property located at 3726 East Shaulis Road, Austin J. Payne, in the amount of $100, 3675 Cedar Terrace Drive, Steven D. Coleman and Susan C. Coleman, in the amount of$100, 4003 East Shaulis Road, Laura D. Fay, in the amount of $100, 4011 East Shaulis Road, and Becky S. Hughes and Keith D. Nicol, in the amount of$100, North of 4232 East Shaulis Road, in in conjunction with the Shaulis Road Trail Phase II Project. Submitted By: Aric Schroeder, City Planner 18. Resolution accepting Grant No. 3-19-0094-046-2020 from the USDOT and the FAA, in the amount of$4,855,854, for projects at the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said documents. Submitted By: Keith Kaspari, Airport Director 19. Resolution approving a Construction Related Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa in the amount of $425,500, in conjunction with paving improvements and other miscellaneous work associated with FAA Grant No. 3-19-0094-0046-2020, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 20. Resolution awarding the bid to Cedar Valley Corp., LLC, of Waterloo, Iowa, in the amount of $4,116,725, approving contract, bond and certificate of insurance, in conjunction with Waterloo Regional Airport projects associated with FAA Grant No. 3- 19-0094-046-2020, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Director of Aviation 21. Resolution approving a Grant Agreement with the Iowa Department of Transportation - Aviation Bureau for Fiscal Year 2021, Project No. 22562 and Contract No. 9-1-210- ALO-135, in conjunction with Air Service Marketing at the Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said document. Submitted By: Keith Kaspari, Airport Director 22. Resolution approving Addendum No. 4 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $1,820, in conjunction with the Westdale Subdivision Swale Project, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 23. Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $1,043,000, for the preliminary and final engineering design and bidding phases, in conjunction with the Park Avenue and 11th Street Bridge Replacements Project, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 24. Resolution approving construction of Phase II of the FY 2020 Asphalt Overlay Program, Contract No. 992. Page 9 of 545 Submitted By: Jamie Knutson, PE, City Engineer 25. Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, and authorizing the Mayor to execute said documents. Submitted By: Pat Treloar, Fire Chief ORDINANCES 26. An ordinance rescinding Ordinance No. 5123 and Resolution No. 2012-656, the vacate sale and conveyance of portions of Jackson and Merriman Streets. Motion to receive, file, consider, and pass for the first time an ordinance rescinding Ordinance No. 5123, an ordinance vacating portions of Jackson and Merriman Streets, and rescinding Resolution No. 2012-656, a resolution authorizing the sale and conveyance of portions of Jackson and Merriman Streets for$1.00, plus costs to Union Baptist Church. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director OTHER COUNCIL BUSINESS 27. FY 2021 Sidewalk Repair Assessment Program -Zone 10, Contract No. 1018. Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Resolution of necessity and setting date of public hearing as September 28, 2020. Submitted By: Wayne Castle, PLS, PE, Associate Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Complete Streets minutes of July 21, 2020. Page 10 of 545 CITY OF WATERLOO Council Communication Minutes of August 24, 2020, Regular Session, as proposed. City Council Meeting: 9/8/2020 Prepared: ATTACHMENTS: Description Type ❑ Minutes of August 24, 2020 Backup Material Submitted by: Submitted By: Page 11 of 545 August 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, August 24, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 158985 - Juon/Grieder that the Agenda, as amended by moving item nine to the beginning of the resolution section, for the Regular Session on Monday, August 24, 2020, at 5:30 p.m., be accepted and approved. Voice vote- Ayes: Seven. Motion carried. Mrs. Klein asked that item number nine follow the consent agenda. 158986 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, August 17, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-624. 158987 - Klein/Feuss To move item nine ahead of the consent agenda. Voice vote-ayes-Seven. Motion carried. Proclamation declaring August 24-28, 2020 as Cedar Valley United Way Week. Proclamation declaring September 2020 as Suicide Prevention and Recovery Month. ORAL PRESENTATIONS Joyce Wilder, 226 Bates Street, commented that she received a letter from the Waterloo Water Works telling her she needs to repair her pave box. She asked why she is responsible for any repairs when she doesn't even have access to maintain it. Mayor Hart commented that he would ask the director of the Waterloo Water Works to contact her. Mike Kielty, 907 Kingsley Avenue, commented that he believes he is under attack by the city and his neighbors regarding setback requirements for fencing, materials allowed for privacy fencing and reported that a neighbor is infringing on his privacy by pointing surveillance cameras at his property to spy on his family. Mayor Hart commented that he would reach out to the city attorney to discuss the matter with him further. Travis Hoing, 409W. Dunkerton Street, questioned if a bylaw was voted on to allow council to participate in council meetings via Zoom. Kelley Felchle, City Clerk, commented that the Mayor declared an emergency proclamation and it is still currently in effect. Mr. Morrissey commented that he has not yet received an answer to his question from a prior finance committee meeting on whether any crime surveillance cameras are pointed at any private properties or residences. Kelley Felchle, City Clerk, commented that she neglected to pass along the question to the Police Chief and Major Leibold and apologized for the error. Joel Fitzgerald, Police Chief, explained that surveillance cameras are used as part of the investigative process; they can, and do involve both businesses and residences that are related to narcotics and violent crimes and in those instances, cameras would be used as part of an investigation. Page 12 of 545 August 24, 2020 Page 2 Mr. Morrissey commented that he will be talking to the ACLU on the matter. Mayor Hart commented on the importance of completing the census and asked everyone to register and to remind family friends and other in the community to do so as well. 158988 - Juon/Feuss that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Mayor Hart asked that all citizens to be respectful despite differences of opinion. 158989 - Grieder/Amos that"Resolution ordering the Waterloo Police to develop a new insignia",be adopted. Roll call vote- Ayes: Seven. Motion carried. Tavis Hall, 218 Maryland Avenue, explained that members of the black community have asked for several years to change the patch. He stated that officers doing good work need to be recognized and respected. He asked that council listen and be respectful of the black community and change the patch. Rev. Dr. Mary Robinson, All Nations Community Church, explained that symbols can make people feel incredible good or bad and that everyone needs to be included and know that they matter. This is an opportunity to put our actions where our mouths are to bring unity to the community. John Beckman, 3396 West Ridge Drive, shared the history behind the griffin and other businesses that use the griffin as their business logo. He asked the city council to not remove the griffin. Thomas Jennings, 3391 West Ridge Drive, asked that the council table the discussion of removing the griffin patch. He provided his educational and law enforcement background and explained that while he served as the police chief from 2000-2010, the department worked with all members of the community. He commented on diversity training and conversations with the community that took place under his tenure. Joyce Wilder, 226 Bates Street, commented that if we had this much support to make change for the community as we do for keeping the griffin then the community could make some real change. She explained that many people in the community, because of the way the image is drawn, looks like a dragon. She asked that the griffin stay on their shoulder and a community emblem be placed on the car to help forge a unified community. Leon Mosley, 99 Mosley Street, commented that he is a mason and part of the Knights of Pythias. Both organizations use the griffin and the only difference is the position the griffin is sitting in. He commented that the griffin has nothing to do with Waterloo being labeled as one of the 25 worst places for African Americans to live. He said the griffin does not belong to the KKK. Jamaad Sallis, 1118 Wallgate Avenue, commented that he respects the officers and all that they do and he does not think this is an issue about a griffin or a dragon but an issue of a sense of unity within the community. He spoke of the undertone of racism that has existed in Waterloo and the division of peoples in the community. He said it is worth it to change the symbol if it could help to bridge the gap between the local officials and our community. Kathy Mahoney, 1400 Denver, explained her research to find what the essence of policing is and what symbol embodies that essence. She commented that our collective humanity will see us through this current crisis and our collective wisdom will guide us. Cliff Caughron, 310 Russell Road, commented that he loves the community, the police department, and the griffin. The griffin stands for vigilance. He does not want it removed from anywhere. Ryan Stevenson, 920 Sycamore Street, Apt.6, commented that he has several family members who have worked for the Waterloo Community School district and when their logo changed, it did not diminish or lessen their years of service. It was not diminished because they were committed to impacting lives, not the logo. He commented that the many attempts have been made to convince as Page 13 of 545 August 24, 2020 Page 3 many people as possible to support the patch and alienate the people they are sworn to protect and serve. The oath is to protect and serve; it is not an oath to a patch. Lynn Moller,retired Waterloo police officer, commented that the campaign to strip the police uniform of the griffin has nothing to do with race and is clearly an anti-police campaign. He stated that these efforts have lead to a great number of officers being demoralized to the point they are considering a career change. Donnell Rivers, 32 Vine Street, commented that he has had good and bad interactions with Waterloo Police Officers but stated that the griffin looks like a KKK dragon and showed an image of the KKK dragon. He stated that logos have changed since 1964 and it is time to modify the griffin. Eric Donat, 610 E. 4th Street, Apt. 67, commented that the city needs to be listening to the people that have this concern. They just want to be listened to and be heard, and to be seen and acknowledged on how they feel. Latonya Graves,no address provided,commented that the patch was designed at the height of the civil rights movement. She explained that the black community has been fighting for this change for a decade and that it is time to change. Cam Campbell, 2837 E. 4th Street, she posed several questions to council and the public to ponder. These included,How does not wearing the patch make officers unable to perform their jobs? Why are people so unsettled at the request for change? If someone tells you that what you are doing or what you are wearing offends them, how can you be so insensitive to that? So the symbol represents vigilance, isn't there another symbol that you can utilize to represent vigilance? Why do we have a problem being progressive? Are we more committed to the patch and this symbol or are we committed to the citizens of this community? What about your privilege makes you feel so entitled that people can't tell you that they're offended by something that you are doing, wearing or saying? She stated that everyone needs to be solution focused to make this a win-win on both ends. Quon Williams, 139 Unity Square, thanked the police department for their service. He explained that he believes the country is two nations under God because of the different ways people are treated. He explained that the people who do not agree with what the majority of the population believe they are painted as villains. Alberto Aguilar,no address provided, commented that he often feels like a Martian that just landed on a different planet where there are two different groups with very different perspectives that clash with each other. He stated that though his heart goes out to the sufferings of the African American community,he also commented on the trends throughout the country to remove or erase other symbols like Christian churches and crosses. Just like prayer and religion have been removed from schools. He stated that what a symbol represents to some people should be respected and not changed. Ras Smith, 324 Madison Street, commented that he has heard that the griffin represents valor and vigilance and stated that there have been times that the city has fallen short of what it represents. Officers can stand up with valor and vigilance regardless of what symbol they wear on their uniform. He encouraged the council to change the logo. Michael Muhammad, no address provided, commented that the system of law enforcement is corrupt and those that serve under it have been corrupted by it. He explained that the griffin is a symbol of trauma by the black community. Every time the police come to our houses there is always something that is harmful to our community,always some pain and mistreatment associated with it. He suggested putting a symbol of justice on the side of the vehicles because justice is for everybody. Kevin McCullough, 4033 Nile Street, commented that the city has a branding issue on its hands. The logo does not project the same message to everyone and over time, change is necessary. The city has a rare opportunity to grow and come together. Nilvia Reyes Rodriguez, 1111 Patton Avenue, Commissioner on the Waterloo Commission on Human Rights, commented that she is a single mother and does her best to let her daughter know where she stands on issues in the community. She commented that the opposing sides show different levels of respect to one another. She encouraged people to broaden their horizons and listen. She encouraged the police department to commission an artist to develop a new design. Page 14 of 545 August 24, 2020 Page 4 Michael Rasmussen, 20-year veteran of the Waterloo Police Department, explained that law enforcement is under attack. He explained that they are receiving additional training such as mental health, de-escalation,racial and sensitivity training. The officers view the griffin as a family crest and that the police officers do not support its removal. Rob Camarata, 715 Mulberry Street and Waterloo Police Protective Association, he explained that recruitment has been extremely difficult but those that do come to work say that they want to wear the griffin as it is a source of pride. No police officer, current and retired,wants to do away with the patch. He explained the cost of removing the patch. The city would be able to hire one and a half new police officers for the cost to remove the patch. Stephen Crouse, 1101 Ridgemont, commented that the city should use its money where it's needed. Becky Morgan, no address provided, stated she is a retired police officer and explained that the patch is well recognized around the world. Much like a family crest, the griffin holds historical value; she wants to see it stay. Travis Hoing, 409 W. Dunkerton Street, commented that he sent an email and got one response from council. He explained that his father died in the line of service and that many of his family members also wore the patch. He said he has not met Chief Fitzgerald yet but he considers him family. Everyone that wears the patch is his family and if council takes the symbol away, it is like taking his family away. Removing the patch is not going to get the members of the community who are offended by it, to start trusting the police. Dawn Henry,2121 W. 7th Street, commented that she has been very vocal on social media on the need to keep the patch. She encouraged the public to respect police officers and respect the griffin. Josh Wilson, 2831 Saratoga Drive, encouraged the community to work together and communicate. Michael Connor, 145 E. San Marnan Drive, commented on a statement made earlier by Mr. Sallis that it isn't about a patch it's about unity. He agrees that it is unity, and bringing things together is the main concern. He proposed that council table the topic and requested that the Mayor appoint a committee involving the chief and members of the community try to work together. Todd Obadal, 124 Amity Drive, commented that he was surprised to learn that his council member had not yet had a face to face with the police chief, when he himself has. Many people are getting angry but are not willing to listen to other people and find compromise. Elizabeth Andrews, 937 Kingsley, explained that she is in favor of replacing the patch and believes it is a great opportunity for the officers and the city to serve as role models for other cities around the state and region. Adopting a new patch would allow us to be proud of working to do better. Dave Grimm, 3560 W. Donald Street, commented that there are people around the country that want to destroy our nation and our flag because they do not recognize symbols or flags. It is time to educate people. Jack Pritchard, retired waterloo police officer, no address provided, commented that the officers have had a lot of training on community relations. They pass out cop cards, the children enjoy collecting them, and they have the griffin on the card. The kids will come up to cops and want one of the cards, a patch, a magnet, etc. he questioned why children want it if this is a bad symbol. He explained that the griffin is recognizable as the logo of the waterloo police department. Chris Erie,no address provided, commented that her husband has worn the patch for 25 years and that she is here to speak to council because she supports the officers, their families and stands behind the patch. Lori Dale, 1228 Independence Avenue, she questioned how many police officers live in Waterloo. She commented that she is afraid of the police but is working on it. She stated that the community should be the family not just the patch. She explained she is in support of changing the patch and questioned if it could be changed to a different griffin. Joy Ahrens, no address provided, commented that her husband was a Waterloo police officer for 35 years and just passed away on August 1. He was very proud of his position and well respected. On Page 15 of 545 August 24, 2020 Page 5 his urn is the Waterloo police emblem which shows just how important that was to him and their family, which includes the entire Waterloo police department. Jamisia Young, 207 Denver Street, commented that members of the community no longer want to have the griffin represent the Waterloo Police Department. 158990 - Morrissey/Klein To recess at 8:14 p.m. Voice Vote-Ayes: Seven. Motion carried. 158991 - Morrissey/Grieder To reconvene at 8:29 p.m. Voice Vote-Ayes: Seven. Motion carried. Mr. Grieder commented that he has been accused of a lot this week. He has been threatened,told that he is not safe, and a despicable human being. He explained that he has talked to people on all sides of the issue and is glad that the city is three hours into the meeting so that we can have a community conversation. Mr. Boesen commented that he has worn the griffin and has respect for the men and women who have worn it past and present. He stated that the cost to remove the symbol would be$130,000 to$140,000 dollars. He has learned that officers with a tattoo of the griffin would be required to cover them. He asked that if someone is offended by a different tattoo,would that also need to be removed or covered then questioned where do we draw the line. He stated he received 101 emails in favor of keeping the griffin and ten emails against, and of the ten against, two of those people were from out of town. He has received well over 100 phone calls in favor of keeping the griffin and just one to remove it and stated he will not support removing the griffin at this time. Mr. Morrissey commented that he supports the resolution and that he has supported public safety his entire time on city council. He explained that he first became aware there were issues with the symbol about four years ago. In the last 4-5 weeks, he has heard from not only members of the African American community but from those who are Caucasian,who have said that there are certain members of the Waterloo police department that have referred to the logo as the green eyed n-word eater. Mr. Feuss commented that he has heard some good dialogue about this topic. He commented that the dialogue tonight has been great and sometimes brands and logos need to change to reflect the organization. He read two of the City of Waterloo goals from the front page of the agenda, numbers 2 and 4, to both create a safe environment and to enhance the image of Waterloo. He went on to say that, he believes the chief is working hard to implement new strategies to make our community safer. He explained that goal number 4 is to enhance the image of Waterloo, and though we heard how outside communities view the patch, many other comments made tonight made it clear that there are a lot of residents within the community that don't feel the image of the city is being enhanced. Mrs. Klein commented that a council member stated that an officer referred to the griffin as a green eyed n-word eater and that nobody is here to refute it, nobody knows who said it or if it is even true. She explained that the need for unity, as has been brought up tonight, was not shown by some of the comments made by both the public and council and she encouraged council to talk and work together rather than just placing something on the agenda. She explained this vote would create more division and problems. Mr. Amos commented that many of the phone calls he received were from both current and retired police officers, and that understands their position. He explained that he knows that the griffin is not really the issue. It is what the symbol represents, and it is not just from people of color but Caucasian as well. He commented that he has been in this community his entire life, and he knows the patch has been issue but has always been ignored. He supports changes that will help move our community forward. Mrs. Juon commented that this is probably the most controversial issue she has had to deal with and that it is extremely difficult, as she understands both sides. She expressed her pride for our police officers and their courage and commitment. She explained that she has listened to the concerns of the black community and understands how they are offended and that they feel like they have been ignored, she added that we need to hear their voices. She suggested the following changes to the proposed resolution in an effort to strike a balance and allow for much needed dialogue on the issue. Page 16 of 545 August 24, 2020 Page 6 158992 - Juon/Feuss To strike number 1-4 and insert the following: 1. That the Mayor shall establish a small committee of not less than eight(8) and not more than ten (10) individuals to determine how to change the Police Department insignia. Committee members shall be balanced in their opinion on the issue. Both At-Large Council members shall serve as non-voting, ex-officio members of the committee. 2. That a revision of the current griffin logo will be initially considered by the committee. 3. That the committee will address the scope, time-frame, and cost of creating a new insignia. 4. That all recommendations require majority approval of the committee. 5. That the committee shall present a final report to the Waterloo City Council, for the council's approval, by June 30, 2021. Roll call vote-Ayes: Seven. Motion carried. Mrs. Klein requested if it was a command to change the griffin or a committee to discuss the change. Mrs. Juon explained that the committee would address how to change it and confirmed it would be a change to the current insignia. Mayor Hart questioned the structure of the committee. Mrs. Juon suggested there would be two co-chairs, 8-10 community members, and two At-large nonvoting ex-officios and can include police officers,but exclude the chief and mayor to get rank and file members. Mr. Amos commented that the patch symbolizes aggressiveness and people are looking for togetherness and a more inclusive image. He stated that he has heard the green-eyed dragon comment more than once and that is a concern to him. Mrs. Juon commented that there are other designs of griffins that are not as mean looking and don't look like a dragon. Mr. Morrissey commented that the reason for the discussion is removing the griffin and that this does not fit with the discussion. He stated that number two on the current resolution is more appropriate. He added that adding the two at large members is not inclusive of other council members. He suggested Mr. Amos and Mr. Feuss serve as ex-officios. He added that budget talks would need to include removing the patch. Mrs.Juon commented that a new stylized griffin would not automatically be the new logo,but it merits initial consideration. She explained that her suggestion for the nonvoting ex-officios was recommended to her as she and Mr. Boesen both represent the entire community and that they have different takes on the issue and could balance each other out. Mr.Feuss commented he supports the compromise and that this griffin is harmful,and if the committee finds the griffin redesigned to be the new logo he is ok with it. Mr. Grieder expressed that he has concerns about some of the suggested amendments, but he knows that change is hard and as the sponsor of this resolution, he supports the amendment, though not perfect, because it gets us closer to the end goal. Mrs. Klein thanked Mrs. Juon for coming up with the compromise as it gets done what should have been done in the first place. She agreed with selecting the At-large council members as representatives on the committee as any other representation leaves out other wards. She will support this amendment to the resolution. Mr. Amos questioned if the recommendation will come to council for final approval. Page 17 of 545 August 24, 2020 Page 7 Mrs. Juon confirmed that the committee's recommendation would be brought to council for a vote. Mayor Hart commented that consideration has to be given to the timeliness of a decision for change to fit into the budget talks. 158993 - Grieder/Morrissey To add a section that a preliminary financial report will come to the council on February 1, 2021. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Morrissey commented that the council should be informed of who sits on the ad-hoc committee before they meet and he requested clarification that the deadline for the committee to render a recommendation is by June 30th, but that it could also mean it could be done as early as April. Mayor Hart read a quote by Dr.Martin Luther King then stated that tonight he has heard the differences in realities between both sides and it puts him in a precarious position. He does not want to sweep away the reality that both sides have nor does he wish to sweep away his personal experiences and upbringing, and to do so would be a terrible mistake. It is a travesty for anyone to say that the beliefs and experiences of either side do not exist and he stressed the importance of everyone working together and listening to the voices of the people we don't necessarily want to hear. CONSENT AGENDA 158994 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated August 24, 2020, in the amount of$3,190,946.59, and Finance Committee Invoice Summary Report, dated August 11, 2020, in the amount of$4,235,288.97, 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. 2020-625. 2. Resolution approving cancellation of assessment for 219 Virden Street, in the amount of $3,070, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-626. 3. Resolution approving preliminary specifications,bid documents, etc., setting date of bid opening as September 10, 2020 and date of public hearing as September 14, 2020, in conjunction with the purchase of one (1) and up to three (3), 2020 or newer, Wheel Loader V Plow(s) with Wing, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-627. 4. Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply, of Waterloo, Iowa, at a total cost of $491,177.60, in conjunction with the FY 2020 Sidewalk Repair Assessment Program -Zone 9, Contract No. 981, and receive and file two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-628. 5. Motion approving Final Quantity Summary for a net decrease of$150,975.26 in conjunction with the FY 2020 Sidewalk Repair Assessment Program -Zone 9, Contract No. 981, and authorizing the Mayor and City Clerk to execute said document. 6. Resolution approving preliminary plans, specifications,bid documents, etc., setting date of bid opening as September 10, 2020, and date of public hearing as September 14, 2020, in Page 18 of 545 August 24, 2020 Page 8 conjunction with the Final Clarifier No. 3 Dewatering Wells Contract No. 1032, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-629. 7. Resolution setting date of public hearing as September 8, 2020 to approve a request by A& T Trucking, LLC, for a Site Plan Amendment to the "M-2, P"Planned Industrial District, to construct a new 4,350 square-foot trucking facility, located south of 2280 Northeast Drive, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-630. 8. Resolution setting date of public hearing as September 8, 2020 to authorize the sale and conveyance of property located at the southeast corner of MLK Jr. Drive and Northeast Drive, to A & T Trucking, LLC, in the amount of$1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of a 4,350 square-foot building, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-631. 9. Resolution approving request of Mack Stanley for a waiver for a concrete driveway, located at 920 Short Street(approach will be on Butler Street), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-632. 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 10, 2020 and date of public hearing as September 14, 2020, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction, Contract No. 1028, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-633. 11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 10, 2020 and date of public hearing as September 14, 2020, in conjunction with the Waterloo Regional Airport, Water Main Improvements Phase I Project, Contract No. 1033, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-634. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Luke Even, Philip Rigging for Cedar September 17, $458 Thompson, Glenn Arboriculture Workshop Rapids IA 2020 Bearbower, Robert Thompson-Forestry b. Officer John Koontz Defensive Tactics Des Moines, September 24-28, $1,020 Instructor School IA 2020 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Bamboo Ridge Campground, B Wine/C Beer Renewal 9/14/2021 x 4550 Hess Rd. Page 19 of 545 August 24, 2020 Page 9 b. Family Dollar Store#21424, B Wine/C Beer New 8/8/2021 x 1120 Franklin St. *Ownership Update* c. Lark Brewing, 3295 C Liquor w/Outdoor Renewal 8/29/2021 x University Ave. Service and Brew Pub d. Narey's 19th Hole, 2073 C Liquor Renewal 8/22/2021 Logan Ave. 3. Motion approving request of Habitat for Humanity for an extension to repair sidewalks at 312 Clay Street(CN 132) and a vacant lot in the 300 block of Clay Street (PIN 8913-24-162-002). 4. Motion approving Change Order No. 2 from Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$26,173.20, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. 5. Motion approving Change Order No. 1 from Strand and Associates, of Madison, Wisconsin, for a net increase of$32,215.10, in conjunction with the Wastewater Treatment Plant Biosolids Modification Project, Contract No. 994, and authorizing the Mayor to execute said document. 6. Motion approving Change Order No. 2 from Cardinal Construction, of Waterloo, Iowa, for a net increase of$3,763.58,in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing Mayor to execute said document. 7. Motion approving Change Order No. 3 from Cardinal Construction, of Waterloo, Iowa, for a net increase of$902.36, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Roll call vote-Ayes: Seven. Motion carried. RESOLUTIONS 158995 - Morrissey/Grieder that"Resolution approving and accepting a temporary construction easement and permanent easement with Allen and Angie Alcorn, in the amount of $22,875, and reimbursement of legal fees not to exceed $500, in conjunction with the Virden Creek Drainage Improvements Project, located north of 2920 Bedard Drive, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-635. 158996 - Morrissey/Grieder that "Resolution approving an Early Occupancy Agreement with Camay Nichole Smith to allow occupancy of 219 Newell Street on September 4, 2020, prior to closing, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-636. 158997 - Morrissey/Grieder that "Resolution approving Amendment to the City/State Funding Agreement, increasing funds from $1,080,000 to $1,480,000, 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, 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. 2020-637. 158998 - Amos/Feuss Page 20 of 545 August 24, 2020 Page 10 that "Resolution requesting reimbursement for eligible costs related to the COVID-19 public health emergency from the Iowa COVID-19 Government Relief Fund", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-638. 158999 - Amos/Feuss that"Resolution approving a Consolidated Public Safety Communications 28E Agreement with Black Hawk County, Cedar Falls, Evansdale, Hudson, La Porte City, Dunkerton, and Gilbertville, and authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that sometime in the next year the city needs to consider alternative arrangements for this agreement. He stated that the city currently pays sixty percent of the dispatch cost, which is nearly $120,000 a month for police and fire. This should be a county levy fee and assessed equally among every person in the county that has the same opportunity to call 911. Chief Fitzgerald explained that the arrangement was changed to a 90/10 split and is up for renegotiation in November. He requested time to work on it as he has experience working with dispatch centers, and running a dispatch center, and will propose additional changes. Mr. Morrissey supports Mr. Boesen's comments and hopes that Chief Fitzgerald is successful in getting this changed in the future. Resolution adopted and upon approval by Mayor assigned No. 2020-639. 159000 - Amos/Feuss that "Resolution concurring with the determination of the Community Planning and Development Director that a new 15,636 square foot office building with a 74 stall parking lot within the "R-4,R-P" Planned Residence District on a portion of Lot 3, Country Club Business Center Addition, located west of 836 Tower Park Drive is minor, and shall be approved as a Minor Site Plan Amendment", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-640. 159001 - Amos/Feuss that "Resolution approving an Early Access Agreement with A & T Trucking, LLC to allow earth- moving activities in preparation of development of the site south of 2280 Northeast Drive, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-641. ORDINANCES 159002 - Feuss/Grieder that"an ordinance amending the City of Waterloo Code of Ordinances by repealing Article A, Police Department, of Chapter 6, Municipal Departments, Title 1, Administration, and enacting in lieu thereof a new Article A, Police Department, of Chapter 6, Municipal Departments, Title 1, Administration, be received, placed on file, considered and passed for the first time. Roll call vote- Ayes: Seven. Motion carried. Mr. Morrissey commented that he would support the ordinance with an understanding that the chief will bring to the council his definitions and his policies associated with the ordinance 1-6A-4, mandatory policies. Mayor Hart commented that Chief Fitzgerald would get the entire packet to Mr. Morrissey that includes the requested information. Page 21 of 545 August 24, 2020 Page 11 Mrs. Juon stated that she received the definitions with the revised ordinance. 159003 - Feuss/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. Mayor Hart explained that on 30t'of May in Lincoln Park a commitment was made to a lot of people that the chief, council and mayor were going to implement some meaningful changes and he asked that council would please support moving forward so that the citizens would know we've taken words to action. 159004 - Feuss/Grieder that"an ordinance amending the City of Waterloo Code of Ordinances by repealing Article A, Police Department, of Chapter 6, Municipal Departments, Title 1, Administration, and enacting in lieu thereof a new Article A, Police Department, of Chapter 6, Municipal Departments, Title 1, Administration",be considered and passed for the second and third times and adopted. Roll call vote- Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No.5570. 159005 - Morrissey/Amos that "an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Section 6, Changing Stations, of Chapter 1, Building Code, Title 9, Building Regulations", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried. 159006 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried. 159007 - Morrissey/Amos that "an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Section 6, Changing Stations, of Chapter 1, Building Code, Title 9, Building Regulations", be considered and passed for the third times and adopted. Roll call vote-Ayes: Six. Nays: One(Klein). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5571. ADJOURNMENT 159008 - Klein/Grieder that the Council adjourn at 9:55 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 22 of 545 CITY OF WATERLOO Council Communication Proclamation declaring September 7-12, 2020 as Focus on Diabetes Awareness Week. City Council Meeting: 9/8/2020 Prepared: ATTACHMENTS: Description Type ❑ Diabetes Awareness Week Cover Memo Submitted by: Submitted By: Page 23 of 545 0 T crry O_WATERLOO, IOWA PROCLAMATION WHEREAS, Focus on Diabetes partners with accredited doctors and world-class healthcare organizations to offer hands-on experiences with new technology's, education on new treatment options, and free screenings for diabetic patients, their families, and the community; and WKEREAS, the March 31, 2020 CDC Morbidity and Mortality report stated that the highest percentage of positive COVID -19 tests in the ICU were patients with diabetes; and 'WHEREAS, Focus on Diabetes organized the Focus on Diabetes Covid-19 Assist and gave away 200 free diabetic supplies; and WHEREAS, due to COVID-19 diabetic patients may face challenges getting doctors' appointments and may not be able to get essential health check-ups; and WREREASO the Focus on Diabetes initiative is endorsed by the State of Iowa's Healthiest State Initiative; and 'WHEREAS, Focus on Diabetes is offering an essential service for the community by hosting the Cedar Valley Focus on Diabetes. NOW, THEWW4 1, Mayor Quentin Hart, do hereby proclaim September 7— 12, 2020, as FOCUS ON DIABETES AYlWAWAINESS WEEK And encourage all local community members and legislators to get a free Ale screening at the Cedar Valley Focus on Diabetes at the Waterloo Center for the Arts between 11:00 am - 2:00 pm Saturday September 12,2020. IN 16174ESS 11EEUOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 8` day of September 2020. ATTEST: elley Fel le Quentin Hart City Clerk Mayor O T Page 24 of 545 CITY OF WATERLOO Council Communication Proclamation declaring September 2020 as Hunger Action Month. City Council Meeting: 9/8/2020 Prepared: ATTACHMENTS: Description Type ❑ Hunger Action Month Cover Memo Submitted by: Submitted By: Page 25 of 545 CITY OF WATERLOO, IOWA PROCLAMATION 111HERXAS, hunger and poverty are issues of grave concern in the United States and Waterloo; and WHEUMS the City of Waterloo is committed to taking steps to raise awareness about the need to combat hunger in every part of our state and to provide additional resources that citizens of Waterloo need; and WHEREAS, the City of Waterloo is committed to working with the Northeast Iowa Food Bank in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, nearly 18,360 individuals in the Black Hawk County rely on food provided by the Northeast Iowa Food Bank and member agencies annually; and WHEREAS, the Northeast Iowa Food Bank distributed more than 6.9 million meals of food, to member agencies, programs and food banks in our region last year; and X(HEREASO food banks across the country including the Northeast Iowa Food Bank will host numerous events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. NOW,THEWORE, I, Mayor Quentin Hart, do hereby recognize September 2020 as: HUNGER ACTION MOM in Black Hawk County and I call this observance to the attention of our citizens. IN lklftESS M%MOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa to be affixed this 8th day of September 2020. ATTEST: n Kelley Felc le Quentin Hart City Clerk 1 Mayor Page 26 of 545 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Quovadis Marshall, in conjunction with a 5- year anniversary church celebration to be held September 13, 2020, from 10:30 a.m. to Noon, on 15.3 acres of land located at Idaho and Vine Streets, including live music and use of a PA system. City Council Meeting: 9/8/2020 Prepared: 8/27/2020 ATTACHMENTS: Description Type ❑ Noise Variance -Anniversary Celebration Backup Material Resolution approving Variance to Noise Ordinance request from Ouovadis Marshall. in conjunction with a 5-year anniversary church celebration to be SUBJECT: held September 13, 2020, from 10:30 a.m. to Noon, on 15.3 acres of land located at Idaho and Vine Streets, including live music and use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 27 of 545 FCR _ V CE TO NOISE ORDEgANCE AI'I'LICANT'S NAME: APPLICANT'S .ADDRESS: I Za APPLICANT'S PIIOIC ANTICIPATED DATE OF VARIANCE: NAI M OF EVENT: TIMES OF DAY CF VARIANCE: OEOGRAPLIICA.L LOCATION OF VARi4NCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Ce PLEASE EXPLAIN T�E� EVENT REQUI INC, THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED TIM NOISE ORDINANCE, SUCH AS A.BAND PLAYING-, PA. SYSTEM,ETC, T Ap cant's S patur Date CITY COUNCIL ACTION: Police Dept Reco endation APPROVAL: APPROVAL- E DENIAL: DENIAL, DECIBEL LEVEL, Page 28 of 545 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Pastor Gilbert L. Clay, Sr., in conjunction with outdoor church services to be held each Sunday in September 2020, from 11:30 a.m. to 1:00 p.m., at 1924 Sager Avenue, including live music and use of a PA system. City Council Meeting: 9/8/2020 Prepared: 8/27/2020 ATTACHMENTS: Description Type ❑ Noise Variance Request- Outside Church Services Backup Material Resolution approving Variance to Noise Ordinance request from Pastor SUBJECT: Gilbert L. Clay Sr., in conjunction with outdoor church services to be held each Sunday in September 2020, from 11:30 a.m. to 1:00 p.m., at 1924 Sager Avenue, including live music and use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 29 of 545 r Lt� 11iJ FOR VARIANCE TO NOISE ORD12,4ANCE APPLICANT'S NAMES APPLICANT'S ADDRESS: Pond0lnk S I re c APPLICANT'S PHONE�: ��` rf� ��C� _ A14 3 AI�iICIP TED DATE OF VARIANCE: Sep NAME OF EVENT: Chu.^ S,`Jc C_kU Servf,,3 - DIES OF DAY OF VARIAI�ICE: /J,' C� l `T f.' )0 All GEOGRAPHICAL LOCATION OF VARIANCE: 9d, f s� DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: l f oc PLEASE E)TLAIN THE EVENT REQUIlUNCT TBE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM,ETC. u d Se v,t s r. Applicaa' Slg ature .5 C• Date CITY COUNCIL.ACTION: Police Dept_ Recon= tion APPROVAL: APPROVAL: DENIAL: DEN.[AL: DECIBEL LEVEL: Page 30 of 545 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from David Adams, in conjunction with a street party to be held on September 19, 2020, from Noon to 9:00 p.m., in the 200 block of Dearborn between Colorado and Indiana Streets, including live music and use of a PA system. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type ❑ Noise Variance - Street Party Backup Material Resolution approving Variance to Noise Ordinance request from David SUBJECT: Adams, in conjunction with a street party to be held on September 19, 2020, from Noon to 9:0012.m., in the 200 block of Dearborn between Colorado and Indiana Streets, including live music and use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 31 of 545 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: _ v( '11Pq• �v .--- � a APPLICANT'S ADDRESS: IV APPLICANT'S PHONE#: 3 3 11 7 ANTICIPATED DATE OF VARIANCE: NAME OF EVENT:` TIMES OF DAY OF VARIANCE: ° d d' L l GEOGRAPHICAL LOCATION OF VARIANCE: ,)CLQ No C 6�- , 1,9y)j 10)y pi, 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 SAND PLAYING, PA SYSTEM, ETC. -ue T1 Y"c `) � }--rte 1L C'�9-�- l�c� r: tr ey c I P F&- 1L^- be9 Q� Applicant's Signature Date CITY COUNCIL ACTION: Police Dept. Recommepoation vd APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Page 32 of 545 CITY OF WATERLOO Council Communication Resolution approving extension of Meth HotSpots Grant monies to June 30, 2021, in the amount of$22,000, as a sub-recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. City Council Meeting: 9/8/2020 Prepared: 8/31/2020 ATTACHMENTS: Description Type ❑ Meth Hotspots Camp Grant 18 Extension 2020 Backup Material Resolution approving extension of Meth HotSpots Grant monies to June 30, SUBJECT: 2021, in the amount of$22,000, as a sub-recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. Submitted by: Submitted By: Dave Mohlis, Police Captain Request that the City Council pass a resolution authorizing Mayor Hart and Chief Fitzgerald to receive an extension of Meth HotSpot grant money as a Recommended Action: sub-recipient from the Governor's Office of Drug Control, for a$22,000 grant with no matching funds required. The money will directly pay overtime costs associated with the investigation into mid and high level Methamphetamine crimes. Your approval of this grant will enable the Tri-County Drug Task Force to Summary Statement: further investigate mid and high level Methamphetamine crimes creating a safer community. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Page 33 of 545 METHAMPHETAMINE DRUG HOT SPOTS GRANT PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg.,5th Floor 215 E. 7th Street,Des Moines,Iowa 50319(515)725-0300 Meth HotSpots CFDA#16.710 Grantee: Grant#18-CAMP-16 Waterloo Police Department Grant Period: July 1,2019 through June 30,2021 715 Mulberry Street Rev. August 20, 2020 Street Waterloo,Iowa 50703-5714 Federal: $22,000 Match: $0 Total: $22,000 ODCP Contact: Dennis Wiggins 515/725-0311 Legal Applicant: Program Director: Joel Fitzgerald Sr. Quentin Hart This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grantprogram legislation,the grant program request for proposal, and the stipulations,if any,noted under"Special Conditions." Except for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting forms,and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract, and agree to abide by the terms set forth within. SPECIAL CONDITIONS • Grant funding is provided to assist project with mid to high level mehtamphetamine investigations or precursor diversion investigations. • Targets of investions will be shared with the Division of Intelligence to be entered into the LEIN database system. • Projects will regularly deconflict investigations by searching potential targets in the LEIN database system. In witness wherefore,the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES Legal Applicant/Date Program Director/Date ODCP Administrator/Date Page 34 of 545 CITY OF WATERLOO Council Communication Resolution approving a request to seek proposals from consultants to guide a 2030 Community Vision Plan. City Council Meeting: 9/8/2020 Prepared: 9/3/2020 ATTACHMENTS: Description Type ❑ Waterloo Vision Plan Backup Material SUBJECT: Resolution approving a request to seek proposals from consultants to guide a 2030 Community Vision Plan. Submitted by: Submitted By: Mayor Quentin Hart Recommended Action: Approval. The attached is a request to receive proposals from consultants to aid the city in developing a 2030 Community Visioning Plan. The goal is to develop Summary Statement: a plan that, through community input and participation, will help direct city efforts and resources toward a defined vision for the future. The deadline for submissions is September 30, 2020. $50,000 Expenditure Required: City Council approved including a community visioning plan in the FY2021 budget. Page 35 of 545 City of Waterloo, Iowa Request for Qualifications 2030 VISION PLAN Requested by: Wendy Bowman, Communications Director on behalf of Mayor Quentin Hart DESCRIPTION The City of Waterloo, Iowa is looking for proposals from qualified consultants to contract for consulting services to guide a Community Vision and Strategic Action Plan process for the City. Consultants are invited to submit a proposal, which includes an outline of their experience and qualifications in performing work directly related to the services required. The consultant will propose a work plan to develop a Community Vision through representative public involvement and participation, articulating the community identifiers reinforcing pride points for residents and business alike. The Community Vision should understand the whole community, reflect core community values, address emerging trends and issues, imagine a preferred future, and promote local action. The vision findings of this exercise will then be prioritized and added to a Strategic Action Plan. The intent of the Strategic Plan is to help the City direct its efforts and resources toward a defined vision for the future. The plan should include benchmarks or milestones that measure the City's progress along the way. The City needs to adopt a plan that the community accepts.The process should include both active and passive involvement ensuring diverse and extensive community participation. 8.25.2020 Page 36 of 545 The process should address and provide direction/goals on the following issues: Community Vision • Determine where the City is now and help Waterloo decide what it wants to be in the future. This should take into account what makes Waterloo unique and special, and how the City can use these characteristics to prepare for the future. • Determine a community accepted brand or identity slogan for promotion and direction. • Provide a process that allows general alignment and focus of the City Council, City administration, and staff, with the residents, business interests, community groups, and local organizations. • Recognize economic development potential and ways to diversify the local economy • Identify and analyze potential partnerships with other entities; (such as public/public, public/private). Strategic Action Plon • Transform the conceptual goals from the visioning process into realistic, achievable targets. • Evaluate existing and future public infrastructure and maintenance; priorities, phasing; help identify how city resources should be allocated and how to ensure existing infrastructure is maintained and future infrastructure is responsibly planned. • Plan for fiscal sustainability. 8.25.2020 Page 37 of 545 SCOPE OF SERVICES The proposed scope of services must include at a minimum, the following items. The successful candidate will be able to Phase 1 — Community Vision Facilitate a Community Visioning process consisting of public meetings,focus-group sessions, open houses, surveys and other outreach forums.These gatherings would result in the submission of a multitude of suggestions from diverse members of the Waterloo community.The desired outcome is a community vision entailing guiding goals, each with specific visioning targets that could serve as a framework for the strategic planning process, and direction for a brand or identity. This should be accompanied with a public involvement program that engages the community in the process as well as provides future public involvement forums to keep the community in the loop as we meet and change goals. Phase 2 — Strategic Action Plan Incorporate the targets and ideas from Phase 1 into a strategic Action Plan. Conduct an internal and external scan, i.e., looking at or reviewing,the community's resources, strengths and assets in light of trends and influences affecting the community. Internal scan would include an inventory of community resources, e.g., city resources and finances, people, health, education, business and job opportunities, housing, art and culture, leisure, recreation and entertainment, and geography. External scan would look at what is happening outside of the community on a local, regional and national level that may affect a community, e.g., demographics, economy and lifestyle trends. • Describe the overall strategy and identify key challenges and opportunities. • Develop an action plan and establish implementation steps and schedule. • Establish benchmarks or milestones that measure the City's progress throughout the Strategic Planning process. COMMUNICATION Requests for additional information or documents from the City in order to respond to the RFP must be received in writing no later than September 15, 2020. All information and documents provided by the City will be posted on the City's website at www.citvofwaterlooiowa.com/community-vision. Any oral communications will be considered unofficial and non-binding on the City. 8.25.2020 Page 38 of 545 PROCESS AND TIMELINE FOR SELECTION A consultant selection committee will review the proposals. The committee may select prospective consultants for further consideration or may directly select and negotiate for a scope of service with the leading candidate. If more than one consultant is considered, then interviews may be conducted or additional information requested. September 30, 2020 - Deadline for RFP Submittal Submittals must be received at City Hall, located at 715 Mulberry St, Waterloo, Iowa, 50703 by the above deadline. Submittals shall be marked to the attention of Wendy Bowman, Communications Director. Digital proposals may be submitted via e-mail to Wendy.Bowman@waterloo-ia.org, but the city assumes no responsibility for formatting or transmission errors. October 5-16— Review and selection of candidates The evaluation team will select candidate(s) from submittals received. This process will include review of submittals, references, and other information as necessary. The City may conduct interviews with potential candidates if applicable. In making this selection, the City reserves the right to request from any responding entity to clarify its proposal or to supply any additional material deemed necessary to assist in the evaluation of the proposal within the timeline requested by the City. October 19 — November 2 - Negotiation of contract The City will attempt to negotiate a satisfactory contract with a preferred candidate. If the City determines, at its sole discretion, that the negotiation is not proceeding satisfactorily, the City may terminate negotiation with the preferred candidate and begin negotiation with another candidate. 8.25.2020 Page 39 of 545 SUBMITTAL REQUIREMENTS To be considered, interested parties must submit by the deadline five (5) copies (at least one that is unbound and photo copy ready) and one electronic copy on CD or jump drive of a proposal package that includes the following: • Letter of interest— must be no more than two pages in length and include contact information and signature. • Summary of qualifications, experience and availability. It should summarize qualifications, relevant experience, and availability to participate in the RFP process, and provide services to the City. It should also identify key staff members who will be participating. • Project team resume and portfolio—to include current resume of project team members, and references. • Proposed approach to the process, including a proposed schedule and description of proposed public involvement. • Proposed budget -The city will consider proposals up to a maximum cost of$50,000. A full description of the expected costs for the work described in the RFP phases 1 and 2 must be provided. Costs for all project tasks must be total and inclusive (e.g. estimated hours/total costs for consultant fees, preparation of deliverables, printing, travel expenses, etc.). Actual compensation is subject to contract negotiation. • List of professional references—listing most recent professional references and their contact information. • A minimum of three examples of relevant written work related to Visioning and Strategic Planning: at least one of which will represent a strategic plan prepared on behalf of a City or comparable entity. • Ability to meet the City's insurance requirement for minimum amounts of insurance as provided in the City's proposed contract attached to this RFP as Attachment "A". Naming of references is considered permission to contact the reference.The City may contact outside individuals, whether offered as reference or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. 8.25.2020 Page 40 of 545 EVALUATION CRITERIA Responses will be evaluated by the City as set forth immediately below: 1. Completed Letter of Interest 2. Business agency and history, including qualifications. 3. Experience and qualifications of the employees assigned to this project. 4. Samples of work. 5. Letters of recommendation. 6. Ability to meet proposed schedule. 7. Proposed fees, prices, and/or costs. The City reserves the right to utilize new or revised evaluation criteria at its sole discretion. The City reserves the right to award the contract to the responding entity which best meets the needs and interests of the City or to reject all responses as provided below. CONTRACT The City's proposed contract and all other terms and conditions can be viewed in the full RFP posted on our website at http://www.CityofWaterloolowa.com/community-vision. 8.25.2020 Page 41 of 545 CITY OF WATERLOO Council Communication Resolution awarding bid to SJ Construction, Inc., in the amount of$18,868.50, in conjunction with the Police Department Storage Facility Remodeling Project. City Council Meeting: 9/8/2020 Prepared: 8/31/2020 ATTACHMENTS: Description Type ❑ Kidder Construction Inc. Bid Backup Material ❑ SJ Construction Inc. Bid Backup Material Resolution awarding bid to SJ Construction, Inc., in the amount of SUBJECT: $18,868.50, in conjunction with the Police Department Storage Facility_ Remodeling Project. Submitted by: Submitted By:Dave Mohlis, Police Captain Recommended Action: Approve the remodeling bid from SJ Construction, Inc. The Police Department storage building, 415 E 7th Street. Summary Statement: Two bids were received: SJ Construction Inc. - $18,868.50 Kidder Construction Inc. - $37,185.00 Expenditure Required: Bond funds Source of Funds: Bond funds Background Information: This building was recently acquired by the City for use by the Police Department for long term storage. Page 42 of 545 11 ID .lune 24, 2020 CONSMUMON Inc. City of Waterloo Dave Mohlis Re: Police Evidence Building We propose to furnish material, labor, equipment, and insurance to complete the remodeling per my sketches, for the sum of: $ 42,515.00 . We have included the following: 1. Board up (1) existing aluminum entry door, stud infill framing, insulate, & cover with siding. 2. Remove (1) existing aluminum entry door & install (1) hollow metal flush door, threshold, sill sweep, panic device with a lever handle trim, door closer, and weather strip. 3. Remove (3) existing window bays, stud infill framing, insulation, OSB sheathing, vinyl siding, and 5/8" sheetrock finished and painted. 4. Remove existing west window bay, stud infill frame for a 12' wide x 10' high overhead door. Raise ceiling in this area for door track. Remove existing knee wall, cut out floor slab and re-pour a sloped area to match sidewalk grade, cut out existing curb, form and pour a 12' wide approach and new sidewalk. 5. Install new ceiling grid, tile, and insulation at raised area for overhead door. 6. Install 2x6 rough bucks for overhead door installation. 7. Wrap overhead doorjambs with white break metal. 8. Install (1) Overhead Door Model 591 white Thermacore 12` wide x 10' high door with Overhead Door model RSX operator. 9. Remove existing glass,jambs, and trim at Training Room window.Stud infill framing, sheetrock, finish and paint. 10. Large Room Area -cut existing sheetrock at 48" above floor, remove and dispose of sheetrock, re-sheetrock and finish, and paint. 11. Furnish and install vinyl base. 12. Remove existing exhaust hood, cap gas piping and vent and infill ceiling grid. 13. Removal and disposal of existing ceiling file and insulation. 14. Install batt insulation where it is missing in framed walls. 15. General building permit. No fee per Greg. We have not included off or overtime hours, bonding, Iowa sales tax, killing of any mold, portable toilet, replacing wall insulation in large room, sprinkler work, final keying, or code compliant issues the city may require. Thank you Kidder Construction Inc. L-ovL, A%e Iz�dder 6036 Faulk Road I Shop / Warehouse P.O. Box 2242 1 Waterloo, Iowa 50704 1 (3119) 234-2259 ® FAX (319) 233-5Pbbe 43 of 545 'x7'J'1j1 `f1 ; ,l 1 August 20, 2020 City of Waterloo Police Department Dave Mohlis mohlisd@waterloopolice.com Re: Police Evidence Building CONCRETE WORK DEDUCTS Dave The concrete work deducts are as follows: Exterior • To delete curb cut, concrete approach, and concrete sidewalk-deduct $3,730.00 Interior • To delete saw cutting of existing concrete floor slab at overhead door and pour new concrete tapered down to match height of existing sidewalk (the building floor height is 3"- 4" higher than the sidewalk) -deduct $ 1,600.00. It is hard to compare apples to apples without having a print or a detailed scope of work. My opinion would be that the concrete work would have to be done to get vehicles inside. Please call with any questions. 00 3-7, i °5", J. ) Thank you Kidder Construction Inc. �o v.vi.%e K.%of of e r x-- & . 6036 Faulk €otid ShoPa Warehouse R O, Box 242', = Vicitc-rima,. 11n es 0704 (319) 234-225-9 G FAX (3794 233-5698,+ Page 44 of 545 1625 Sycamore Street Waterloo, Iowa 50703 fflws*o�qj 319-232-9178 Office 319-2$7- 339 Fax CON SIMUC'T 10N INC. JCo www.siconstruction.net mchsi.c e# SJCons#inc(a�mchsi.com sertsing the since Y99s PROPOSAL TO, Waterloo Police Department PHONE319-291-4400 DATE 06/12/2020 715 Mulberry St., JOB NAME 7LOcxriom415 E. 7t' Street Waterloo, IA 50703 PHONE 319-291-4400 We hereby submit specifications and estimates for: Front Entry: Remove (2) doors. Close in (1) opening and repair the siding. Supply and install a new 42" X 85" steel flush door with hardware in the other opening. Remove all glass windows on the E. 7th Street side of the building and close in the openings. Repair the siding on the outside. Supply and install OSB sheeting on the inside. Paint to cover in white. Supply and install a new 16' X 9' overhead door with opener. This door will be insulated steel on both sides. Reframe opening to fit the new door on the E. 7th Street side. Remove the glass and close in the opening. Supply and install 518" drywall. Finish tape and paint to cover in white, repaired area only. Old Kitchen Area Remove the existing vent hood. Patch in drop ceiling grid work. Supply and install new 2' X 4' tiles, 942 Armstrong, in the whole kitchen area only. Cut up drywall 2' high around the walls where it is wet. Supply and install new 518" drywall and finish to cover. Paint the new drywall to cover, white in color. Note 1: There is no electric work included in this bid or bid price. There is no plumbing work included in this bid or bid price. Remove our mess from the job site A City permit is included. City code may require that dual sensor smoke detectors and/or carbon monoxide detectors are up to date. You can do them yourself but you MUST have them done before the final inspection or we can install them for $35. 00 each dual sensor detector or $60.00 each combination smoke/carbon detector. This is not included in your bid price and will be added to final billing. NOTE 1 : DUE TO THE EXTREME VOLATILITY OF BUILDING SUPPLIES, IF PRICES FLUCTUATE DURING THE PROJECT, THE COST OF THIS PROPOSAL WILL BE ADJUSTED TO MEET THE PRICE INCREASE. TERMS AND CONDITIONS I AGREE TO THE PROPOSAL SUBMIT'T'ED TO ME AND I AM OF LEGAL AGE TO ENTER INTO A Page 45 of 545 1625 Sycamore Street Waterloo, Iowa 50703 319-232-9178 Office fflposoo i 319-287-6340 Fax CONS'I' IrION INC. wwwnstinc trrichsi.c et BJConstincla�mchsi.com seT-viazg the cominunitt/ since x99 PROPOSAL TO: Waterloo Police Department PHONE319-291-4400 DATE 06/12/2020 715 Mulberry St., JOB NAME ILOCATION: 415 E. 7ttl Street Waterloo,_ IA.50.7.03_ PHONE 319-291-4400 We hereby submit specifications and estimates for: CONTRACT FOR THE SERVICES I AM REQUESTING. I AM ALSO THE OWNER OF SAID ADDRESS IN THE PROPOSAL IN WHICH I SIGNED AND AM LEGALLY AUTHORIZED TO ENTER SAID ADDRESS INTO A CONTRACT FOR THE SERVICES. I UNDERSTAND THAT IF I FAIL TO PAY AS THE PROPOSAL SETS FORTH, THAT I MAY INCUR LATE FEES, ADDITIONAL COSTS AND INTEREST EQUAL TO 1. 5% MONTHLY OR 18% YEARLY. I UNDERSTAND THAT IF SAID CONTRACTOR HAS TO SEEK LEGAL COUNCIL AND RELIEF IN COURT, THAT I WILL BE RESPONSIBLE FOR ANY COSTS PAID BY THE CONTRACTOR TO SEEK THAT REMEDY. THERE WILL BE A $30.00 FEE PLUS BANKCHARGES FOR ANY RETURNED CHECKS. I UNDERSTAND THAT WORK MAY BE DELAYED DUE TO INCLEMENT WEATHER AND OTHER CIRCUMSTANCES OUT OF THE CONTRACTOR'S CONTROL. Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions,even if the parties have no direct contractual relationship with the owner.The mechanics' notice and lien registry provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. If the person or company has posted its notice or lien to the mechanics' notice and lien registry internet site,you may be required to pay the person or company even if you have paid the general contractor the full amount due. Therefore,check the mechanics' notice and lien registry internet site for information about the property including persons or companies furnishing labor or materials before paying your general contractor. In addition,when making payment to your general contractor, it is important to obtain lien waivers from your general contractor and from persons or companies registered as furnishing labor or materials to your property. The information in the mechanics' notice and Gen registry is posted on the internet site of the mechanics `notice and lien registry. The website is sasJow. ovfNINLR or you may phone them toll-free at 1-888-767-8683. We propose hereby to furnish material and labor---4,,omplets in accordance with the above specifications,for the sum of: Eighteen thousand eight hundred and sixty-eight dollars and fifty cents. ($18,868.50) Payment to be made as follows: 10% Deposit down at contract signing.(Deposit is non-refundable if contract is cancelled by homeowner)1/2 Down payment at the start of the job. Remaining btfKEt_ billing. VISA 8r MASTER CARDS ACCEPTED***There is a 3% additional fee per credit All material 3s guaranteed to be as specified. All work to be completed in a Authorized professional manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will become an extra charge over and Signature `_ above the estimate.Agreements Is contingent upon strikes,accidents or delays JF President for 5J constfuctlon,Inc beyond our control. Owner is to carry fire,tornado,and other necessary insurance. our Workers are fully covered by Worker's compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within: 30 days, Acceptance of Proposal -The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature - age 46 of 545 CITY OF WATERLOO Council Communication Resolution approving request of Ali Parish for a waiver for a concrete driveway, located at 1637 Calhoun Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 9/8/2020 Prepared: 8/28/2020 ATTACHMENTS: Description Type ❑ DW Waiver 1637 Calhoun St Backup Material Resolution approving request of Ali Parish for a waiver for a concrete SUBJECT: driveway, located at 1637 Calhoun Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city ght-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. Recommended Action: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. UNPLATTED WLOO EAST PART SE 1/4 SEC 29 T 89 R 12 COM 495 FTS & 435 FT E OF CENTER PT SEC 29 TH S 140 FT PAR Legal Descriptions: WITH N & S CENTER LINE SEC 29 TH E 100 FT PAR WITH E & W CENTER LINE SE C 29 TH N 140 FT PAR WITH N& S CENTER LINE SEC 29 TH W 100 FT TO BEG Page 47 of 545 WAIVER Date: Id,L Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a ,_: ' driveway or sidewalk located at (concrete dor asphalt) 1� -57 a 1 u&n E� ree (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, A (' PAIr (� 15 L' . Printed Name of Property Owner Signature of Property Owner Page 48 of 545 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as September 24, 2020 and date of public hearing as September 28, 2020 for the FY 2021 Sidewalk Repair Assessment Program-Zone 10, Contract No. 1018, and instruct the City Clerk to publish notice. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type ❑ Cont 1018 NPH Backup Material Resolution approvingj2reliminary-121ans, specifications, form of contract, etc. and setting date of bid opening as September 24. 2020 and date of public SUBJECT: hearing as September 28, 2020 for the FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018, and instruct thg Citv Clerk to publish notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office. Source of Funds: Property owner assessments ZONE 9: Background Information: North City Limits — East City Limits — Independence Avenue—Walnut Street— East 4th Street—Newell Street— Highway 63—North City Limits Page 49 of 545 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2021 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 10 In the City of Waterloo, Iowa CONTRACT NO. 1018 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 24th day of September, 2020 until 1:00 p.m. for the construction of the FY 2021SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 10, Contract 1018 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 24th day of September, 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 28th day of September, 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 Engineering Department 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 City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. NOTICE OF HEARING CONTRACT NO. 1018 PagrgW250 of 545 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 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://dodgepromects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The extent of the work involved is removing and replacing PCC sidewalk of various widths and thicknesses, drainage structure repair, and water valve repair within Zone 10 of the City of Waterloo's Sidewalk Repair Program. This project is generally located in an area bound by: Park Road — Broadway Street— Conger Street— Newell Street— East 4th Street— Cedar River 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. 1018 PagV�gy251 of 545 CITY OF WATERLOO Council Communication Request to certify assessment to 500 Ricker Street in the amount of$3,500, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 9/8/2020 Prepared: 8/28/2020 ATTACHMENTS: Description Type ❑ 500 Ricker Street Assessment letter Backup Material Request to certify assessment to 500 Ricker Street in the amount of$3,500, SUBJECT: for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted by: Submitted By: Chad Coon, General Manager Waterloo Water Works Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their August Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated primarily from water sales. Page 52 of 545 WATERLOO WATER WORKS CHAD COON 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair THOMAS E.WALL August 24, 2020 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, August 19, 2020. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $3,500.00, which is supported by invoice from Al Gordon Plumbing & Heating, L.C., showing the work necessary to replace the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to repair the service line at 500 Ricker Street, which is located on Lot No. 14 in Peek's Second Addition, in Waterloo, Iowa, Black Hawk County, and owned by Cedric Culp. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 53 of 545 Page 2 It was moved by Wall, second by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WAT WORKS 7 Chad Coon, General Manager CC/cd Page 54 of 545 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as September 24, 2020 and date of public hearing as September 28, 2020, in conjunction with the purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates, and instruct City Clerk to publish said notice. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type Bid Documents 2020 Iry Warren Memorial Golf Backup Material Course Irrigation Controls System Update Resolution approving preliminary specifications, bid documents, etc., setting date of bid openingas s September 24, 2020 and date of public hearing as SUBJECT: September 28, 2020, in conjunction with the purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates, and instruct Ci tv Clerk to publish said notice. Submitted by: Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Approve the plans, specifications, etc. and taking of bids, and set the date of Recommended Action: bid opening as September 24, 2020 and the public hearing as September 28, 2020. The current Iry Warren Memorial Golf Course irrigation system was installed 23 years ago and has not had any updates to the operating system in that time. The current operating system is no longer supported and a single Summary Statement: lightning strike or glitch in the software could render the entire system inoperable with no recourse to get up and running again. This project will install new hardware and software throughout the system and modernize the operation to today's standards. Expenditure Required: Estimate of$65,000 Source of Funds: CIP Funds- Leisure Irrigation Control System 420-37-4120-2174 CIP Funds- Leisure Golf Course Improvements 420-37-4120-2174 Starting in 1997 with Iry Warren Golf Course one new irrigation system was installed per year at each of the three Waterloo Golf Courses. Gates was Background Information: completed in 1998 and South Hills was completed in 1999. This control systems update is also planned to be phased in over three years with Gates being completed in 2021 and South Hills in 2022. Page 55 of 545 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS 2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION CONTROL SYTEM UPDATE Bid documents for 2020 Iry Warren Memorial Golf Course Irrigation Control System Update. All products and software are expected to be supplied and ready for use by the City of Waterloo, Iowa. Page 56 of 545 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION CONTROL SYSTEM UPDATE Waterloo Leisure Services is seeking competitive bids for the sale of an UPDATED IRRIGATION CONTROL SYSTEM as described in the enclosed specifications. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday September 24, 2020 until 1:00pm for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. CITY HALL HAS LIMITED ACCESS TO WALK IN BUSINESS DUE TO COVID-19 SO PLAN ACCORDINGLY TO MAIL YOUR BIDS WITH ENOUGH TIME TO BE RECIVED BEFORE THE DEADLINE. OPENING OF BIDS All proposals for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update will be opened at 1:00 p.m. on Thursday September 24, 2020 in the Second Floor City Council Chambers. Proposals will be referred to Waterloo Leisure Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update at 5:30 p.m. on Monday September 28, 2020. The hearing will be held in the Council Chambers in Waterloo City Hall. The specifications documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make an objection at the meeting. When submitting a bid, please note on the lower left hand corner of the envelope: 2020 Iry Warren Memorial Golf Course Irrigation Control System Update All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. Page 57 of 545 All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The bid price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/or transportation costs necessary to supply the equipment and software in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. All bids should include all extras or options as detailed on the attached specifications sheets including special warranty provisions or maintenance provisions. The bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger, Golf& Downtown Area Maintenance Manager Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Monday through Friday 7AM-4:OOPM with any questions. The bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa,with a bid deadline of Thursday September 24, 2020 until 1:00pm for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street,Waterloo, Iowa, 50703. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Page 58 of 545 Specifications for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update: The undersigned hereby agrees to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all the necessary parts and accessories needed for its operation as specified below. Vendor must meet or exceed specifications as detailed below. Vendor must list any deviation from specifications given. QUANTITY: 1 PART# LYNX-NONNSN-STAN TORO Lynx CE Upgrade for Non-NSN User, Standard Computer, w/ 1 Yr. NSN (Includes 1 Tuition to MTI Hosted Regional NSN Training) QUANTITY: I PART# NSN-ESSENT-2N1-L TORO NSN 2 Year Additional Support Package ADD-ON (includes 24 hr support, emergency paging, ext. warranty, free software packs, 24hr hardware replacement. QUANTITY: 1 PART# LYNXAPPS TORO Lynx Apps Activation, One Time Fee for NSN Subscribers QUANTITY: 1 PART# FIU-2011 TORO Field Interface Unit w/1 Wireline & 1 Radio Line QUANTITY: 10 PART# 300-032P6M4A Vendor shall be present on site to help set up the field interface unit, new computer, and help the Iry Warren Maintenance Crew install the necessary hardware and software on a minimum of one satellite control center. Page 59 of 545 CITY OF WATERLOO,IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION CONTROL SYSTEM UPDATE Bidder is providing the equipment package price as specified with all options included. Installation of these upgrades will be at Iry Warren Memorial Golf Course 1101 Campbell Ave, Waterloo, Iowa. System must be ready for use by the City of Waterloo. If awarded the contract we agree to provide the equipment specified and assist with the installation of the updated irrigation controls on or before December 1, 2020. Failure to do so on or before the designated date shall result in a penalty at a daily rate of$50.00 per unit per working day until work is completed. We understand that this quotation will be reviewed by the Leisure Services Golf& Downtown Area Maintenance Manager and the Waterloo City Council for the purpose of securing the equipment updates at the most favorable cost. Life cycle analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records, vendor's past performance records, and quality of products offered will be considered where applicable. BIDDER: COMPANY NAME ADDRESS: CONTACT PERSON PHONE: (_) COMPLETE IRRIGATION SYSTEM CONTROL UPDATE dollars ($ ) SIGNED: DATE: Page 60 of 545 Bidders: Reinders Darrick Robbins 111 Lexington Dr Buffalo Grove, IL 60089 drobbins@reinders.com 630-217-1922 Spartan Distributing Kris Early 1050 N Opdyke Rd Auburn Hills, MI 48326 Kris.early@spartandist.com 248-408-2360 MTI Craig Jerome 4830 Azelia Ave. North Suite 100 Brooklyn Center, MN 55429-3836 Craig.j erome@mtidi stributing.com Page 61 of 545 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as September 14, 2020 on the proposed issuance of not to exceed $4,000,000 General Obligation Urban Renewal Bonds (ECP-UR-6) for Essential Corporate Urban Renewal Purposes for improvements to the Convention Center, and instruct the City Clerk to publish said notice. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type Council Comm ECP UR 6 Convention Center Bond Backup Material Hearing Resolution setting date of public hearing as September 14, 2020 on the proposed issuance of not to exceed $4,000,000 General Obligation Urban SUBJECT: Renewal Bonds (ECP-UR-6) for Essential Corporate Urban Renewal Purposes for improvements to the Convention Center, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer ECP-UR-6—Not to exceed $4,000,000 General Obligation Urban Renewal Bonds (ECP-UR-6) for essential corporate urban renewal purposes, to provide funds to pay the costs of aiding in the planning, undertaking and Recommended Action: carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, such as those costs associated with the improvement, reconstruction, equipping and repair of the Sullivan Convention Center. These bonds are expected to be sold next spring. Hearing authorization is needed now in order to execute a contract for the next phase of improvements to the Convention Center. We have set the hearing authority higher than the bond amount expected to be sold to provide flexibility. The pandemic has created an unusual set of circumstances for convention Summary Statement: centers. It's in the City's best interest to do major renovations during the time that the demand for events at the Center is lower due to the pandemic. As you may remember, the City took over operations of the Convention Center in January 2020, shortly before COVID-19 began to impact our economy. It makes sense to reduce the impact on the Center's operations as much as possible, by being able to have the Center open as much and as soon as possible. We hope to reduce the negative impact on the City's operating budget by proceeding with these projects at this time. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from general property taxes. Page 62 of 545 Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the projects. Page 63 of 545 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Council Communication City Council Meeting: September 8, 2020 Prepared: September 1, 2020 Mayor Dept. Head Signature: Michelle Weidner QUENTIN HART Number of Attachments: None SUBJECT: FYE2020 Convention Center Improvements COUNCIL Bond Issue Hearing MEMBERS Y Submitted b Michelle Weidner, Chief Financial Officer ................... Recommended City Council Actions: MARGARET KLEIN Adopt resolutions to set the date of hearing as September 14, 2020 on the Wards proposed issuance of the following bonds for the project classifications previously approved, as follows: JONATHAN GREIDER ECP-UR-6 — Not to exceed $4,000,000 General Obligation Urban Ward Renewal Bonds (ECP-UR-6) for essential corporate urban renewal PATRICK purposes, to provide funds to pay the costs of aiding in the planning, MORRISSEY undertaking and carrying out of urban renewal projects under the Ward authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, such JEROME as those costs associated with the improvement, reconstruction, AMOS,JR. equipping and repair of the Sullivan Convention Center. Ward 4 RAY Summary Statement: These bonds are expected to sold next spring. Hearing FEUSS authorization is needed now in order to execute a contract for the next phase of Wards improvements to the Convention Center. We have set the hearing authority higher than the bond amount expected to be sold to provide flexibility. SHARON The pandemic has created an unusual set of circumstances for convention NON A:-Large centers. It's in the City's best interest to do major renovations during the time that the demand for events at the Center is lower due to the pandemic. As you may DAVE remember, the City took over operations of the Convention Center in January BOESEN 2020, shortly before COVID-19 began to impact our economy. It makes sense to A:-Large reduce the impact on the Center's operations as much and as soon as possible, by being able to have the Center open again as soon as possible. We hope to reduce the negative impact on the City's operating budget by proceeding with these projects at this time. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from property taxes. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the project. Page 64 of 545 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 817 Jane Street, in the amount of$370.36, 121 Hawthorne Avenue, in the amount of$288.84, and 206 Williston Avenue, in the amount of$249.12, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 9/8/2020 Prepared: 8/31/2020 Resolution approving cancellation of assessment for 817 Jane Street, in the SUBJECT: amount of$370.36. 121 Hawthorne Avenue, in the amount of$288.84, and 206 Williston Avenue, in the amount of$249.12, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By:Kelley Felchle, City Clerk Summary Statement: These properties were assessed in error. Our records indicate the owners both paid in full. Page 65 of 545 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as September 21, 2020 on the codification of the City of Waterloo Traffic Code of Ordinances, and instruct City Clerk to publish said notice. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 Resolution setting date of public hearing as September 21, 2020 on the SUBJECT: codification of the City of Waterloo Traffic Code of Ordinances, and instruct City Clerk to publish said notice. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 66 of 545 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as September 21, 2020 to approve a request by Peters Construction for a Site Plan Amendment in the"C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue, and instruct the City Clerk to publish said notice. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Resolution setting date of public hearing as September 21. 2020 to approve a request by Peters Construction for a Site Plan Amendment in the"C-2, C- SUBJECT• Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by Peters Construction for a Site Plan Summary Statement: Amendment in the"C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building plus a 10,175 square foot addition located at 4140 Kimball Avenue. Expenditure Required: None Source of Funds: N/A Strategy 1.3: Ensure that development ready sites exist and realistic, Policy Issue: meaningful incentives are defined to attract new business and support existing businesses. The applicant is requesting a new funeral home in an existing building with a 10,175 square foot addition. The request for a site plan amendment would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other commercial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Kimball Avenue, which is a Minor Arterial. The area in question has been zoned "C-2, C-Z"Conditional Commercial Page 67 of 545 District since the adoption of Ordinance 3490 on June 23, 1987. There is a 15" storm sewer and overhead wires in Kimball Avenue. The Future Land Use Map designates this area as Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicants are proposing to reuse an existing building at 4140 Kimball Avenue plus construct an addition to allow for a funeral home and crematorium to be located at the site. The property has been zoned "C-2,C-Z" since June 23, 1987. At that time the city did not have planned districts such as "C-P"Planned Commercial so the"C-Z" Conditional zoning was used to allow for greater oversite on the development of the area. The existing building has 20,272 square feet of space not including the canopies with the applicant proposing an addition that would bring the total square footage of 30,775 square feet. The building will be remodeled from office space to a funeral home with the additional square footage used for additional office space, meeting space, a garage with car wash area, and a crematory. The applicant is proposing 223 parking spaces. Parking requirements for a funeral home is Fifteen(15)parking spaces or one (1)parking space for each four(4)persons of maximum occupancy of the auditoriums, whichever is greater. The maximum occupant load of the auditoriums is 873, which would Background Information: require 219 parking spaces therefore the complex will meet the parking requirements. The proposed exterior treatment includes keeping the existing brick and adding a limestone accent band around the entire building. They will also construct a front canopy that will also have limestone bands and benches. The applicants are also proposing to have an illuminated sign along Kimball Avenue however, were currently shown the sign would be in city right-of-way and would require an encroachment agreement, however there are several overhead utilities in close proximity to the proposed sign. A separate application would be required to review any requested encroachment agreement. There are utilities on both sides of the proposed sign and if approved by encroachment agreement and at some point the utilities companies need to remove the sign in order to access those utilities it would be at the risk and expense of the property owner. Staff will discuss this further with the applicant. At their September 1, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the site plan amendment. Knutson noted during tech that if the applicants are only using their existing hard surfacing for the addition which the site plan shows then they will not need to change their detention. The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request for site plan amendment in the "C-2, C-Z"Commercial Conditional District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the Page 68 of 545 surrounding area and would be compatible with surrounding development. Legal Descriptions: TOWER PARK NO 3 LOT 1 Page 69 of 545 September 1,2020 REQUEST: Request by Peters Construction for a Site Plan Amendment in the "C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building plus a 10,175 square foot addition located at 4140 Kimball Avenue. APPLICANT(S): Peters Construction, 901 Black Hawk Road, Waterloo, Iowa 50701 GENERAL The applicant is requesting a new funeral home in an existing DESCRIPTION: building with a 10,175 square foot addition. SURROUNDING The request for a site plan amendment would not appear to LAND USES AND have a negative impact upon the surrounding area as it would IMPACT ON appear to be compatible with other commercial development in NEIGHBORHOOD: the area. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Kimball Avenue, CONDITIONS: which is a Minor Arterial. RELATIONSHIP TO There is currently no trail in the area however, the Fisher RECREATIONAL Avenue trail is planned to be extended past the site in the TRAIL PLAN AND future. There is currently sidewalks in the area. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "C-2, C-Z" Conditional FOR SITE AND Commercial District since the adoption of Ordinance 3490 on IMMEDIATE VICINITY: June 23, 1987. Surrounding land uses and their zoning designations are as follows: North — Commercial zoned "C-2, C-Z" Conditional Commercial District, including Farmers State Bank and other commercial users. South — US Highway 20 and vacant land zoned "B-P" Planned Business. East — Kimball Avenue, Commercial and Residential zoned "C- 2" Commercial District. West — Commercial zoned "C-2" Commercial District, "R-4" Multiple Residence District and "C-P" Planned Commercial District. BUFFERS/ No buffers would be required as a part of this request. The SCREENING/ applicant will need to submit and execute a landscaping plan for LANDSCAPING the site during the building permit approval process. REQUIRED: DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area. SPA-4140 Kimball Avenue Page 1 of Page 70 of 545 September 1,2020 DEVELOPMENT Commercial buildings built between 1999 and 2005, residential HISTORY: buildings built between 1919 and 1975. FLOODPLAIN: No portion of the property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. PUBLIC /OPEN Lou Henry Elementary School is located 0.634 miles to the SPACES/ SCHOOLS: northwest, Hoover Middle School is located 0.697 miles to the northwest, and West High School is located 1.20 miles to the northeast. Bontrager Park is located 0.793 miles to the northeast and Paulson Park is located 0.687 miles to the northwest. UTILITIES: WATER, There is a 15" storm sewer and overhead wires in Kimball SANITARY SEWER, Avenue. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as COMPREHENSIVE Commercial. The proposed site plan amendment would be in LAND USE PLAN: conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicants are proposing to reuse an existing building at ZONING 4140 Kimball Avenue plus construct an addition to allow for a ORDINANCE: funeral home and crematorium to be located at the site. The property has been zoned "C-2,C-Z" since June 23, 1987. At that time the city did not have planned districts such as "C- P" Planned Commercial so the "C-Z" Conditional zoning was used to allow for greater oversite on the development of the area. The existing building has 20,272 square feet of space not including the canopies with the applicant proposing an addition that would bring the total square footage of 30,775 square feet. The building will be remodeled from office space to a funeral home with the additional square footage used for additional office space, meeting space, a garage with car wash area, and a crematory. The applicant is proposing 223 parking spaces. Parking requirements for a funeral home is Fifteen (15) parking spaces or one (1) parking space for each four (4) persons of maximum occupancy of the auditoriums, whichever is greater. The maximum occupant load of the auditoriums is 873, which would require 219 parking spaces therefore the complex will meet the parking requirements. The proposed exterior treatment includes keeping the existing brick and adding a limestone accent band around the entire building. They will also construct a front canopy that will also have limestone bands and benches. SPA-4140 Kimball Avenue Page 2 of Page 71 of 545 September 1,2020 The applicants are also proposing to have an illuminated sign along Kimball Avenue however, were currently shown the sign would be in city right-of-way and would require an encroachment agreement, however there are several overhead utilities in close proximity to the proposed sign. A separate application would be required to review any requested encroachment agreement. There are utilities on both sides of the proposed sign and if approved by encroachment agreement and at some point the utilities companies need to remove the sign in order to access those utilities it would be at the risk and expense of the property owner. Staff will discuss this further with the applicant. At their September 1, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the site plan amendment. TECH REVIEW AND Knutson noted during tech that if the applicants are only using UPDATES their existing hard surfacing for the addition which the site plan shows then they will not need to change their detention. STAFF ANALYSIS — The applicant is not proposing to subdivide the property. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "C-2, C-Z" Commercial Conditional District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA-4140 Kimball Avenue Page 3 of Page 72 of 545 City of Waterloo Planning, Programming and Zoning Commission September 1, 2020 CON D z IPLt nHwt— K Q �,sD zw ¢Cq T gVF AV LINDNER DR_ o O � Ofa _ GLENCOEAE 4 R4 ¢ LEO NAAE0- w LU m OR O m N J W HILLTOP RD TWOODAVE W 0' �� Y S-1 I - Or •� O� 9� /_ )Q �`P u.' 3 J oR-3 _R-3 HILLTOP RD U Z PARK L AVE W �OGP y 0 U of �(if _ R-3 � c�ti? 02 SARATOGADR U yP� COLUMBUS DR - U x a Q --- MEADO LN R-4, P FR.BRUNKEN BLVD R-1 ' f0 HAINES AVE z �_Z W W qR R_2�C-� p-2 __ R R-4 R-4 BARRYINGTON IQ 1 �I x ,yI W �` RA HAEL ST DR d R-3 Q Q w RAVENWOOD RD R_P o > EDGEMONT z z a o OO'P w p 0 w CHAEL ST AVE g v i» R-3 z � �o J J R-4 � Z v F 0 0� a a w a W R-3 LL Q Y N N 0 0 0 R--4 05� z o p a Z 0 o � � vPN T FQ — � R-2 � w w z J O J C-1 C U WILUWOOD RI A�1 p R-3,R-P 3 Z R-2 C-Z- R-4 N J R'2' R-3 � = H PAIGE �P i3 wrc ao O MPIC DR z h 00 \ m R-4 PRAIRIE -t y m 2 Q N DR �i s IE om rn R_4 UTHBROOK MEADOW N OT" EXCELSIOR a LN w u L z SO YA DR R-3 a w C-�1 C-1 CV1,C-Z Y R-4 E. NMARNANACC ESS W.SAN MARNAN DR o F E;-1- E. SAN MARNAN DR C-P2 u I E.SAN M NAN DR y R-4,R-P yti Y C-ZI TO ER PARK DR = vy z w U E.TOWER PARK w DR n A r OWER PA K DR T J -1 FSS C-P C_P z C-2;C-Z a C-2 M tiFR Dq m Le \i 2 R-4ANDERSON WINN ST DR' B-P R-1,C-Z, Y W Q Q Q Y A-1 W.SHAULIS RD E.SHAULIS RD W*N 414o Kimball Avenue E Site Plan Amendment s Peters Construction ,,DDD 500 0 1,000 . . Feel Page 73 of 545 City of Waterloo Planning, Programming and Zoning Commission, September 1, 2020 ---------------- ------------------ - _ 01 4140 Kimball Avenue r r TTTlr ,\ .. ANDER DR J 1 � Q WINN ST Q l it ��tppg J 20 Q LLQ f N 4140 Kimball Avenue w E Site Plan Amendment s Peters Construction Page 74 of 545 August 11, 2020 +viii♦ RE: 4140 Kimball Ave Site Plan Amendment Application Other Pertinent Information Below you will find additional information related to the application PETERSsubmitted on August 11, 2020. CONSTRUCTION Property will be converted from office space to a funeral home. Building CORPORATION will be expanded to add additional office and meeting space, a garage space including a carwash, and a crematory. Total expansion to be approximately 10,087 sq ft. Drawings: See attached drawings as prepared by INVISION Planning and Architecture and VJ Engineering which include floor plan, elevations, and free-standing signage locations. Stormwater Management Concept: Overall impervious area of site is essentially unchanged. Reduced impervious area, use existing area-wide detention. Relocate storm line south of building. Relocate/reconstruct intake at northeast corner of building. Add area intake southwest of building at bend in relocated storm line. Parking: 285 stalls existing, including 6 handicapped spots. Approximately 223 stalls following renovation with approximately 6-8 handicapped stalls anticipated. Easements: See attached easement agreement dated January 26, 1995. 901 Black Hawk Rd. Waterloo, IA 50701 (Phone) 319-236-2003 (Fax) 319-236-2009 www.peters.build Page 75 of 545 11 LOCKE FUNERAL HOME RENOVATION AND EXPANSION180802 VICINITY MAP - PLANNING, AND ZONING, EXHIBIT nR : r N 41 40 KIMBALL AVE . � DO �;m g.�F� :no s - .w _ �� I e 4 K,xwE. w � � � �•� �xo a = �, WATERLOO , I O W A ` w sc 0 3 n rtt xor�h 3 N T I C O • vi o Bx8 o ,w „" SITE LOCATION o �I 9 DIRECTIONAL MONUMENT/S. 1-- -- _ILLUMINATEDSIGN 9 10 OWNER/DEVELOPER PROPERTY no NTMRY -' 1 6 PERFORATED HDPESU3-DRAIN / EXISTING SIDEWALK 4 j '_ LocKEFUNERALHDME ,:i. 1 I LOCKE FUNERAL HOME T p 30,735 SF(WITH PROPOSED ADDITION) o.w ! -` uj PROJECT SITE ADDRESS w j a 4140 KIMBALL AVE 3205SIF \ C RELOCATE GAS SERVICEPROPOSED i��--_--- SIDEWALK \ CURRENT ZONING �•• + ®/ - ° ° �G G a _ _— m C-2/CZ CONDITIONAL ZONING COMMERCIAL CONNECT TO ExISTING,9STORM SE,NeR PARKING REQUIREMENTS PROPOSED AREA INTAKE - PROPOSED 18"STORM SEWER Do LEGENDEXISTING SPACES:2856 HANDICAP) SET PROPERTY CORNER FOUND —( o PROPERTY CORNER SET ® SECTION CORNER FOUND EVENT SPACE C=2,800 SF( I LARGEST EVENT SPACE) 100.00 DIMENSION OF SURVEY ' 1 � - - _ -COMM- EXISTING OF ' MAXIMUM OCCUPANT LOAD= 00(7 SF PER PERSON PER IBC) _ G- EXISTING GAS — .PROJECT BOUNDARY I I PARKING SPACES REQUIRED 4 100(1 STALL PER 4 —ST- EXISTING STORM SEWER OCCUPANTS PER CITY OF WATERLOO ZONING ORDINANCE) - EXISTING SANITARY SEWER T , EXISTING TELEPHONE j/• }„I I - E - EXISTING ELECTRIC - / W- EXISTING WATER 4 PROPOSED#OF PARKING SPACES:223 -OHU- EXISTING OVERHEAD UTIL. 'p cr FTF ,'� I -FO- EXISTING FIBER OPTIC / —//— EXISTING FENCE Z [, JX EXISTING LIGHT POLE O ¢ O EXISTING UTILITY POLE F EXISTING SITE- m EXISTING ELECTRICAL BOX p 4 EXISTING M4NHOLE EXISTING BUILDING/PATIO = 20,712 SF `+ EXISTING FIRE HYDRANT ¢ w / - X EXISTING WATER VALVE of / EXISTING PAVEMENT = 111,554 SF N EXISTING GAS VALVE m a + m EXISTING TELEPHONE PED. O EXISTING SIDEWALKS = 6,133 SF ® EXISTING TREE _ TOTAL IMPERVIOUS = 138,399 SF=58% —000— EXISTING CONTOURS _j¢¢ z +- - --®- PROPOSED CONTOURS -< ¢ XOOO.00 PROPOSED GRADES w J O J TOTAL GREENSPACE = 100,745 SF =42% xo o.00 RIOPOSEDSTING �SILLTSFENCE Z m a TOTAL AREA = 239,144 SF �III�PROJECT BOUNDARY L-Y o N ®PAVEMENT REMOVAL DO [if _ L..pM -IL ILJI i ®SIDEWALK REMOVAL U'L-- J_ ..,.. PROPOSED SITE- d'< PROPOSED BUILDING/PATIO = 30,735 PROPOSED PAVEMENT = 101,842 SF IOWA H..- PROPOSED SIDEWALKS = 5,867 SF Q.0NE CALLOFTOTAL IMPERVIOUS = 138,444 SF=58% 00/ 292.8989 I PROPERTY BOUNDARY eAlt-BEFORE FYBU-BIB scale TOTAL GREENSPACE = 100,700 SF =42% TOTAL AREA = 239,144 SF drawn b PTA aporoved UTILITY STATEMENT DMA THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY „ INFORMATION AND EXISTING DRAWINGS.THE SURVEYOR MAKES NO GUARANTEE NORTH 07/01/2020 THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN F THE AREA,EITHER IN SERVICE OR ABANDONED.THE SURVEYOR FURTHER DOES revisions NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES DECLARE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE CONSTRUCTION OF THE SANITARY SEWER, STORM SEWER, AND WATER o as Bo SYSTEMS SHALL BE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS HIGHWAY 20 FOR MUNICIPAL IMPROVEMENTS WITHIN THE CITY OF CEDAR FALLS, IOWA, AND 20808 THE STATEWIDE URBAN DESIGNS AND SPECIFICATIONS(SUDAS), ,� � 'ice � •��+� ��� G�� Y. \ ,✓. _:..iy.' a i.,.'..Y _.. �_ xw-i.v. x._ Page 77 of 545 ,� � 'ice � •��+� ��� G�� Y. \ ,✓. _:..iy.' a i.,.'..Y _.. �_ xw-i.v. x._ Page 78 of 545 Site Plan Amendment — 4140 Kimball Avenue Looking north toward the existing building. Looking west from Kimball Avenue Page 79 of 545 .i s ar I m 4 Looking northwest from the driveway toward the Farmers State Bank Building. Looking east across Kimball toward a residence. Page 80 of 545 11 i I � Cedar •-• - IN Valley cdical ;1 1 Current entrance sign. Page 81 of 545 Site Plan Amendment — 4140 Kimball Avenue Looking north toward the existing building. Looking west from Kimball Avenue Page 82 of 545 .i s ar I m 4 Looking northwest from the driveway toward the Farmers State Bank Building. Looking east across Kimball toward a residence. Page 83 of 545 11 i I � Cedar •-• - IN Valley cdical ;1 1 Current entrance sign. Page 84 of 545 Legal Description TOWER PARK NO 3 LOT 1 Page 85 of 545 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as September 21, 2020, for the sale and conveyance of city owned property located north of 3488 Wagner Road, to Steege Investments, LLC, including a development agreement and minimum assessment agreement, for the development of a 12,000 square-foot building, and instruct the City Clerk to publish notice. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Agreement Backup Material Resolution setting date of public hearing as September 21. 2020, for the sale and conveyance of city owned property located north of 3488 Wagner SUBJECT: Road, to Steege Investments, LLC, including a development agreement and minimum assessment agreement, for the development of a 12,000 square- foot building and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval The City has owned this land since 2016 and platted the area into 6 lots. This will be the 4th lot to be sold for development in the area. Steege Investments Summary Statement: LLC will be constructing a 12,000 square-foot building along Wagner Road. The project will have a minimum assessed value of$500,000 Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of Property Legal Descriptions: Lot 6, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 86 of 545 Preparer: Christopher S.Wendland P.O. Box 596 Waterloo Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development 715 Mulberry Street, Waterloo, !A 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between Steege Investments, LLC. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) Page 87 of 545 restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a new commercial building of no less than 12,000 square feet, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. Company must obtain a building permit and begin construction within four (4) months from the date of this Agreement (the "Project Start Date") and substantially complete construction within twelve (12) months thereafter (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, provided that Company shall indemnify and hold harmless City as set forth in Section 4. 2 Page 88 of 545 If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, riot or civil disturbance, court order, government regulation or directive, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. if City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 8. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 89 of 545 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $500,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have 4 Page 90 of 545 a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. F. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. G. Until termination of the MAA, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 5 Page 91 of 545 B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about 6 Page 92 of 545 the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Additional Improvements; Tax Rebates. The parties contemplate that Company may construct a future expansion of the building referenced in Section 2. Provided that Company enters into a new minimum assessment agreement reasonably acceptable to City with respect to the additional improvements, then Company will be eligible for the property tax rebates provided for in this Section if, within three (3) years after the date of this Agreement, Company completes construction of an addition or new building and related improvements (the "Additional Improvements") that result in the Property being assessed for at least $1,000,000.00. Provided that Company has fulfilled the requirements of this Section, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Five 50% rebate each year for any taxable value exceeding $125,000.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. 7 Page 93 of 545 The taxable value of the Property as a result of the Additional Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of$500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 8 Page 94 of 545 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2601 Easton Avenue, Waverly, Iowa 50677, Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and 9 Page 95 of 545 nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement, IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 Page 96 of 545 CITY OF WATERLOO, IOWA STEEGE INVESTMENTS LLC. By: By: Quentin M. Hart, Mayor G inee e, rrWident Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. G vin eg 11 Page 97 of 545 EXHIBIT "A" Legal Description of Property: Lot 6, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. 13 Page 98 of 545 EXHIBIT `B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of by and among the CITY OF WATERLOO, IOWA ("City"), STEEGE INVESTMENTS, LLC. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $500,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before December 31, 2021. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 15 Page 99 of 545 2031. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA STEEGE INVESTMENTS, LLC. By: By: Quentin M. Hart, Mayor `y�i t� e,Oresident Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2020, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 16 Page 100 of 545 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF 5 Subscribed and sworn to before me on us , 2020, by Gavin Steege as President of Steege Investments, LLC. Notary Public ... Ats CAROL A K4CKER Commission Number 160370 My Commission Expires 17 Page 101 of 545 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Five Hundred Thousand Dollars ($500,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 19 Page 102 of 545 CITY OF WATERLOO Council Communication Motion to receive and place on file the 2019 Audit of the Waterloo Water Works. City Council Meeting: 9/8/2020 Prepared: 8/31/2020 ATTACHMENTS: Description Type 0 2019 Audit Report Backup Material SUBJECT: Motion to receive and place on file the 2019 Audit of the Waterloo Water Works. Submitted by: Submitted By: Chad Coon, General Manager, Waterloo Water Works Recommended Action: Motion to receive and place on file the 2019 Audit of the Waterloo Water Works. Summary Statement: The 2019 Audit of the Waterloo Water Works was received and filed by the Water Works Board of Trustees at their regular meeting of August 19, 2020. Expenditure Required: No city funds are required for this action. Source of Funds: Water Works operating funds, generated primarily from water sales. Page 103 of 545 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn the following between September 2020 and December 2020: 15-acres of George Wyth Prairie, between Wyth Lake and main park road;Approximately 2-acres, Prairie/pollinator areas near entrance of George Wyth; Approximately 3-acres, Dike along the main road of the park; 2-acres, Prairie at back of park near the Lodge, Brush pile in Frisbee picnic area 20x20, Brush pile behind park shop 3000. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn the following between September 2020 and December 2020: 15-acres of George Wyth Prairie, between Wyth Lake and SUBJECT: main park road;Approximately 2-acres, Prairie/pollinator areas near entrance of George Wyth;Approximately 3-acres. Dike along the main road of the park; 2-acres, Prairie at back of park near the Lodge, Brush pile in Frisbee picnic area 20x20. Brush pile behind park shop 3000. Submitted by: Submitted By:Pat Treloar, Fire Chief Page 104 of 545 CITY OF WATERLOO Council Communication Motion approving request of Habitat for Humanity for an extension to repair sidewalks at 421 Almond Street, 434 Almond Street, 325 Clay Street, 408 Saxon Street, and 312 Clay Street. City Council Meeting: 9/8/2020 Prepared: 8/28/2020 ATTACHMENTS: Description Type ❑ Habitat request for extension Cover Memo Motion approving request of Habitat for Humanity for an extension to repair SUBJECT: sidewalks at 421 Almond Street, 434 Almond Street, 325 Clav Street, 408 Saxon Street, and 312 Clay Street. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Recommended Action: Approve request for extension. Extension of no later than November 30, 2020 for the FY 2020 Sidewalk Repair Program- Zone 10. Habitat is building new homes at 421 Almond Summary Statement: Street, 434 Almond Street and 325 Clay Street. They are renovating homes at 408 Saxon Street and 312 Clay Street. As soon as construction/renovations are complete, the sidewalks will be repaired. Page 105 of 545 Iowa Heartlandever y Habitat for Humana o one y deserves a decent place to five, "Let us love, not in word or speech, but in truth and action." - 1 John 3:18 August 18, 2020 Waterloo Engineering Department 715 Mulberry St. Waterloo, IA 50703 To Whom It May Concern: Iowa Heartland Habitat for Humanity is currently working on new construction in Zone 10 in the Walnut Neighborhood. We are building new homes at 421 Almond, 434 Almond and 325 Clay Street. We are also doing renovations of 408 Saxon and 312 Clay Street. As soon as construction/renovations are complete, the sidewalks will be repaired. Thank you. Sincerely, Heath Christensen Construction Manager Iowa Heartland Habitat for Humanity Iowa Heartland Habitat for Humandy FQ3 Wt 5tii q-,Mit(:i I.=:.IA 51)70 (3f9)235-9946 Habitat for Humanity ReStore 4107 Hammond Av,�.,Watu u,,IA 5-701 1;319)8E x-3331 We6uiidHabltat.org Page 106 of 545 CITY OF WATERLOO Council Communication Motion approving Change Order No. 4 from Cardinal Construction, of Waterloo, Iowa, for a net increase of $17,734.05, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/8/2020 Prepared: 8/31/2020 ATTACHMENTS: Description Type ❑ Change Order#4 - 5 Sull Bros Penthouse Chiller Backup Material Motion approving Change Order No. 4 from Cardinal Construction, of SUBJECT: Waterloo, Iowa, for a net increase of$17.734.05, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: Addition of a new 1600 amp panel for the new and future chillers. Expenditure Required: $17,734.05 Page 107 of 545 *AI-XDocument G701" — 2017 Change Order PROJECT:(Nance and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:004 Penthouse Chiller for the City of Project No. 19-23141 Waterloo,IA. Date:March 27,2020 Date:August 31,2020 OWNER:(Nance and address) ARCHITECT:(Name and address) CONTRACTOR:(Name-and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,fA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,ttapplicable,attach or reference spect6c exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. CR 03: Cost to add additional bus duct and make modifications to the bits duct to add a new 1600 amp panel board for the new&future chillers.................................................Add $51,468.49 REDUCE SPECIFIED ELECTRICAL PANEL ALLOWNACE FROM$15,000 TO ZERO. REDUCE REMAINING BALANCE OF GENERAL ALLOWANCE FROM$18,734.44 TO ZERO. TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$17,734.05. The original Contract Sum was S 1,114,000.00 The net change by previously authorized Change Orders $ 4,665,94 The Contract Sum prior to this Change Order was $ The Contract Sum will be increased by this Change Order in the amount of $ 17 73 f 05 The new Contract Sum including this Change Order will be $ 1,136,399.99 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 7.2020. NOTE:This Change Order does not include adjustments to the Contrast Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Grou2,Inc. ISG, l Construction,Inc. City of Waterloo ARCHITECT(P. l narne) C CTOR(Firm name) OWNER(Firm name) iGNATU E SI ATURE SIGNATURE Daniel C.Charmer Senior Architect Katy Suson&President Quentin Han_Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE August 31,2020 _ 8131120 DATE DATE DATE AIA document 0701"-2017.Copyright 01979,1987,2000.2001 and 2017 by The American Institute of Architects.Ali rights reserved.The'American institute of Air-hltects, 'Alfa,'the AIA Logo,and'AIA Contract Docurnents'are i'egisrered lyddemark,end may not be used without permission.This document 1 was produced by AIA software at 12:22:41 ST on 08131/2020 under Order No.8114132283 which expires on 0711212021,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AiA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@oio.org. User Notes: (3139ADA39) Page 108 of 545 CITY OF WATERLOO Council Communication Motion approving Change Order No. 4 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of$634.92, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing the Mayor to execute said document. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type Change Order#4 - 5 Sull Bros Exh Hall Ceiling Backup Material Renovation Motion approving Change Order No. 4 from Peters Construction SUBJECT: Corporation, Waterloo. Iowa, for a net increase of$634.92, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizingthe e Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Provide(2) 30" x 30" access doors with flange at either end of Exhibition Hall to allow access to existing piping for the hose bib. Expenditure Required: $ 634.92 Page 109 of 545 , 0-7 OvAIA Document G701 - 2011 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:004 Exhibit Hall Ceiling Renovation, Project No: 19-23t88 Waterloo,IA. Date:May 07,2020 Date:September 1,2020 OWNER:(Name and address) ARCHITECT:(Marne and address) CONTRACTOR: (Nance and address) City of Waterloo I&S Group,Inc.(180) Peters Construction Corporation 715 Mulberry Street 314 East 4th Street 901 Black Hawk Road Waterloo,IA 50703 Waterloo,IA 50703 PO Box 2940 Waterloo IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable, attach or reference specffrc exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) A. CR 06: To provide(2)30°x 30°general purpose access doors with flange at either end of the exhibition hall to allow access to the existing piping for the hose bibb.......................Add $634.92 REDUCE SPECIFIED GENERAL ALLOWANCE rROM$5,274.00 TO$4,639.08, CONTRACT SUM REMAINS UNCHANGED, The original Contract Sum was $ 939,810.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 939,810,00 The Contract Sun will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 939,810.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be September 25,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc. ISG Peters Construction Corporation City Waterloo_ _ ARCHITECT(Firm name) CO TRACTOR(Firm name) OWNER(Firm name) SIGNATURE 91ONATURE SIGNATURE Nathan Compton,Architect/Project Bradley Best,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTEP NAME AND TITLE PRINTED NAME AND TITLE September 1,2020 _ A, DATE DAIV DATE AIA Document 0701'—2017.Copyright©1979,1997,2000,2001 and 2017 by 1ho American Institute of Architects.All rights reserved.The"American Institute of Architects,"`AIA,"the AIA Logo,and"AIA Contract Documents"are registered Iradernorks arid may not he used without psrrnission.This document was produced by AIA software at 15;32:09 ET on 0 910 112 02 0 under Order No.6114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and moy only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@ala.org. User Notes: (3139ADA317) i Page 110 of 545 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 9/8/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 9.8.20 Backup Material SUBJECT: Bonds. Submitted by: Submitted By: Page 111 of 545 BONDS FOR COUNCIL APPROVAL September 8, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900414955 ENVISION CONCRETE & LANDSCAPE CONSTRUCTION LLC WATERLOO, IA 95 BA H822 5 SULEJMAN HADZIC AND BLACK HAWK CONCRETE WORKS WATERLOO, IA Page 112 of 545 CITY OF WATERLOO Council Communication Request by A& T Trucking, LLC, for a Site Plan Amendment to the"M-2, P"Planned Industrial District to allow for the construction of a new 4,350 square-foot trucking facility, located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Staff Report Backup Material ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ Site Plan Backup Material ❑ East and West Building Elevations Backup Material ❑ North and South Building Elevations Backup Material ❑ Pictures Backup Material ❑ Application Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning; Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning SUBJECT: Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by A& T Trucking, LLC, for a Site Plan Amendment to the"M-2, P"Planned Industrial District to allow for the construction of a new 4,350 square-foot trucking facility located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by A& T Trucking LLC for a Site Plan Amendment to the"M-2, P"Planned Industrial District to allow for the Summary Statement: construction of a new 4,350 SF Trucking Facility located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive. Page 113 of 545 Expenditure Required: None Source of Funds: N/A Strategy 1.3: Ensure that development ready sites exist and realistic, Policy Issue: meaningful incentives are defined to attract new business and support existing businesses. Request by A& T Trucking LLC for a Site Plan Amendment to the"M-2, P"Planned Industrial District to allow for the construction of a new 4,350 SF Trucking Facility located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive. The request to construct a new 4,350 SF Trucking Facility would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial developments in the area. The proposed Site Plan Amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Northeast Drive which is classified as a Collector and Martin Luther King Jr. Drive which is a Minor Arterial. The area in question has been zoned "M-2, P"Planned Industrial District since October 9, 1995, when the land was rezoned from"A-1"Agricultural District to allow for industrial development on the site. It will be necessary that a Storm Water Detention Plan and Storm Water Pollution Prevention Plan(SWPPP) are submitted to the Engineering Department for review and approval as part of the building permit approval process. The site plan does denote a drainage easement to the east of the proposed building site. In addition there is a protected wetland to the east as well. Background Information: There are 30' and 60' utility easements to the south of the site that contain 24"and 36" sanitary sewer mains. There is a 16"water main along the north side of Martin Luther King Jr. Drive and a 16"water main along the west side of Northeast Drive. There are also wetland easements on the west side of the property as well. The site plan notes drainage basins, parking lot, protected wetlands, setbacks, water lines, sewer lines, lot dimensions, parking surfaces, office location, and road access. The site plan has been updated to address these aforementioned deficiencies and building elevations have been submitted for the proposed building as well. Therefore, staff recommends that the request by A& T Trucking, LLC for a Site Plan Amendment in"M-2, P"Planned Industrial District located south of 2280 Northeast Drive, be approved for the following reasons: 1. The request would not appear to have a negative impact on the Page 114 of 545 surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial Lot 1, Northeast Industrial Park Plat No. 5, Waterloo, Black Hawk County, Legal Descriptions: Iowa, in accordance with the recorded plat thereof, containing 5.05 acres, and subject to easements and restrictions of record. Page 115 of 545 September 7,2020 REQUEST: Request by A& T Trucking LLC for a Site Plan Amendment to the "M-2, P" Planned Industrial District to allow for the construction of a new 4,350 SF Trucking Facility located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive. APPLICANT(S): A& T Trucking LLC, 2528 West 9t" Street, IA 50702 Owner(S): The City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to construct a new 4,350 SF Trucking DESCRIPTION: Facility on property zoned "M-2, P" Planned Industrial District along Martin Luther King Jr. Drive and Northeast Drive. SURROUNDING The request to construct a new 4,350 SF Trucking Facility would LAND USES AND not appear to have a negative impact upon the surrounding area IMPACT ON as it would appear to be compatible with other industrial NEIGHBORHOOD: developments in the area. VEHICULAR & The proposed Site Plan Amendment would not appear to have a PEDESTRIAN negative impact upon vehicular or pedestrian traffic conditions in TRAFFIC the area. The site is served by Northeast Drive which is classified CONDITIONS: as a Collector and Martin Luther King Jr. Drive which is a Minor Arterial. RELATIONSHIP TO The site is served by the Martin Luther King Jr. Trail along the RECREATIONAL North side of Martin Luther King Jr. Road and Bishop Avenue Trail TRAIL PLAN AND to the west along the east side of Northeast Drive. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "M-2, P" Planned Industrial FOR SITE AND District since October 9, 1995, when the land was rezoned from IMMEDIATE VICINITY: "A-1" Agricultural District to allow for industrial development on the site. Surrounding land uses and their zoning designations are as follows: North — Industrial Businesses, zoned "M-2,P" Planned Industrial District. South Vacant land, zoned "M-2,P" Planned Industrial District. East — Vacant land, zoned "M-2,P" Planned Industrial District. West — Vacant land, zoned "M-2,P" Planned Industrial District BUFFERS/ No buffers are needed regarding this request. The applicant will SCREENING/ need to submit and execute a landscaping plan for the site during LANDSCAPING the building permit approval process. REQUIRED: DRAINAGE: It will be necessary that a Storm Water Detention Plan and Storm Water Pollution Prevention Plan (SWPPP) are submitted to the Engineering Department for review and approval as part of the building permit approval process. The site plan does denote a drainage easement to the east of the proposed building site. In Page 1 of Page 116 of 545 June 3,2020 addition there is a protected wetland to the east as well DEVELOPMENT The surrounding area is mostly vacant land to south, east, and HISTORY: west. The industrial areas to the north were built during the 1990's and 2000's. FLOODPLAIN: The land is classified as Zone X, and is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0193F, dated July 18, 2011. PUBLIC /OPEN The nearest schools are Highland Elementary 1.2 miles to the SPACES/ SCHOOLS: southwest, George Washington Carver Academy is located 2.2 miles to the northwest, Expo Alternative High School is located 1 mile to the southwest, and East High School is located 1.6 miles to the southwest. Springview Park is located 0.5 miles to the west of the proposed plat. UTILITIES: WATER, There are 30' and 60' utility easements to the south of the site that SANITARY SEWER, contain 24" and 36" sanitary sewer mains. There is a 16" water STORM SEWER, ETC. main along the north side of Martin Luther King Jr. Drive and a 16" water main along the west side of Northeast Drive. There are also wetland easements on the west side of the property as well. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. The COMPREHENSIVE request would be in conformance with the Comprehensive Plan LAND USE PLAN: and Future Land Use Map for this Area. STAFF ANALYSIS — The applicant is requesting to construct a new 4,350 SF Trucking ZONING Facility. The area in question is zoned "M-2,P" Planned Industrial ORDINANCE: District and is intended to permit the establishment of industrial parks and to provide for the orderly planned growth of industries on large tracks of land, allowing greater flexibility and diversification of land uses and building locations. The Zoning Ordinance requires 1 space for every 250 SF of finished office area. The finished office area is 450 SF. This will require 2 parking spaces. In addition the applicant will also have to provide one parking space for every two persons employed at their facility for their maximum shift, which is anticipated to be 6 employees. The applicant denotes 5 parking spaces in the parking lot and meets the parking requirements. The site plan notes drainage basins, parking lot, protected wetlands, setbacks, water lines, sewer lines, lot dimensions, parking surfaces, office location, and road access. STAFF ANALYSIS — No separate platting application will be required as part of this SUBDIVISION request. ORDINANCE: TECHNICAL REVIEW The Technical Review Committee noted the site plan will need to COMMITTEE updated to show hard surface parking for the freight trucks. Engineering noted: Keynote 2 needs to be updated to reflect that Page 2 of Page 117 of 545 June 3,2020 the curb needs to be cut off or replaced; Keynote 4 needs the sidewalk thickness to be updated to match driveway thickness; Keynote 5 sidewalk on the site plan should be noted as Keynote 4; and the applicant needs to update the title pages so that they match up with sheet one. Building elevations still need to be submitted as well. The site plan has been updated to address these aforementioned deficiencies and building elevations have been submitted for the proposed building as well. The Planning and Zoning Commission unanimously approved the request at their regular meeting on June 2, 2020. STAFF Therefore, staff recommends that the request by A& T Trucking, RECOMMENDATION: LLC for a Site Plan Amendment in "M-2, P" Planned Industrial District located south of 2280 Northeast Drive, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial. Page 3 of Page 118 of 545 City of Waterloo City Council September 7, 2020 1 cGs N� A-1 I C-1 INEWELL ST - A-1 o M-1 c� M-2,P V ML KING JR DR M.L-1 NoR a g R-3 L DELL-DR C-2 C-1 DAON -in A-1 WAVE C_1 C-1 ASIDE AVE TON_AVEA_1 A-1 m W O W C_2 .W AVE W R-2 n Y A-1 co co 'ICAVE, o/R rOBAAVE — ROCKYRD p N South of 228o Northeast Drive w E Site Plan Amendment s A&T Trucking 1,000 500 0 1,000 Feet Page 119 of 545 City of Waterloo City Council September 7, 2020 2280 Northeast Drive Location of Site Plan Amendment r`: T t p r fk i x iR�n� N South of 228o Northeast Drive w E Site Plan Amendment s A&T Trucking Page 120 of 545 ZONING REQUIREMENTS PROJAC THE SUB-CONTRACTOR SHALL PROVIDE TRAFFIC EXISTING ZONING: M-2, P(PLANNED INDUSTRIAL) CONTROL PER IDOT STANDARD ROAD PLAN TC-202 PROPOSED ZONING: NO CHANGE STANDARD LE G E N D AND NOTES AND CITY OF WATERLOO REQUIREMENTS AT ALL BUILDING SETBACK LINES SHALL BE DETERMINED SITE PLAN TIMES DURING WORK WITHIN PUBLIC R.O.W. THROUGH PLAN REVIEW PER CITY ZONING - PROPERTY &/or BOUNDARY LINES 10W � EXISTING RIGHT-OF-WAY LINES ORDINANCE, CHAPTER 21,SECTION 10-21-1.C.2 — — - CONGRESSIONAL SECTION LINES 0 ------------- - RIGHT-OF-WAY LINES UTILITIES THE SUB-CONTRACTOR SHALL COORDINATE WITH --- - --- THE CONTRACTOR SHALL NOTIFY IOWA - CENTER LINES ONE CALL AT 811 OR 800/292-8989 4) N L CALLSM UTILITY PROVIDERS FOR ANY REQUIRED LEGAL DESCRIPTION - EXISTING CENTER LINES NO LESS THAN 48 HRS. IN ADVANCE RELOCATION OF EXISTING UTILITIES. - LOT LINES, INTERNAL OF ANY DIGGING OR EXCAVATION. LOT LINES, PLATTED OR BY DEED — — — — — — — — - PROPOSED EASEMENT LINES WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS OR ENCOUNTERED WITHIN EXISTING EASEMENT LINES THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE ., - BENCHMARK OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR LOT 1 N 0 RT H E AS T INDUSTRIAL PARK PLAT N 0 ■ _ - RECORDED DIMENSIONS SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. PROPOSAL 22-1 - CURVE SEGMENT NUMBER UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE -EXIST- -PROP- SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE APPLICANT PLANS TO DEVELOP A 5.05 ACRE LOT TO CONTAIN AN ' $ $ - POWER POLE ONLY. IT IS POSSIBLE THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN INDUSTRIAL WAREHOUSE/OFFICE BUILDING AND PARKING SPACE FOR - POWER POLE W/DROP OR SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT TRACTOR TRAILERS AND TRUCKS. $ - POWER POLE W/TRANS LOCATION AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL BE WATERLOO , BLACK HAWK COUNTY, IOWA � � - POWER POLE W/LIGHT ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. APPLICANT PLANS TO BEGIN CONSTRUCTION IN JUNE 2020, LASTING THRU =(�D= =0= - GUY POLE NOVEMBER 2020. 0 - LIGHT POLE PREPARED BY: APPLICANT: O - SANITARY MANHOLE *SEE ARCHITECTURAL PLANS FOR COVENANTS KEYNES MMS CONSULTANTS INC. A & T TRUCKING LLC. �So 11 4Y - FIRE HYDRANT 1917 S. GILBERT STREET 2528 WEST 9TH STREET O - WATER VALVE NUMBER KEYNOTE DETAIL OO - DRAINAGE MANHOLE I hereby certify that this engineering docuo. was prepared by DEVELOPMENT Cf1ARACTERISTICS LOT 1 : IOWA CITY, IOWA 52240 WATERLOO, IOWA 50702 - CURB INLET me or under my direct supervision and a am a duly licensed o INSTALL DRIVE AND PARKING (SEE PAVING LEGEND —X—X- - FENCE LINE Professional Engineer under the la f_ h State of Iowa. 1O ( - EXISTING SANITARY SEWER CIVIL ENGINEERS ZONING: M-2, P TABLE THIS SHEET FOR THICKNESS AND MATERIAL) (( - PROPOSED SANITARY SEWER ���v�A?'A oV- SIIS�ON��XXX//Xj�� LOT CHARACTERISTICS 2 GRIND EXISTING CURB; INSTALL TYPE 'B' CONCRETE EXISTING STORM SEWER Q�° """q� i LAND PLANNERS O PAVING HATCH LEGEND - PROPOSED STORM SEWER DRIVEWAY PER SUDAS DETAIL 7030.102 SHEET INDEX 20 LOT AREA 219,930 SF (100%) W - WATER LINES BENJAMIN �' 1 - SITE LAYOUT AND DIMENSION PLAN E - ELECTRICAL LINES `W T. =z_ BENJAMIN T. MIT P.E. Iowa Lic. No. 23397 LAND SURVEYORS BUILDING AREA(BA) 4,350 SF (2.0%) 2 - SITE EROSION CONTROL AND SWPPP PLAN MATERIAL USE LANDSCAPE ARCHITECTS O INSTALL EDGE OF PAVEMENT NO CURB AND GUTTER T - TELEPHONE LINES -U MITCHELL =�_ PAVING AREA - PARKING(PA) 106,196 SF (48.3%) G - GAS LINES =J _ I' ser ewa d e ' D e er 31, 20 ENVIRONMENTAL SPECIALISTS 3 - GRADING PLAN _ _ 23397 GREEN SPACE AREA 109,384 SF (49.7%) - ' - - - - - CONTOUR LINES (1' INTERVAL) INSTALL 7" P.C.C. ON 4" ROCK BASE SIDEWALK PER - O CITY OF WATERLOO MUNICIPAL DESIGN STANDARDS 4 - UTILITY PLAN :17" PCC PAVING ON - PROPOSED GROUND o ''',,, REQUIRED BUILDING SETBACKS M-2. P 5 - GENERAL NOTES AND DETAILS 4" ROCK BASE (3,678 SY) - EXISTING TREE LINE iiigj�///////�OWIA11\ \°\ 1917 S. GILBERT ST. NEWELL ROAD 25 FEET O 6' WIDE, 8" THICK CONCRETE PAN a es or sheets covered by this seal: IOWA CITY, IOWA 52240 FRONT YARD 25 FEET ( ) 12" THICK GRAVEL 8,484 SY c� - EXISTING DECIDUOUS TREE & SHRUB (319)351-8282 SIDE YARD 10 FEET O 6' WIDE CHANNEL WITH TYPE A REVETMENT STONE BID ALTERNATE: INSTALL - EXISTING EVERGREEN TREES & SHRUBS www.mmsconsultants.net REAR YARD 25 FEET GEOTECHNICAL FABRIC UNDER MAXIMUM BUILDING HEIGHT 5 STORIES GRAVEL OR 50 FEET SEAL THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH NOTE: THESE QUANTITIES TAKE INTO ACCOUNT ALL ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE AREAS SHOWN ON THIS PLAN SET (INCLUDING WORK APPROVAL OF THIS DOCUMENT. WITHIN RIGHT OF WAYS AND ON ADJACENT PROPERTIES) � wv `1' �16W wv --- - - __ --- -- - - Date Revision —16W��� 16\N 6/18/2020 CITY COMMENTS 16W D — —-------------�� wv D � - wJRD 0 � D 0 - 0 3 15 30 - - - - - _ - _ - - _ - _ _ - w GRAPHIC SCALE IN FEET - - r - / _�- - - - _ _ - - - _ _ - - - - - _ - - _ - - -- - - - - - - �- - - - - - - - - - - - - - - - - - - - - - - - - - - a/// / - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - / '� - - - - - - - - - - _ _ _ - - _ _ _ - - - - - - - - - _ _ - - - - - - - - _ - 341:96' - - - - - - - - - - - - - - - - - - -, - - - - - ��/' - - - _ - - - - - _ - - - - - - - I - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -S84'513-.7"V�_ - - - - - - - - - - �E E - , - - - - - - - - - - - / �/ W ue ue----uE ue ue - - - - - - - - - - - - - - - - - - - -- - - -- -- - - - _UE-1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ - - _ _ - - - - - - - - 3 - - - - - - - - \ - - _ -- - - - - - - - - - _ - - - - - - - _ - II I i I / � � � ® N- •- �_ � __� � �' � V� V��V� V�n� � uV� OVA fV� _ - - - - - �- _ _ - � I w O / Ln I SITE LAYOUT w / IIi1 w p \ 5 w 160.41' \ 4 \ O - 30.00 P \ QXS o0 519.79' I � � � � l �O• I A ` V / I I I I \ o � 42.00' _ �J ✓ ' p0 i A 00 O NISI \ � rn o cn / z � A , C / 60.00` - - � � / 6.d0 I/Z - - - - - - - - �� 4 R15. - - - - - , 51985' v I I 00' 160.41' I Ln v v w - - - ��� - - - - - - - - - - CL) �'/ `I - - - - - - - - - - - - - - - - w�I �II 2 o O 1 A & T TRUCKING O II �� - - - - - - w '- - - - x I III III � �� - - - - - - - - - - - - ! lI'I WATERLOO O sCD II BLACK HAWK COUNTY E- IOWA O \ 00 _ - - - - - - - - - - - - - - 1 I III I I I I \ P w - - - - - - - - - - 1 ` 1 \ \ \ N W \ N Cn U N I I I \ I I I a�° I 1 I I I I \ I I I I - WS S WS WS-WS-__ O - -WS V� NS - c do°o aV.-T'54o°o a dab a \\ S W - - vp°a°a09„°fl OvOO°vap9°a0 O 9°pa°va°flvQ �9° I I I I \ I IIII v 375.6 MMS CONSULTANTS, INC. I \ ,' � - - - - - - - _ � I ' // / // 1 � - - - - � � 1 I 1 I I I �II Date: APRIL 23, 2020 740.39' ' // II De5lgned by: Field Book No: \ / S88`55'00"W I u BTM w \ / - - - - - - - _ _ _ Drawn by: Scale: BTM 1"=30' A & T TRUCKING \ J _ - - - - - - - - - - - _ - - - - - - , \ \ - - Gheckedby: Sheet No: - BTM Project No: 10964-001 of: 5 Page 121 of 545 PROJAC INSTALLATION MAINTENANCE STANDARD LEGEND AND NOTES 1. POSTS SHALL BE 1.33 POUNDS PER LINEAL FOOT STEEL WITH 1. SILT FENCES SHALL BE INSPECTED WEEKLY AND AFTER EACH - PROPERTY &/or BOUNDARY LINES A MINIMUM LENGTH OF 5 FEET. STEEL POSTS SHALL HAVE RAIN- FALL EVENT OF 0.5 INCHES OR MORE. DURING — — - CONGRESSIONAL SECTION LINES SILT FENCE DETAIL PROJECTIONS FOR FASTENING WIRE TO THEM. PERIODS OF PROLONGED RAIN INSPECTIONS SHALL BE - RIGHT-OF-WAY IGEXITINGFRIGHT- INE WAY LINES N.T.S. 2. SILT FENCE FABRIC SHALL CONFORM TO I.D.O.T. STANDARD AT LEAST DAILY. ANY REPAIRS NEEDED TO MAINTAIN — SPECIFICATION SECTION 4196.01.A. SILT FENCING SHALL BE A THE SILT FENCE'S EFFECTIVENESS SHALL BE MADE - CENTER LINES IMMEDIATELY. - EXISTING CENTER LINES COMPACTED NATIVE STEEL POST MINIMUM OF 24" AND A MAXIMUM OF 36" HIGH WHEN - LOT LINES, INTERNAL SOIL BACKFILL ; ;�; COMPLETE. 2. SHOULD THE FABRIC ON A SILT FENCE DECOMPOSE OR - LOT LINES, PLATTED OR BY DEED 3. THE FILTER FABRIC SHALL BE PURCHASED IN A CONTINUOUS BECOME INEFFECTIVE PRIOR TO STABILIZING THE — — — — — — — — - PROPOSED EASEMENT LINES / Project No: FILTER FABRIC ; ; , ROLL CUT TO THE LENGTH OF THE FENCE TO AVOID THE USE UPSLOPE AREAS THE FABRIC SHALL BE REPLACED ----------------- - EXISTING EASEMENT LINES OF JOINTS. WHEN JOINTS ARE NECESSARY, THE FILTER CLOTH PROMPTLY. Or - BENCHMARK 4" ; ;' SHALL BE SPLICED TOGETHER ONLY AT A SUPPORT POST, 3. SEDIMENT DEPOSITS SHOULD BE REMOVED AFTER EACH (R) - RECORDED DIMENSIONS WITH A MINIMUM 6" OVERLAP, AND SECURELY SEALED. STORM EVENT. THEY MUST BE REMOVED WHEN THE 22-1 - CURVE SEGMENT NUMBER 4. POSTS SHALL BE SPACED A MAXIMUM OF 8 FEET APART DEPOSITS REACH APPROXIMATELY ONE-HALF THE -EXIST- _PROP- _ AND DRIVEN SECURELY INTO THE GROUND ALONG THE FENCE HEIGHT OF THE FENCE. SILTS REMOVED SHALL BE PLACED $ - POWER POLE IN A PROTECTED PLACE THAT WILL PREVENT THEIR ESCAPE -I I I—III—III�21I I ' ',' I I—III_ ALIGNMENT. POSTS SHALL BE DRIVEN INTO THE GROUND A $ - POWER POLE W/DROP MINIMUM OF 28 FROM THE CONSTRUCTION SITE. - POWER POLE W/TRANS 4. ANY SEDIMENT DEPOSITS REMAINING IN PLACE AFTER THE 5. A TRENCH SHALL BE EXCAVATED APPROXIMATELY 4" WIDE - POWER POLE W/LIGHT SILT FENCE IS NO LONGER NEEDED SHALL BE DRESSED - GUY POLE BY 12" DEEP ALONG THE UPSLOPE SIDE OF THE POSTS. TO CONFORM WITH THE EXISTING GRADE, PREPARED AND # - LIGHT POLE 6. FILTER FABRIC SHALL BE STAPLED OR WIRED TO THE POSTS SEEDED. SUCH THAT THE FABRIC EXTENDS INTO THE TRENCH AS 5. SILT FENCE SHALL REMAIN IN PLACE UNTIL IT IS NO LONGER OO f - SANITARY MANHOLE UNDISTURBED OR SHOWN ABOVE. THE FABRIC SHALL BE FASTENED A T - FIRE HYDRANT COMPACTED SOIL NEEDED AS DIRECTED BY THE POLLUTION PREVENTION �So MINIMUM OF THREE PLACES ON EACH POST. PLAN. GENERALLY SILT FENCES SHALL REMAIN UNTIL THE O g - WATER VALVE 7. THE TRENCH SHALL BE BACK FILLED WITH EXCAVATED UPSLOPE AREAS ARE STABILIZED WITH AN ESTABLISHED OO OO - DRAINAGE MANHOLE MATERIAL AND THOROUGHLY COMPACTED. GRASS COVER AS A MINIMUM. � ❑ - CURB INLET SHEET INDEX CIVIL ENGINEERS X X - FENCE LINE ( -- EXISTING PROPOSED SANITASEWER RY SEWER 1 - SITE LAYOUT AND DIMENSION PLAN V _ LAND PLANNERS - EXISTING STORM SEWER 2 - SITE EROSION CONTROL AND SWPPP PLAN LAND SURVEYORS �< - PROPOSED STORM SEWER 3 - GRADING PLAN EROSION CONTROL LEGEND W - WATER LINES 4 - UTILITY PLAN E - ELECTRICAL LINES LANDSCAPE ARCHITECTS GRADING AND EROSION CONTROL NOTES STABILIZATION SEEDING G - TELEPHONE LINES 5- GENERAL NOTES AND DETAILS � ENVIRONMENTAL SPECIALISTS G - GAS LINES ■����������� SILT FENCE ■■■ ■■■ PERIMETER SILT FENCE - - - - - - - - - - - - - - CONTOUR LINES (1' INTERVAL) FILTER SOCK EROSION CONTROL MATTING - PROPOSED GROUND 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 TOTAL SITE AREA: 5.05 ACRES STABILIZATION SEEDING SHALL BE IN ACCORDANCE WITH I.D.O.T. STANDARD - EXISTING TREE LINE 0 3 15 30 (319) 351-8282 TOTAL AREA TO BE DISTURBED: 3.99 ACRES SPECIFICATION SECTION 2601.03 STABILIZING CROP SEEDING AND FERTILIZING. GRAPHIC SCALE IN FEET TEMPORARY ROCK CONSTRUCTION ENTRANCE/EXIT SA TEMPORARY SOIL STOCKPILE AREA �� - EXISTING DECIDUOUS TREE & SHRUB :: www.mmsconsultants.net O PER DETAIL 9040.120 SHEET 9 THIS SET EROSION CONTROL MEASURES SHOWN SHALL BE USED DURING FILL SEED MIXTURES SHALL BE ONE OF THE FOLLOWING: ° 1 =30 D ACTIVITIES. EROSION CONTROL MEASURES SHALL BE REEVALUATED AND - EXISTING EVERGREEN TREES & SHRUBS TEMPORARY PARKING AND STORAGE DIRECTION OF OVERLAND FLOW MODIFIED, IF NECESSARY, AT THE TIME OF SITE DEVELOPMENT. SPRING- MARCH 1 TO MAY 20 OAT 2 BUSHEL PER ACRE CW CONCRETE TRUCK/EQUIPMENT WASHOUT ADDITIONAL EROSION AND SEDIMENT CONTROL MEASURES THAT COULD GRAIN RYE 25 LBS. PER ACRE THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES p DUMPSTER FOR CONSTRUCTION WASTE BE USED ON SITE, IF NEEDED, CAN BE FOUND IN APPENDIX D OF THE RED CLOVER 5 LBS. PER ACRE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) BINDER PREPARED TIMOTHY 5 LBS. PER ACRE SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH PR PORTABLE RESTROOM RIP RAP OUTLET PROTECTION FOR THE SITE. IF ADDITIONAL MEASURES ARE USED, INDICATE THE ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE ODL DOCUMENT LOCATION (PERMITS, SWPPP, INSPECTION FORMS, ETC.) Ills. (PER DETAIL, THIS SHEET) TYPE AND LOCATION OF SAID MEASURE ON THIS PLAN. SUMMER - MAY 21 TO JULY 20 APPROVAL OF THIS DOCUMENT. 01 OTHER MEASURE:______________ CONTRACTOR SHALL INSTALL A ROCK ENTRANCE AND PERFORM OAT 3 BUSHEL PER ACRE O REGULAR CLEANING OF VEHICLES THAT LEAVE THE SITE. GRAIN RYE 35 LBS PER ACRE FILTER SOCK INLET PROTECTION 02 OTHER MEASURE:--____________ RED CLOVER 5 LBS PER ACRE Date Revi5lon FOLLOWING INSTALLATION OF PERIMETER SILT FENCE AND TEMPORARY TIMOTHY 5 LBS PER ACRE O FILTER SOCK BEHIND CURB AT CURB RAMP 03 OTHER MEASURE:--____________ CONSTRUCTION ENTRANCE THE CONTRACTOR SHALL CONTACT THE CITY FALL - JULY 21 TO SEPTEMBER 30 6/18/2020 CITY COMMENTS INSPECTOR TO SCHEDULE A SITE INSPECTION PRIOR TO ANY SOIL OAT 2 BUSHEL PER ACRE THE ABOVE LISTED ITEMS ARE SHOWN IN THEIR RECOMMENDED LOCATIONS. IF A CONTROL MEASURE IS ADDED OR MOVED TO A MORE DISTURBING ACTIVITIES. GRAIN RYE 35 LBS PER ACRE SUITABLE LOCATION, INDICATE THE REVISION ON THIS SHEET. THE BLANKS LEFT FOR OTHER MEASURES SHOULD BE USED IF AN ITEM NOT THE CONTRACTOR SHALL FOLLOW THE NPDES PERMIT, SWPPP, AND THE RED CLOVER 5 LBS PER ACRE SHOWN ABOVE IS IMPLEMENTED ON SITE, ADDITIONAL PRACTICES FOR EROSION PREVENTION AND SEDIMENT CONTROL CAN BE FOUND IN CITY CSR REGULATIONS. TIMOTHY 5 LBS PER ACRE APPENDIX D OF THE SWPPP. THE EROSION CONTROL CONTRACTOR SHALL INSTALL FILTER SOCKS OR OTHER APPROVED FORM OF INLET PROTECTION AT EACH STREET INTAKE FERTILIZER SHALL BE APPLIED AT A RATE OF 450 LBS PER ACRE ADJACENT TO THE SITE. USING CHEMICALLY COMBINED COMMERCIAL 13-13-13 FERTILIZER. - - I of _ - _ _ _ - _ - - - - 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - - - - - - - - - - - - 34r.9� - - - - - - - - - - - - - - - - - , -1- - / - _ _ - - - - - - - - - - - - - - _ - - - - - - -- - - - - - - - - - - S84°5137 ,' ' , - - _ - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - ■■■�■,r■�■■f�■■■���r ' ,' i - _ - - - - - - I111 ■■��L■Jai■a�f7���ui■1r�■■■ -J■■�■■■�■■■�■■■�(/ —UE / ■ — - - - - - - - - - - - - - -- _ — — i - - - O \ 5 5. 5 5 5 _ 5 ®—� 0� _�� —�— I - _ _ _ v v EROSION C:Z:q , — : X/ ' - v v - - _ v v / I I�I ' P v - - _ _ CONTROL AND SWPPP v S K V A - I ._ v ` 0 1 3.107.1 \ V i I \ v �ov 1 X aha. h vI 2i \ \ C o \ ' \ D p � / \ 00 . N \ \ \ \ I I 1 Z I \ \ \ I I I = / / I I I I - - - - f >< 1 � I 14.36% v v / v 1 � / v (\' I, I - - - - - - - - - - - - - 'vv I11 - - - - - - - - A & TTRUCKING W �� �� �, o - - - - - - - - - - - - - - - - - - - - - . q - - - - - - - ' VIII � - - - - - _ - - - - - - - - - - - - - - - - - - xQ �I WATERLOO BLACK HAWK COUNTY 1 / I I I I III I IOWA � O O - - -� - _ - _ - _ - - - - - - - - - ' ' O \ \ �� O SA - - - - - - - - - , I I I I I v .a \ \ �r � �N , I I v v •c� o \\ \ N �d 0 - / sg \ v �I ws — ws w5 WS _ — \ WF. WS WS WS - - - - - _ - - - - .��a•• a • ••��d9 9�a ••� a / I \ F] WS S \ p .'da a 9� afl as a • afl.'da a•9 a9.'da a•fl •a \ I I I I fl•• 9 • D•• D.• D • 9 • • d • 9 • • d / I I I \ \ I \ In MMS CONSULTANTS, INC. - - - - •`� - - - ' ' Date: APRIL 23 2020 - - - - - - - �'' - - _ iiiii" a's - - - - \ - - - -0� '' y i Designed by: Field Book No: \ � 740.39 . ' � I BTM moll \ / v • S88'55'00"W ' /' ' / / / I � I � I VIII - ■■■ ■■■�r■r�■■■�■■■�■■■�■■■�■■■�■■■�■■■� Drawn by: Scale: BTM Checked by: Sheet No: •■�man�son�■■■�■■■�■■■�■■■� - - _ BTM I ' 10964-001 of: 5 Page 122 of 545 THE SUB-CONTRACTOR SHALL PROVIDE TRAFFIC PROJAC CONTROL PER IDOT STANDARD ROAD PLAN TC-202 STANDARD LEGEND AND NOTES AND CITY OF WATERLOO REQUIREMENTS AT ALL — PROPERTY &/or BOUNDARY LINES TIMES DURING WORK WITHIN PUBLIC R.O.W. _ _ - CONGRESSIONAL SECTION LINES @10WAM ------------- - RIGHT-OF-WAY LINES UTILITIES - EXISTING RIGHT-OF-WAY LINES , ONL CM THE SUB-CONTRACTOR SHALL COORDINATE WITH _ THE CONTRACTOR SHALL NOTIFY IOWA - CENTER LINES ONE CALL AT 811 OR 800 292-8989 UTILITY PROVIDERS FOR ANY REQUIRED - EXISTING CENTER LINES NO LESS THAN 48 HRS. IN ADVANCE RELOCATION OF EXISTING UTILITIES. — LOT LINES, INTERNAL OF ANY DIGGING OR EXCAVATION. - LOT LINES, PLATTED OR BY DEED — — — — — — — — - PROPOSED EASEMENT LINES WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS OR ENCOUNTERED WITHIN - EXISTING EASEMENT LINES THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE ON - BENCHMARK OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR (R) - RECORDED DIMENSIONS SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. 22-1 - CURVE SEGMENT NUMBER UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE -EXIST- -PROP- SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE O $ - POWER POLE ONLY. IT IS POSSIBLE THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN $ - POWER POLE W/DROP OR SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT - POWER POLE W/TRANS LOCATION AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL BE - POWER POLE W/LIGHT ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. c - GUY POLE �x - LIGHT POLE OO f - SANITARY MANHOLE IX - FIRE HYDRANT - WATER VALVE O O - DRAINAGE MANHOLE 11111111 ❑ - CURB INLET X X - FENCE LINE SHEET INDEX ( - EXISTING SANITARY SEWER 1 - SITE LAYOUT AND DIMENSION PLANCIVIL ENGINEERS - PROPOSED SANITARY SEWER 2 - SITE EROSION CONTROL AND SWPPP PLAN n� - EXISTING STORM SEWER LAND PLANNERS �< - PROPOSED STORM SEWER 3 - GRADING PLAN W - WATER LINES 4 - UTILITY PLAN LAND SURVEYORS E - ELECTRICAL LINES T - TELEPHONE LINES 5- GENERAL NOTES AND DETAILS G - GAS LINES LANDSCAPE ARCHITECTS - - - - - - - - - - - - - - CONTOUR LINES (1' INTERVAL) ENVIRONMENTAL SPECIALISTS - PROPOSED GROUND - EXISTING TREE LINE 0 3 15 30 1917 S. GILBERT ST. EXISTING DECIDUOUS TREE & SHRUB GRAPHIC SCALE IN FEET IOWA CITY, IOWA 52240 1"=30' (319)351-8282 - EXISTING EVERGREEN TREES & SHRUBS www.mmsconsultants.net D wv THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES _j SHALL SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH Wv 16W— ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. Wv R�ES ^� • - ' ----- Date Revision JRO 6/18/2020 CITY COMMENTS , D D , 0 'z - _ - - - - _ - - - - - - e c - - - - - - / _ _ _ -- - - - - - - -- - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - 01 - - - - - - - - - - - - - - - - - - - _ - I I I - - - - - - - - - - - - - - - - " - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � - - - -- ----- --- - -- ------------------------- _---------------- _ 7 41-.9 / - - /-/-- - --- -/- - - - - - `51'37'W- _S84 - - - - - - - - - - - - -- ---_ _ - - - - -- - - - - - - - - - - - - - / _ -- - - - - - - _ - - O - - - - - - - - - _ - - - - - - - - - - UE UF_ uE UE ue — - - - _ _ — — — — — — _ - - - - - - UE _ — I l I - - — — — — — — — - - - - - _ _ - - - - - - - - - - - - - Qo - ` \ 8.91 - - - _ _ _ -- - _ - - --- - - -- - - - - - - - - - - - - - - - - - - - - - / / _ - - - - - _- - - - - - - - -- --- - - - - - - - - - - \ - W- -,` -�_' �v-\--'-v,\-//V-/\'/-\ f-\'\-d•a:/vfl98/•�8�9�a.•'2°9�.��T�./8Sv•8 I:I 1.5 8f.••5..v 30cP�\1% 0.80% 4TS1S% .5 vaT�S'II I o�av'a�•/���.r�\o', 'd//�vI I./a•/fl\a�9v�fl�/908•�d�9i2•v/9�.•��2d0 0 0T0a9S 8��/�8/ .4�/0II T/�/S 894.03TS I `2 5TW milm .891.89TW 14TS v/ A I \<� I I III II I I I iSI IIII I III,I I I I. III\ I III II�IIIIIIIII�I II'IvI lIIIIl( �IIIi �I IIl I\IIIIIlIiII II I vIi Il II IlII 'v v v GRA DIN G P L A N 3.1076 I 893.06TS 890.26T891:67TW p7.00% 93.74TS 88840TS 00893.20 4.36 0Z 890.97TW \ 00 1 00 m \ 00 889.92TW 00 QO 892.57TSoo 893.74 S 4.36% 88852TS - - - cc)W 889.07TW 6.99% 4.05% - - - - - - - - 89 IIII 00 TS889.22TW 12 - - - A _ _ - - A & T TRUCKING ju 888.73TW 'n 0 00 o � 0 WATERLOO O 1.50% FD CCO4 BLACK HAWK COUNTY IOWA ws ws F7 F-1 889.92TS � WWS S WS —WS ws - W� WS °o 890.38TS 889.90TS 891.06TS L888.62TS II II 0D� t ,0.80% 740.39' I III MMS CONSULTANTS, INC .S88'55'00 W - Date:89z.3oTs - - - - APRIL 23 2020 - - - - - - -8-83 Designed by: Field Book No: Drawn by: BTM Scale: -(aw+ BTM Checked by: BTM Sheet No: J Pro ect No: 3 10964-001 of: 5 Page 123 of 545 THE SUB-CONTRACTOR SHALL PROVIDE TRAFFIC PROJAC CONTROL PER IDOT STANDARD ROAD PLAN TC-202 AND CITY OF WATERLOO REQUIREMENTS AT ALL TIMES DURING WORK WITHIN PUBLIC R.O.W. UTILITIESTHE SUB-CONTRACTOR SHALL COORDINATE WITH THE CONTRACTOR SHALL NOTIFY IOWA@10WAM ONL CALLSM UTILITY PROVIDERS FOR ANY REQUIRED ONE CALL AT 811 OR 800/292-8986 NO LESS THAN 48 HRS. IN ADVANCE RELOCATION OF EXISTING UTILITIES. of ANY DIGGING OR EXCAVATION. WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS OR ENCOUNTERED WITHIN THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. IT IS POSSIBLE THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN OR SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT LOCATION AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL BE ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. EDGE OF ___- ---- co O _ — _ — — — — — — — — — _ — _ — — — — — — — — — — — _ -- -- - - - - - ' — _ _ — _ _ - ---------_ —--�- - r-_-- -- - - - - - - / — I — \ ISHEET INDEX � _ _ _ _ - - - - - , 1 - SITE LAYOUT AN D DIMENSION PLAN vi CIVIL ENGINEERS o — — — — — — — - - - - - - --- -- --- _ 2 - SITE EROSION CONTROL AND SWPPPPLAN LAND PLANNERS - - — — - - - - — -— — — — — - GRADING PLAN ue 3 - - — — — — — — — - - - - — — — 4 - UTILITY PLAN LAND SURVEYORS 5- GENERAL NOTES AND DETAILS \ �1 LANDSCAPE ARCHITECTS O _ — _ O r r r r r =I� 4- 3- 2 ENVIRONMENTAL SPECIALISTS r u r �_ r r u _ 0 3 15 30 1917 S. GILBERT ST. GRAPHIC SCALE IN FEET IOWA CITY, IOWA 52240 EDGE OF I I � r319 351-8282 WATER I I I 1 „- ' ( ) 1 -30 I www.IIIIIISCOf1SUItants.net n I I I I I I I I / OUTLET STRUCTURE 12 FES SW-512 IE OUT(12")(W) 879.70 \ \ TR = 886.00 \ IE OUT(12")(E)1 880:96 i ^ STANDARD LEGEND AND NOTES � „ v °�, � _ CONNECT TO BUILDING 63 I o �I v PVC Cal, 2.00% _ _ - PROPERTY &/or BOUNDARY LINES W/ DOUBLE CLEANOUT ` \ o \ - CONGRESSIONAL SECTION LINES RE: MECHANICAL NI \ ____________— � / I \ \ I� r� - RIGHT-OF-WAY LINES TR = 894.32 0 — — - EXISTING RIGHT-OF-WAY LINES w v v IE OUT(4")(W)=889.67 _ ' v z — - CENTER LINES \ \ Date I� - EXISTING CENTER LINES Revision - LOT LINES, INTERNAL 6/18/2020 CITY COMMENTS - LOT LINES, PLATTED OR BY DEED — — — — — — — — _ PROPOSED EASEMENT LINES EXISTING V D \ \ - - - - /� EASEMENT LINES 00 - BENCHMARK (R) - RECORDED DIMENSIONS ' \ \ _ ( pI 22-1 - CURVE SEGMENT NUMBER - - - - - - - - - - - - - - - \ -EXIST- -PROP- CONNECT TO BUILDING _ - - ' i �� IIIIII � - POWER POLE WITH VALVE - / 45' WYE W/ CLEANOUT p�1C - - - - RE: MECHANICAL , - ' / i 1 hIl _W � - POWER POLE W/TRANS TR = 889.47 3 - POWER POLE W/DROP - - - � - / _ - - - - , ' � 1 I I / / � V � II,I� � - POWER POLE W LIGHT IE IN(4")(E)=883.38 - _ _ _ _ - ' hIl � � GUY POLE IE OUT(4")(S)=883.38 - - - - - - - ) EDGE OF # - LIGHT POLE w v n - ' i WATER I I - FIRE SANITARY HYDRANT HOLE O4 \ INSTALL 390 LF - 2" PVC _ ' - - - - - \ ' ' _ _ u I - WATER VALVE I \ \\ 0 WATER SERVICE OO O - DRAINAGE MANHOLE `\ \ \ cv o \ ❑ - CURB INLET INSTALL 2" SS co - - - - � III X X - FENCE LINE TAPPING SLEEVE I / \ w \\ - - _ WS - - $ - EXISTING SANITARY SEWER AND VALVE WS Ws ws WS s - - , , (( •�9•.ao �Q•oo,. •.9•dao,. •:9•d.<.b i \ - PROPOSED SANITARY SEWER \ < - EXISTING STORM SEWER - PROPOSED STORM SEWER W - WATER LINES - ELECTRICAL LINES - TELEPHONE LINES GAS LINES � - - - - G - - - - - - - CONTOUR LINES (1' INTERVAL) - PROPOSED GROUND - EXISTING TREE LINE S88"55'00"W 740.39' ' 1 I 1 II i,III EXISTING DECIDUOUS TREE & SHRUB EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE I APPROVAL OF THIS DOCUMENT. I I I \ w II UTILITY PLAN I w \ I e 1 ' I N ' ' ® ------------ \ � //--------------------------- -- \ -- I i'I A I I II A & T TRUCKING �\ 45° WYE W/ CLEANOUT \ _ ` TR = 876.87SANITARY MH IE IN(4")(N)=872.87 I \ / RIM=COULD NOT>' \,'' � � \ \ IE OUT(4")(SE)=872.87 - GET UNBOLTEDWATERLOO\ SANITARY / BLACK HAWK COUNTY RIM= I (E-W)-856,80 IOWA \ ��— � /- I 1 VIII 20' SANITARY EASEMENT - i ' CONNECT TO EXISTING MANHOLE I W/ DROP STRUCTURE J o TR = 879.05 0 • p /,, - 106' / IIS\ 4„� I � ry IE IN(4")(NW)-870.00 I II PVC 02.711 MMS CONSULTANTS, INC. I SANITARY MIT Date: RIM=879.05 ,�- " APRIL 23, 2020 TOP OF PIPE=856.90 / Designed by: Field Book No: BTM Drawn by: Scale: BTM Checked by: Sheet No: / BTM SANITARY MH — RIM=878.74 / Project No: /- E (E-W)=856.14 , 4/ / 10964-001 of: 5 Page 124 of 545 PROJAC SANITARY SEWER AND WATER MAIN CONSTRUCTION NOTES O1 Driveway radius (R). Residential: 10 foot minimum, 15 foot maximum. OW� oe Commercial and industrial: As specified in the 0 'B' joint contract documents. p UTILITIES **ALL SANITARY SEWER MANHOLE LIDS SHALL HAVE THE WORDS 'SANITARY SEWER' CAST IN THE LID** t\��o� THE CONTRACTOR SHALL NOTIFY IOWA ONE Ce Transition the curb height to 0 inches at end of ONE CALL AT 811 OR 800 292-8989p E' joint 2 taper/radius or at the front edge of sidewalk. Do / 1) SANITARY SEWER AND WATER MAIN CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE 0 NO LESS THAN 48 HRS. IN ADVANCE as specified &in not extend raised curb across sidewalk. PROJECT SPECIFICATIONS AS PREPARED BY MMS CONSULTANTS, INC. CONSTRUCTION \ 1 OF ANY DIGGING OR EXCAVATION. SHALL ALSO CONFORM TO THE IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS (SUDAS) MANUAL, C' or EPavement thickness. WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS OR ENCOUNTERED WITHIN AND TO THE CITY OF CORALVILLE STANDARDS AND APPROVED MANUFACURERS/MODELS. joint 8 Residential: 6 inches minimum. THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE 2) ALL TRENCH EXCAVATIONS SHALL BE COMPLETED IN ACCORDANCE WITH SUDAS SPECIFICATION SECTION 3010. Commercial and industrial: 7 inches minimum. OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. 3) CONTRACTOR SHALL PROVIDE CLASS 1 CRUSHED STONE ENCASEMENT BEDDING ACCORDING TO SUDAS p ® Sidewalk thickness through driveway to match UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE SPECIFICATION 3010,2.02,A FOR ALL SANITARY SEWER UNLESS NOTED OTHERWISE ON THE PLANS. 'C' joint ellBack of curb thickness of driveway. SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. IT IS POSSIBLE THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN 4) SANITARY SEWERS TO BE PVC TRUSS PIPE (SUDAS 4010,2.01,E) UNLESS NOTED OTHERWISE. SANITARY Refer to Center reinforcing bar vertically in the pavement. OR SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT SEWER SERVICE LINES SHALL BE PVC, SDR 23.5 WITH GASKETED JOINTS (SUDAS 4010,2.04,C). Detail A LOCATION AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL BE Back of curb © Match thickness of adjacent roadway, 8 inches ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. minimum. 5) CONTRACTOR TO PROVIDE CLOW "BAND-SEAL" COUPLINGS FOR DISSIMILAR PIPE CONNECTIONS. ' O7 Provide 'E' joint at back of curb unless 'B' joint is 6) WATER MAINS SHALL BE DR-18 PVC PIPE, IN COMPLIANCE WITH SUDAS SPECIFICATION SECTION 5010,2.01, _ DETAIL A specified. UNLESS NOTED OTHERWISE ON THE PLANS. TYPE A WITH FLARES ® For alleys, invert the pavement crown 2% toward center of alley. SHEET INDEX 7) ALL CLASS 52 DIP SHALL BE WRAPPED WITH 8 MIL. POLYETHYLENE WRAP IN COMPLIANCE WITH SUDAS 5010,3.05. °�0 1 - SITE LAYOUT AND DIMENSION PLAN 8) #12 AWG SOLID COPPER TRACER WIRE SHALL BE INSTALLED ALONG ENTIRE LENGTH OF NEW WATER MAIN, IN COMPLIANCE pP�ty/��e 3 - GRADING PLEROSION CONTROL AND SWPPP PLAN CIVIL ENGINEERS WITH SUDAS SPECIFICATION 5010,3.06 AND FIGURE 5010.102. THHN INSULATION IN YELLOW, ORANGE OR BLUE. �\a�h 'B' joint �N�' 4 - UTILITY PLAN LAND PLANNERS 9) SANITARY SEWER TRENCHES SHADED ON THE PROFILE VIEW SHALL BE BACKFILLED WITH EITHER 5 - GENERAL NOTES AND DETAILS LAND SURVEYORS OF THE FOLLOWING COMPACTED TO 95% STANDARD PROCTOR DENSITY: Ot��e E' joint 2 3 Curb Drop curb b to 2" A. SUITABLE EXCAVATED MATERIAL. IF EXCAVATED MATERIAL IS NOT SUITABLE, THEN as specified 2 LANDSCAPE ARCHITECTS B. CRUSHED STONE AS SPECIFIED FOR GRANULAR TRENCH BACKFILL SHALL BE USED. joint E 6 ENVIRONMENTAL SPECIALISTS *REFER TO SUDAS SPECIFICATION 3010,2.01 FOR UNSUITABLE MATERIAL* 8 2 ®Sidewalk Drivewa 18" 12"� 7 1917 S. GILBERT ST. 10) GRANULAR TRENCH BACKFILL SHALL BE CLASS 1 CRUSHED STONE CONFORMING TO SUDAS IOWA CITY, IOWA 52240 SPECIFICATION 3010,2.02,A. COMPACT TO 95% STANDARD PROCTOR DENSITY. C joint e��rA Oj (319)351-8282 11) WATER MAINS WITHIN STREET RIGHT OF WAYS OR WITHIN EASEMENTS ADJACENT TO THE -DOQ TYPICAL SECTION STREET RIGHT OF WAYS SHALL BE BACKFILLED WITH EITHER OF THE FOLLOWING COMPACTED Gv(b O5 #5 x 36" www.mmsconsultants.net C reinforcing TO 95% STANDARD PROCTOR DENSITY: �1 R Refer to bar M etail B A. SUITABLE EXCAVATED MATERIAL. IF EXCAVATED MATERIAL IS NOT SUITABLE, THEN v B. CRUSHED STONE AS SPECIFIED FOR GRANULAR TRENCH BACKFILL SHALL BE USED. o Back of curb � 1'-0 REVISION 12) ALL SANITARY SEWER SERVICE LINES CROSSING STREET RIGHT-OF-WAY SHALL BE BACKFILLED o i NEW 10 21 IN ACCORDANCE WITH THE PRECEDING NOTE. ack of curb 7 IGURE 7030.11 0 13) ALL SANITARY SEWER SERVICE LINES SHALL BE EXTENDED = SHEET 1 OF 1 m A. TO THE UTILITY EASEMENT LINE FOR THOSE LOCATIONS WHERE THE LOTS BEING SERVED TYPE A WITH RADII DETAIL B C) CONCRETE DRIVEWAY, TYPE A Date Revision ARE ON THE OPPOSITE SIDE OF THE STREET FROM THE SEWER MAIN. 6/18/2020 CITY COMMENTS B. TO THE UTILITY EASEMENT LINE FOR THOSE LOCATIONS WHERE THE LOTS BEING SERVED ARE ADJACENT TO THE SEWER MAIN. STORM SEWER NOTES THE FOLLOWING MINIMUM CLEARANCES MUST BE MAINTAINED, ACCORDING TO SUDAS SPECIFICATION 5010,3.07: 1) STORM SEWER CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE STANDARD DETAILED 14) WATER MAIN SHALL BE LOCATED 10 FEET HORIZONTALLY DISTANT FROM ALL SANITARY SEWER SPECIFICATIONS AND DETAILED SPECIFICATION REQUIREMENTS PREPARED FOR THIS PROJECT. AND STORM SEWER. CITY OF CORALVILLE DESIGN AND CONSTRUCTION STANDARDS AND PROCEDURES SHALL PREVAIL. 15) WATER MAIN SHALL NOT PASS THROUGH NOR CONTACT A SEWER OR A SEWER MANHOLE. 2) ALL STORM SEWERS SHALL BE CLASS 3 RCP UNLESS NOTED OTHERWISE IN THE PLANS. RIRPAP DIMENSIONS A MINIMUM HORIZONTAL SEPARATION OF 3 FEET SHALL BE MAINTAINED. Ja 17 ay 16 VERTICAL SEPARATION OF WATER MAINS CROSSING OVER ANY SANITARY SEWER SHOULD BE 3) AT PLACES WHERE A FLARED END SECTION IS REQUIRED, PIPE LENGTH INCLUDES THE FLARED G END. THE LAST TWO JOINTS ARE TO BE TIED WHERE FLARED END SECTIONS ARE REQUIRED. C0 d W L T d5o A MINIMUM OF 18-INCHES, MEASURED OUTSIDE TO OUTSIDE FROM THE CLOSEST EDGE OF EACH PIPE. IF PHYSICAL CONDITIONS PROHIBIT THIS SEPARATION, THE WATER MAIN SHALL NOT BE PLACED CLOSER THAN 6-INCHES ABOVE A SEWER OR 18-INCHES BELOW A SEWER. THE 4) ALL RCP STORM SEWERS SHALL BE PROVIDED WITH CLASS "C" BEDDING, UNLESS NOTED SEPARATION DISTANCE SHALL BE THE MAXIMUM FEASIBLE IN ALL CASES. OTHERWISE. PVC SEWERS SHALL BE PROVIDED WITH CRUSHED STONE ENCASEMENT. 12" 4' 4' 6" 3" 5) STORM SEWERS SHADED ON THE PROFILE VIEW SHALL BE BACKFILLED WITH EITHER OF THE 17) WHERE THE WATER MAIN CROSSES SEWER, ONE FULL LENGTH OF WATER PIPE SHALL BE FOLLOWING COMPACTED TO 90% MODIFIED PROCTOR DENSITY: 15" 6' 6' 6" 3" LOCATED SO BOTH JOINTS ARE AS FAR AS POSSIBLE FROM THE SEWER. THE WATER AND A. SUITABLE EXCAVATED MATERIAL. IF EXCAVATED MATERIAL IS NOT SUITABLE, THEN A SEWER PIPES MUST BE ADEQUATELY SUPPORTED AND HAVE WATER TIGHT JOINTS. A LOW 1 ` PERMEABILITY SOIL SHALL BE USED FOR BACKFILL MATERIAL WITHIN 10-FEET OF THE POINT B. CRUSHED STONE AS SPECIFIED FOR GRANULAR TRENCH BACKFILL SHALL BE USED. } * 18" 7' 7' 8" 4" OF CROSSING. 6) GRANULAR TRENCH BACKFILL SHALL BE CRUSHED STONE CONFORMING TO I.D.O.T. STANDARD 18) NOMINAL DEPTH OF WATER MAIN = 5.5 FEET TO TOP OF PIPE. SPECIFICATION 4120.04 WITH 1" MAXIMUM AGGREGATE SIZE. COMPACT TO 90% MODIFIED 24" 10' 10' 12" 6" PROCTOR DENSITY. 19) WATER MAIN SHADED ON PLAN VIEW, AND ALL WATER SERVICE LINES CROSSING STREETS, i SHALL BE INSTALLED PRIOR TO PAVING. 7) ALL STORM SEWERS SHALL HAVE CONFINED "0" RING GASKETS. STORM SEWERS 36" AND 30" 14' 14' 12" 6" SMALLER SHALL HAVE BELL AND SPIGOT JOINTS. STORM SEWERS LARGER THAN 36" MAY 20) VIDEO INSPECTION OF ALL SANITARY SEWER MAINS IS REQUIRED PRIOR TO CITY ACCEPTING OWNERSHIP OF THE SYSTEM. HAVE TONGUE AND GROOVE JOINTS. NO MASTIC JOINTS ALLOWED. 36" 17' 17' 18" 9" 21) ALL SANITARY SEWER AND SERVICE LINES SHALL BE AIR TESTED TO PASS THE FOLLOWING TEST: 8) ALL PIPE SHALL BE CERTIFIED. 9) ALL STORM INTAKES SHALL BE A MINIMUM OF 48 INCHES FROM TOP OF CURB/RIM TO SUBGRADE. 42" 20' 20' 18" 9" LOW PRESSURE AIR TESTING (SUDAS 4060,3.04,C) SUDAS TABLE 4060.02: TEST DURATION IF INVERT ELEVATIONS ARE INSUFFICIENT TO PROVIDE THIS REQUIRED DEPTH, THE CONTRACTOR y A. PERFORM FROM MANHOLE-TO-MANHOLE AFTER TO PROVIDE DEEPER STRUCTURE AND POUR CONCRETE FILLET IN INTAKE TO MAKE INTAKE PIPES BACKFILL, CLEAN AND WET PIPE LINE PIPE DIAMETER, TEST PERIOD DURATION DRAIN AT INVERT ELEVATIONS LISTED. 2 48" 22' 22' 18" 9" (INCHES) (MINITES) B. PLUG ALL INLETS AND OUTLETS TO RESIST 10) LIFT HOLES IN STORM SEWER WILL NOT BE ALLOWED. 54" 26' 26' 24" 12" THE TEST PRESSURE. 8 4.0 10 5.0 11) PROVIDE CONCRETE FILLETS IN ALL NEW & EXISTING DRAINAGE STRUCTURES PER C. USE THE TABLE TO THE RIGHT TO DETERMINE THE 12 6.0 REFERENCED DETAILS. TEST DURATION FOR SECTION BEING TESTED. Length, L PRESSURE HOLDING TIME IS BASED ON AVERAGE HOLDING 18 8.5 WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS, OR ENCOUNTERED PRESSURE OF 3.0 PSI OR DROP FROM 3.5-2.5 PSI. WITHIN THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO 21 10.0 NOTIFY THE OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION PLAN D. INTRODUCE LOW-PRESSURE AIR INTO SEALED LINE AND ACHIEVE 24 11.5 THE CONTRACTOR SHALL AFFORD ACCESS TO THOSE FACILITIES FOR NECESSARY INTERNAL AIR PRESSURE OF 4 PSIG GREATER THAN MAXIMUM 27 13.0 MODIFICATION OF SERVICES. UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN DETAIL S PRESSURE EXERTED BY GROUNDWATER ABOVE PIPE INVERT. 30 14.0 PLOTTED FROM AVAILABLE SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE PRESSURE IN SEWER SHOULD NOT EXCEED 5.0 PSI. 36 17.0 CONSIDERED APPROXIMATE ONLY. IT IS POSSIBLE THAT THERE MAY BE OTHER FACILITIES IN THE CONSTRUCTION AREA, THE EXISTENCE OF WHICH IS NOT PRESENTLY KNOWN OR SHOWN E. ALLOW 2 MINUTES MINIMUM FOR AIR PRESSURE TO STABILIZE. 42 20.0 HEREON. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT Stable Ground DISCONNECT LOW-PRESSURE AIR HOSE FROM CONTROL PANEL. 48 23.0 LOCATION, AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL 54 25.5 BE ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. F. WHEN PRESSURE HAS STABILIZED AND IS AT OR ABOVE THE 60 28.5 STARTING TEST PRESSURE OF 3.5 PSI, COMMENCE THE TEST. _ NOP PE SHALL BE PLACED ON CRUSHED lope - 0% RECORD THE DROP IN PRESSURE FOR THE TEST PERIOD. THE TEST MAY BE DISCONTINUED WHEN -1II =III1. nj THE PRESCRIBED TEST TIME HAS BEEN COMPLETED, EVEN THOUGH 1.0 PSI DROP HAS NOT OCCURRED. =11 = STONE MATERIAL. II �l 2. BELL HOLES SHALL BE HAND SHAPED m G. IF THE GROUNDWATER LEVEL AT THE TIME OF TESTING IS ABOVE THE PIPE INVERT, ADD 0.43 PSI OF �I\ � �?\o�o � ��,\>\> A IIIA SO THAT ONLY PIPE BARREL RECEIVES ' AIR PER FOOT OF WATER ABOVE THE INVERT TO TEST AIR PRESSURE RANGE OF 2.5 PSI TO 3.5 PSI xS x>x>\x >x>\\x II BEARING PRESSURE. t') � STATED ABOVE. z =11 - 3. PLACE BEDDING TO ENSURE THAT Q 4� � =1' THERE ARE NO VOIDS UNDER OR H. IF THE PRESSURE DROP EXCEEDS 1.0 PSI DURING THE TEST PERIOD, THE TEST WILL BE CONSIDERED =11 II HAND 3 Construct notch srle>- t°� i III- ALONGSIDE THE LENGTH OF PIPE. o T111GkL'1$$$, T T TO HAVE FAILED. LOCATE AND REPAIR LEAKS, AND RETEST THE LINE. I' PLACED 4. BACKFILL SHALL BE HAND TAMPED BI end of apron. I. AIR TESTING SHALL BE CONSIDERED INCIDENTAL TO SANITARY SEWER CONSTRUCTION. 111111 d lily BACKFILL UP TO 12" ABOVE TOP OF PIPE. rp Engineering Fabric min. Depth = 2T SUDAS Standard Specifications III I =11 5. SEE TABLE FOR ALLOWABLE TRENCH Footing for Apron WIDTH Bd. 22) ALL PVC TRUSS SEWERS SHALL HAVE A DEFLECTION TEST PERFORMED AS FOLLOWS: - - - PROFILE RIP RAP FOR PIPE OUTLET \III\Till\111-III III\Illi\ I' d/6 ID Bd 0 A. DEFLECTION TEST SHALL BE CONDUCTED AFTER THE FINAL BACKFILL HAS BEEN IN PLACE AT =1Bd INCHES FEET & n Sedon A-A 01I FLAT GRQUNID LEAST 30 DAYS. d�8, 4" min. INCHES B. DEFLECTION TEST TO BE CONDUCTED BY PULLING A 9 ARM DEFLECTION MANDREL, COMPLYING WITH COMPACTED GRANULAR 12 2-3 APPLICABLE ASTM STANDARDS, THROUGH SEWER BY HAND, IN ACCORDANCE WITH SUDAS SPECIFICATION 4060,3.05. BACKFILL UNDISTURBED 15 2-9 C. NO PIPE SHALL EXCEED A DEFLECTION OF 5% OF INSIDE PIPE DIAMETER. SOIL 18 3-0 21 3-3 CLEANOUT DETAIL CLASS "C" BEDDING 23) MANHOLE FRAME AND LID TO BE NEENAH R-1642 SELF SEALING OR APPROVED EQUAL. 27 4 -0 N. T.S. FRAME AND LID MANHOLE FRAMES IN PAVING SHALL ALSO BE NON-ROCKING 30 4-3 NO. 4'S EACH WAY NEENAH R-1792 TYPICAL SW-512 OUTLET STRUCTURE ° -CL, OR EQUAL A & T TRUCKING 36 4-9 , , ° NTS. 24) CONTRACTOR SHALL PROVIDE A 2-YEAR MAINTENANCE BOND WITH THE CITY OF CORALVILLE COVERING 42 5-6 DEFECTIVE MATERIALS AND WORKMANSHIP FOR ALL SANITARY SEWER AND WATER SYSTEM IMPROVEMENTS. 48 6-3 ° °° ° ° ° Tw Min. Tw Min. 2 LAYERS BUILDING ID Tw PAPER OR FIBER I I 1L, INCHES FEET & - PACKING BETWEEN Q RIM ELEVATION -III- III- INCHES = PIPE AND CONCRETE ' ❑��8��� PER PLAN WATERLOO -I I BACKFILL (SEE 4 2-0 NATIVE I=�1 AND 12, ABOVE) 6 2-0 III = MATERIAL SLAB. - - �\ s BLACK HAWK COUNTY _ CLEANOUT DETAIL II- -III- 13 2-3 L J \ \/ No. 4's (typ) ° � III=1 CLASS 1 10 2-6 II=1 III= N.T.S. I= IOWA °°o° °°° ° I I lll. 12 2-9 L I�_ \ P.C.C. SLAB N :III=I°°o°°o 0.,ago a,00 ° III- BEDDING 15 3-0 -III -III CLASS 1 \ \ 6"m HOLE o�°o°o°° °°°o PLAN �� ��o I MATERIAL 2a a-o 12" :III III�F BEDDING REMOVABLE �� o° _ _ ° MATERIAL CASTING OPENING INVERT II- oa o III- _� '°m° °°'° , I- CLEANOUT BEND AND II I WOO as o o °' 1 NOTES: I-I oD °�°� I I RISER TO BE THE / 884.75 -_ ooy oo�o' 1 1. PIPE SHALL BE PLACED ON CLASS 1 00 0 0 0 0 I�I _ OD/2 CRUSHED STONE MATERIAL. �� °o° 0008 I rl GROUND ELEVATION SAME SIZE AND \i °° I �° I I CAST IRON RISER MATERIAL AS SEWER \X ,- oo°d'oc°o '000°o _ 2. BELL HOLES SHALL BE HAND SHAPED oo a�o „° = WITH FITTED GAP �` // 2 "0 HOLE WITH PIPE SCREEN -III- ppOOpO°` - SO THAT ONLY PIPE BARREL RECEIVES -I °� °°°' °°OpO h � �� MAIN. oo°o 000 a°o o / / / / / j�� A I BEARING PRESSURE. 7 3. PLACE BEDDING TO ENSURE THAT i I I _I I_I I I-1 I I-III-III-I' \X� 4" MIN THERE ARE NO VOIDS UNDER OR OD/8 J : - - ��� OPENING INVERT ALONGSIDE THE LENGTH OF PIPE. (4" MIN.) UNDISTURBED SOIL 4. BACKFILL SHALL BE HAND TAMPED UNDISTURBED SOIL \� � � 882.30 UP TO 12" ABOVE TOP OF PIPE. 5. SEE TABLE FOR ALLOWABLE TRENCH CLASS F-3 BEDDING WIDTH Tw. CLASS P-3 BEDDING INVERT ELEVATION FOR SANITARY PVC TRUSS PIPE FOR DR-18 WATER MAIN CLEHRANMINIMUM INIM M (SEE PLANS) ���/ / OUTLET PIPE ELEVATION . �� NOTE` MMS CONSULTANTS, INC. SUDAS FIGURE 3010.103 NTS SUDAS FIGURE 3010.104 NTS / ALL REINFORCING, SPECIFICATIONS SANITARY TOP OF PIPE 45 ELBOW /� � � /j � 1h AND DIMENSIONS OTHER THEN THOSE Date: SEWER CLEANOUT TO EDTTOM OF NOTED SHALL BE PER A STANDARD APRIL 23 2020 FITTINGWHERE PUBLIC OR PRIVATE UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS, OR COVER. 45 WYE j / SUDAS SW-512 ENCOUNTERED WITHIN THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR GROUT TO NOTIFY THE OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. PLAN ITARY SERVICE V�������� / �V �/ Designed by BTM Field Book No: THE CONTRACTOR SHALL AFFORD ACCESS TO THOSE FACILITIES FOR NECESSARY \�\ OUTLET BPIPEDrawn by: OM TO MODIFICATION OF SERVICES. UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN AN /� Scale: PLOTTED FROM AVAILABLE SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE PREFABRICATED FITTINGS II II �\ BTM CONSIDERED APPROXIMATE ONLY. IT IS POSSIBLE THAT THERE MAY BE OTHER FACILITIES IN ON SERVICE LINE I I 11 Checked by: BTM Sheet No: THE CONSTRUCTION AREA, THE EXISTENCE OF WHICH IS NOT PRESENTLY KNOWN OR SHOWN DOUBLE CLEANOUT �� i\ /\ /A \ �� /A iA TYPICAL SW-5� Z OUTLET STRUCTURE HEREON. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT / Pro)ect No: LOCATION, AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL SEE PLANS FOR DIAMETER OF SEWER MAIN. BE ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. ELEVATION 5 10964-001 af: 5 Page 125 of 545 STEEL ROOFING--4:12 PITCH O.H. O.H. STEEL SIDING N N l W - W 2 T 3 LL O.H. O.H. m= 3 36"TALL STEEL WAINSCOTS •� RIGHT ELEVATION A & T TRUCKING MEVLUDIN ALIBEGIC MEVLUDIN ALIBEGIC (319)486-6948 RISE UMBER FROSGUM11E OR15SNNULI NOT6E U„I RIAKEN WI o�BY NEPSSESRI EOR""9TRUC5�N FR'RAL DNTRENGINEERS. (315)765-9974(cell) aEouiM�'rvis s„r„o oaMswc ioa���eiHni ao�acni coo esn„°o"oaoi°n„ ED L"GlTERUllTA'l.E”N.OURET'IA'L LA' SPAHN & ROSE JESUP, IA MEVLUDINALIBEGIC@GMAILCOM ES HAVE SEEN—SED,EN AM—ANG xaasss Noai„au AND SPARN&ROSE LUMBER ED DECLINES MY AND ALL CLAIMS FOR FALL 2528 WEST 9th ST. WATERLOO,IA 50702 STEEL ROOFING--4:12 PITCH 1.-0.. ;OH . STEEL SIDING O S t O W m o � � O r 2 2 3 I .H. O o� �w STE�WAINSSCOTE 3 LEFT ELEVATION A & T TRUCKING MEVLUDIN ALIBEGIC THE`EauloA%lE,Ncr„aN,s„E1 SHOUL„„aRON TOosE LE„MeeaCo„vANvev°wu sMe„w„o naENo,uce„se°Aac„,re soa ENG,NEERS MEVLUDIN ALIBEGIC (s1s)aas-ssaa NSTa°°TON HH°M HNolElEC A- TATcos �4=2® (315)765-9974(cell) R U,reu T�M EN R TVf SPAHN & ROSE JESUP, IA MEVLUDINALIBEGIC@GMAILCOMANNESEND NSE EEN�T`IA AM BE E HAVE SEE„a—I SE°ExaaEss Noxi„au OR 2528 WEST 9th ST. WATERLOO,IA 50702 12 12 4 4 STEEL SIDING 2'-0'• 1'2 12 0 4So Q 4 0 o o mt 2'On O.H. LL 3 ®lillidd iiiiiii HM1111111 W � E ® 3 mW 0�• 36"TALL STEEL WAINSCOTE �• 3 FRONT ELEVATION A & T TRUCKING MEVLUDIN ALIBEGIC [ 319)486-6948 i P270 MEVLUDIN ALIBEGIC (315)765-9974(cell) SPAHN&ROSE JESUP, IA MEVLUDINALIBEGIC@GMAIL.COM 2528 WEST 9th ST. WATERLOO,IA 50702 ......L"""ING'RNISHECS BRANN&ROSE LUMBER COMPANY BY DR—SMEN—ARE NC7 LICENSED ARCHITECTS-R ENGINEERS AN HE EILANB. BIAH— s ouerv.A, ncesaae 12 4 12 �4 STEEL SIDING 2'-0" 2'_0" O.H. O.H. El El O O So o o .D S S N �TALLEL WAINSCOTE REAR ELEVATION A & T TRUCKING MEVLUDIN ALIBEGIC X20 MEVLUDIN ALIBEGIC (3is))'�BEGIell'27 of 45 SPAHN&ROSE JESUP, IA MEVLUDINA C@GMAIL.COM 2528 WEST 9th ST. WATERLOO,IA 50702 Site Plan Amendment south of 2280 Northeast Drive � . Looking south from Martin Luther King Jr. Looking west along Martin Luther King Jr. Drive. Drive toward Northeast Drive. , i Ilk i, s! } A 11 � tT Looking southwest from Martin Luther King Looking northeast from Northeast Drive. Jr Drive toward Northeast Drive. Page 128 of 545 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", 9619-P", 66S-1" OR"C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment X Individual Building Minor change (check ane) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name(please print): A&T Trucking LLC Address:2528 West 9th Street Phone:315-765-9974 Fax: NIA City:Waterloo State:Iowa Zip:50702 Email;-meviudinalibegic@gmaii.com b. Status of applicant: (a) Owner_ (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax; City: State: Zip; Email: 2. PROPERTY INFORMATION.- a. NFORMATION:a. General location of site plan to be amended: Martin Luther King Jr Dr & Northeast Dr b. Legal description of property or portion to be amended:Please see attached c. Dimensions of proposed site plan amendment: 5.05 acres d. Area of proposed site plan amendment:5.05 acres e. Current zoning: M-2, P f. Reason(s) for site plan amendment and proposed use(s) of property: Applicant plans to develop lot to contain an industrial warehouse/office building and parking space for tractor trailers and trucks. g. Conditions (if any)agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200 (for new or overall amendment), $100(for individual Building),or$0 (for minor change) (payable to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in malting their decision. The undersigned authorize City Zoning Offici s to enter the property in question in regards to the reque r 04124/2020 04/24/2020 Signature of Applicant Date Signature of Owner a e 9 of 545 CITY OF WATERLOO Council Communication Sale and conveyance of property located at the southeast corner of Martin Luther King Jr. Drive and Northeast Drive, to A& T Trucking, LLC, in the amount of$1.00, and to approve a Development and Minimum Assessment Agreement for the development of a 4,350 square-foot building. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Site Plan and Building Plans Backup Material ❑ A&T Trucking- Development Agrement Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City owned property located at the southeast corner of Martin Luther King Jr. Drive and SUBJECT: Northeast Drive, to A& T Trucking LLC, in the amount of S1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with A& T Trucking. LLC, for the construction of a 4.350 square-foot building, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approve The City continues to work on the industrial development of the Northeast Industrial Park area. A& T Trucking would build a new 4,350 sq. ft. Summary Statement: building valued at$470,000 for the project and site, on land recently platted by the City of Waterloo for development, and be able to connect into infrastructure put in place for development. Expenditure Required: None Source of Funds: NA Policy Issue: Economic Development Alternative: Not approve The City originally acquired this land from the Waterloo Industrial Development Association(WIDA) in 1995 for industrial development. WIDA was an early arm for economic development that went out and acquired land for development and sale to the City of Waterloo later. Page 130 of 545 Background Information: This particular site was recently platted to set it up for construction, especially for smaller projects like A& T Trucking. Staff believes this location will work well for the company and help bring new activity in a high visibility location for the Northeast Industrial Park area. Legal Descriptions: Lot 1 of Northeast Industrial Park Plat No. 5, Waterloo, Black Hawk County, Iowa. 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WATERLOO,IA 50702 W IFYLOCATION8ENDUSEOF8UII_DNG encselww mr flrnKe�rt�.:,c�nccrswE�.a.aeHi FOR PROPER DESIGN OF UUILDINGCOMPONETS: gOSEI�'�erER[O.I.+SNIESIA FISPolr55trtY FPR SiRVGll4uL CJiD r a14 FURCPSOR W>53!MS-TMfC 2nRrcFDRrn CONSTRUCTION TECHNIQUES,AND STRDOTURAL vI r,axr rr o-ius calsraucmolnourD NE(UiRF.AIENTSCO14FORLIINGTOALLSTATEB _ - ° ;3uLtsT"'E"'.moi°k�Rf"^°°:T��• -"°x"""°sf �fR Page 137 of 545 LOCAL CODES 60RO:NANGES SHOULD BE VERIFEED n t- �wxxR rru9Nvl�rnC���rw wuwivi s�ii��e eieii°�rnvco.nsr.Essrnxa DYALICFNSF.D F.NGINEEROR ARCHITECT I.nS�tii"n6fJenwRonmE.sfnrxim'elaiu;req/nutrn n.Via, dOH5�1�1-I933N lltlM I doHS@Ins"llyl.5 I .O-.OZ I i I al a n iV O �y O F9 TIT fJ uU`Fo mP�mc4 mvf=��Q mm _ QTIT �mmQ�O W J Jm�>NQ >H4 _ Z vLu Z vw mm Y c7 _ _ U w N (� m Lu � € U €u — oa o =fig 3 m w ¢o LLJ z ss�o�osr _m MUM! a;u a Q ~ = �sz2po 2 Q a ss9"nz }"^ �s�s� Q LU 4�ppq "3 z 39tdg L HOU-2 H. oa i i � dOHS�B iH 913H�}tlhl _� I I dOHS�iH`J13f-I}}qhl j e0-.OZ I Page 138 of 545 dOHs 91F1013H IlVM I dOHS 81HOai I'IVM I — i X-,az i i I 3JI33OND IP913H IIVM oz i i i 4� M U- yox — nyW _ Liu j4p�s y��oE - NNE�wxo 171 12 Keg El �G U $ uted, V54 LJ fl a v) J (� W z 1W- O Li .Z U N w y w LH mmams¢ R.-�m;t L7n J im.��- C5 �N� Wm�W�Q N W��LSI�Q �MMM[7�N (� w 5tE U ❑� Z 9 — Z csw Y (U � c) m w U m w -- ¢o - Qa o06 a Z oq � O O —j W W W F- __ _ — - F- LL o= ... L I I I o0 301330 @ 1H96H IIVM I I J �SH9i3H T1VM I dOH8@AH013HIIVM dON5 .o-az o,oz Page 139 of 545 Preparer: Christopher S.Wendland, P.O. Box 598,Waterloo, Iowa 50704 (319)234-5701 ,offer recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2020, by and between A & T Trucking LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Northeast Industrial Area Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct a building and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey to Company for the sum of$1.00 (the "Purchase Price") the real property described on Exhibit "A" attached hereto (the "Property"). Page 140 of 545 Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a trucking facility of no less than 4,350 square feet with parking area capacity for approximately 30 trucks, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval, as provided in Section 4 below. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within six (6) months from the date of this Agreement (the "Project Start Date"), and construction of Improvements must be Substantially Completed within twelve (12) months after commencement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the 2 Page 141 of 545 Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 142 of 545 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the aggregate amount of$600,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than any demolition that may be authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 7. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations 4 Page 143 of 545 engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. D. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 10. Purchase Option. For a period of seven (7) years from the date that the Property is deeded to Company, Company shall have an option to purchase, for the sum of $1.00, the remainder of the Property that was not purchased pursuant to Section 1. Company shall exercise such option by delivery of written notice to City, and thereafter the parties shall enter into a purchase agreement on standard terms, subject also to negotiation of a development agreement, or amendment of this Agreement, for Company's construction of new improvements on the optioned property substantially similar in type, scope and value as the Improvements provided for herein. If during the option period City receives a bona fide third-party offer to purchase the optioned property, City shall notify Company of same, and Company shall have fourteen (14) days in which to exercise its purchase option. 5 Page 144 of 545 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 6 Page 145 of 545 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the lmprovements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; 7 Page 146 of 545 D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent, or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Compare. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 8 Page 147 of 545 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants., stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 9 Page 148 of 545 19. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 20. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319--291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2528 West 9th Street, Waterloo, Iowa 50702, email MELVLUDINALIBEGIC GMAIL.COM, Attention: Mevludin Alibegic. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 22. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification:, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 23. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this 10 Page 149 of 545 Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 24. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 25. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 28. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of-the date first set forth above. CITY OF WATERLOO, IOWA A & T Trucking LLC By: By: Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned person(s), being either an owner, officer, shareholder, member and/or manager of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of 1� Page 150 of 545 Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. 12 Page 151 of 545 EXHIBIT "A" Legal Description of Property. Lot 1 of Northeast Industrial Park Plat No. 5, Waterloo, Black Hawk County, Iowa, in accordance with the recorded plat thereof, containing 5.05 acres, and subject to easements and restrictions of record. Page 152 of 545 EXHIBIT °B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2020, by and among the CITY OF WATERLOO, IOWA ("City"), A & T Trucking LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Northeast Industrial Area Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only, and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $600,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before July 31, 2021. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2030. Nothing herein shall be deemed to waive the Company's rights under Iowa Code Page 153 of 545 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall lirnit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA [A&TTRUCKING LLC] By: By: t Quentin M. Hart, Mayor Title: �- 1 Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 201L0, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City 2 Page 154 of 545 Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA } ) ss- COUNTY ss.COUNTY OF BLACK HAWK } Subscribed and sworn to before me on OJb-p-r a , 20U, by MR'Cr M°'- as 1 fwJbAk of [A&T TRUCKING LLC]. JAY LASSEN !ZiC mkft Number 815811to u bl' Icy commis M Expires 3 Page 155 of 545 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Six Hundred Thousand Dollars ($600,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public i i Page 156 of 545 j CITY OF WATERLOO Council Communication Sale and conveyance of City property located at 219 Newell Street, in the amount of$139,900, to Camay Nichole Smith. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Purchase Agreement Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City owned propea located at 219 Newell Street, in the amount of$139,900. to Camay Nichole Smith, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of Property The City of Waterloo has been actively working to eliminate nuisance properties, blight, and empty and abandoned houses within the community. As a result, the City has over 100 vacant lots in its ownership. Hawkeye Community College has a growing curriculum of construction classes to help train a new work force for the construction industry in all Background Information: fields from carpentry, plumbing, electrical, etc. Put one plus one together, and they are ready to build homes in the Waterloo community. This partnership will help to train a workforce, that helps existing businesses fmd employees, and will help for infill development, elimination of city expenditures upon sale of the lots, and overall new revitalization into older neighborhoods. Legal Descriptions: Mansons Second Addition Lot 13 Block 1 Page 157 of 545 dotloop signature verification:dt1p.us/HQc5-f97N-Ke1i15s CENTURY210 Signature Real Estate PURCHASE AGREEMENT Date:07/21/2020 TO:City of Waterloo (Seller) FROM:Camay Nichole Smith (Buyer) As joint tenants with full rights of survivorship unless otherwise specified. Buyer offers to buy:219 Newell st,Waterloo, IA 50703 Legally described as:MANSONS SECOND ADDITION LOT 13 BLK 1 SUBJECT TO RESTRICTIVE COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD IF ANY, AND TO EXISTING EASEMENTS, IF ANY. The property intended to be covered by the term hereof shall include all buildings, storage sheds, land, rights, easements, and access necessary or appurtenant thereto and owned by Seller. Included, if now in or on said premises and owned by the Seller, are all fixtures included but not limited to: attached carpeting;window shades; blinds; curtain rods and hardware; lighting fixtures and bulbs; ceiling fans; built-in appliance and accessories; antenna; television mounting brackets; awnings; door chimes; fireplace grates and irons; mailbox; installed sump pumps; garage door openers and controls; and bushes, shrubs and other vegetation. Also included, if not rentals, are satellite dish, water softener and filtration systems, installed alarm devices, propane tanks and all other fixtures not hereinafter reserved by Seller in writing. RESERVED ITEMS: FOR THE SUM OF$435,999-99 $139,900.00 One hundred thirty nine thousand dollars&00/100 07/22/20 1 07/2/20 y 500.00 to be held in trust by Amy Wienands Trust do[10an DT 5:4PM CDT Earnest money of$_ ftfae� cash to be paid at closing upon performance of Seller's obligations hereunder. Any interest on trust account shall be forwarded to the Iowa Association of REALTORS° Foundation (a charitable non-profit entity), the State of Iowa (if required by law), or as directed and mutually agreed in writing by both Buyer and Seller. Return of Earnest Money. Earnest money submitted as part of the purchase price of the above described property shall be returned to the Buyer in case this agreement is not accepted. Any other release of earnest money shall require informed written consent of all parties to this agreement. Closing to take place on or before Friday the 4th day of September,2020 Possession to be given to Buyer at closing or by at closing []AM []PM Friday the 4th day of September,2020 . Buyer agrees to take possession subject to rights of non-owner occupants now in possession. []YES ®NO Any rents shall be prorated to date of closing. Seller agrees to deliver to Buyer all existing keys and garage door controls no later than possession. Buyer(s) 0707/2 Seller(s) 0'7f/2W2/20 8:17 PMppT 1:6 M CDT dotloop v�dli iIials) (Initd8 verified 113 1 of 4 Page 158 1215 REALTOR` oPPoerowT, dotloop signature verification:dt1p.us/HQc5-f97N-Ke1ii5; Property Address:219 Newell st,Waterloo,IA 50703 CHECK THE APPROPRIATE BOX ❑ 1. CASH to be paid at closing. Buyer may have access to property purchased for appraisal; however, this agreement is not contingent upon Buyer obtaining fund. Settlement fee, if any, shall be paid by the Buyer. ® 2. FINANCING. This agreement is subject to Buyer®OBTAINING ❑ASSUMING a commitment for a 30 year ® CONVENTIONAL ❑INSURED CONVENTIONAL ❑FHA ❑VA ❑USDA ❑OTHER mortgage loan on said property at an initial interest rate not to exceed 2.875 % per annum ®FIRM ❑ARM amortized over a period of 30 years. All costs incurred in securing such mortgage shall be paid by the Buyer unless otherwise noted herein. Buyer's financing is also conditional upon the property appraising at the purchase price or greater on or before the mortgage commitment date stated herein. Buyer agrees upon acceptance of this agreement to immediately make application for such mortgage loan with a lender and to make a good faith effort to obtain a mortgage before August 21th , 2020 . Within this same period, Buyer shall notify Seller, in writing, that Buyer has secured said mortgage commitment and that this contingency is removed. If Buyer, after a good faith effort has not obtained a written mortgage commitment and given such written contingency removal notice within this same time period,this agreement shall be null and void and the earnest money shall be returned to Buyer. ❑ 3. INSTALLMENTS. Check if applicable. See attached ADDENDUM to this Purchase Agreement. ❑ 4.ASSUMPTION/ASSIGNMENT. Check if applicable. See attached ADDENDUM to this Purchase Agreement. 5.TAXES AND ASSESSMENTS. Seller shall pay prorated to the date of closing of the installment of general property taxes on said property which become delinquent if not paid on or before September 30 2021 and all prior installments. Buyer shall pay all subsequent installments. If any installment of general property taxes is to be prorated and if such taxes cannot be determined by the date of the settlement thereof, such prorating shall be based on the amount of the last determinable installment, proportionately adjusted by any change in the assessed valuation attributable to capital improvements and which are determinable on the date of settlement. If closing takes place other than the date on the Purchase Agreement, taxes shall be prorated to the revised date of closing.Buyer shall pay the cost of all street oilings which are not liens on the date hereof. Seller shall pay all sewage disposal assessments due and all special assessment which are liens against said premises on the date thereof, except those for improvements which have not been completed and accepted by the City Council on the date thereof,which Buyer will pay. 6. CONDITION OF PROPERTY. The property as of the date of this agreement including buildings, grounds, and all improvements will be preserved by Seller in its present condition until possession or closing, whichever occurs first. Seller further represents plumbing, heating, cooling, electrical systems, and appliances included in this Purchase Agreement to be in working order at the time of possession or closing, whichever occurs first, unless otherwise stated on attached Seller Disclosure of Property Condition, written amendments or addendums to this Purchase Agreement or unless otherwise stated in paragraph 8, and Buyer shall be permitted to make a "walk through" inspection of the property prior to possession or closing, whichever occurs first to verify the same. Seller agrees to remove all debris and personal property, not included herein,from the premises prior to possession. 7. INSPECTION OF PROPERTY. The Buyer is responsible for making their own Inspection of any property for which they make an offer. (It is understood that these provisions are independent of any lender requirement for financing approval.) Within 10 days after the final acceptance date of this agreement, Buyer may, at Buyer's sole expense, have the property inspected by a person(s) of Buyer's choice to identify any structural, mechanical, plumbing, electrical, pest infestation, environmental concerns or other deficiency(s). Within this same period, Buyer may notify Seller in writing of any such deficiency the Buyer wants remedied. Failure to do so shall be deemed a waiver of the Buyer's inspection. In the event of any request by Buyer a result of inspections, Seller shall within three (3) business days after said notification (date of notification does not count) notify the Buyer in writing which steps, if any, Seller will take to remedy any deficiency before closing. The Buyer shall within three (3) business days (date of notification does not count) notify the Seller in writing that(1)such steps are acceptable, in which case, this agreement, so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this agreement shall by null and void, and any earnest money shall be returned to Buyer. Failure by either Seller or Buyer to give the notification within the three (3) business days as stated above, shall render this agreement null and void, and any earnest money shall be returned to Buyer. gw Buyer(s) 07z Seller(s)—J-- I07 22/20 doth o IRFEIIS) (I nitial�ITopMerifed ® 2 of 4 Page 159 1%5 REALTOR' oPPoerow,r dotloop signature verification:dt1p.us/HQc5-f97N-Ke1ii5s Property Address:219 Newell st,Waterloo,IA 50703 8. OTHER TERMS AND CONDITIONS THIS PURCHASE AGREEMENT IS SUBJECT TO. ). Completion and installation of all finishings on the property including but hot limited to:window/door coverings/trim,interior and exterior trim and installation of said items including doors, cabinetry and fixtures. Seller to give the buyer$1500.00 allowance for appliances. o7izzrzo 0 7izzizo 1:26 PNj T 5:14 PM CDT Q. The seller to pay$2,500.00 in buyer's closing costs and PrPba� d dotloop verified ol 07/2 5:14 PM CDT dotloop verified 9. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the property prior to closing or possession, whichever occurs first. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance.. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this agreement null and void. The property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 10. TITLE PAPERS AND ABSTRACT. At the time of the final payment hereunder, the Seller shall convey the premises to the Buyer by warranty deed and shall furnish the Buyer an abstract of title that, in the case of platted property, begins with the recording of the proprietors plat of subdivision, or with root of title, and that shows marketable record title to the premises vested in the Seller as of the date of this agreement between the parties hereto. Within a reasonable time after the execution of this agreement, such abstract, certified to a date subsequent to the date hereof, shall be submitted to the Buyer for examination. Buyer or Buyer's attorney shall either approve the title or point out specific objections. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting except any made necessary by his own affairs. 11. COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this agreement shall be subject to Court approval, unless declared unnecessary by Buyer's attorney. If necessary,the appropriate fiduciary shall promptly proceed to a hearing for Court approval. In that event a Court Officer's Deed shall be used to convey title. 12. SURVEY. Buyer may, at Buyer's sole expense, prior to closing, have the property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the property or if any improvements located on the property encroaches on lands of others, the encroachment shall be treated as a title defect. If the survey is required under Iowa Code Chapter 354, Seller shall pay the cost thereof. (Chapter 354 applies only to land which has been divided using a metes and bounds description.) Buyer(s) 070/211/250, 722 Seller(s) 07/22/20 8:17 Pry1� 7 126 PM CDT dotloo�(4 Calls) (Initiaks�oopverified 113 3 of 4 Page 160 1%5 REALTOR` oPPoerowT, dotloop signature verification:dt1p.us/HQc5-f97N-Ke1ii5s Property Address:219 Newell St,Waterloo, IA 50703 13. REMEDIES OF THE PARTIES. If Buyer or Seller fails to timely fulfill the terms of this agreement, then the other party shall be entitled to utilize any and all remedies or actions at law or in equity which may be available to them (including but not limited to: forfeiture, foreclosure, termination, rescission, or specific performance), and the prevailing party shall further be entitled to obtain judgement for costs and attorney fees. 14. THIS IS A LEGALLY BINDING CONTRACT. This document contains the entire agreement of the parties and supersedes all prior agreements or representations with respect to the property which are not expressly set forth herein. Any modification of this agreement must be in writing and signed and dated by all parties. TIME IS OF THE ESSENCE in the performance of each part of this agreement. If not understood, consult your attorney. 15. FOREIGN PERSON STATUS. (FIRPTA, Foreign Investment in Real Property Tax Act.)Seller is not a foreign person as defined in Internal Revenue Code Section 1445 and any related regulations.At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to the Foreign Investors Real Property Tax Act of 1980, as amended. 16. ELECTRONIC SIGNATURES. In accordance with Iowa Code ch. 554D, all parties agree that this transaction can be conducted by electronic means; Signed and faxed/scanned electronic documents (i.e. pdf) or certified electronic signatures will be binding on all parties.Text messaging and traditional emails will not be binding as signatures. 17. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received in writing either by hand delivery, fax, return receipt, requested mail, or electronic mail. Persons designated for receipt of any notice for the purpose of this agreement shall be the Seller and Buyer or their respective agents.A signed copy of this agreement, counteroffers, and all addendums or amendments to this agreement shall,taken together, constitute a single binding agreement. 18. ADDENDUMS ATTACHED TO THIS OFFER INCLUDE: SPECIFIC PROPERTY AGENCY DISCLOSURE AGREEMENT YES SELLER DISCLOSURE OF PROPERTY CONDITION YES® NO ❑ NOT APPLICABLE ❑ EXEMPT❑ LEAD BASED PAINT DISCLOSURE YES❑ NO ❑ NOT APPLICABLE SEPTIC SYSTEM ADDENDUM YES ❑ NO ❑ NOT APPLICABLE 19. ACCEPTANCE DATE. When accepted by the Seller, this agreement shall become a binding agreement for the sale of the above described property. If this agreement is not accepted by the Seller on or before 07/22/2020 Q•nnZ„�, 9 It shall become null and void and the earnest money shall be returned to the Buyer without liability on the part of either party. 0.2220 1:26 PM CDT dotloop verified 20. SELLER HEREBY[]ACCEPTS ®COUNTERS[]REJECTS the above agreement on 07/22/2020 If Seller has made a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accepted and initialed by Buyer on or before 07/22/2020 If Buyer has made a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accepted and initialed by Seller on or before dotloop verified dotloop verified CMV2-208:17 PM CDT /f/ •_��/ PVFX-M01:26 PM CDT CMV2-NFY:17 P CARR (��j PV 22/20 126 PM CDT BUYER SELLER BUYER SELLER 127 Linden,Waterloo,IA 50703 ADDRESS ADDRESS Nisa Neil CENTURY 21 Signature Real Estate PRINT NAME OF SELLING LICENSEE PRINT NAME OF SELLING BROKERAGE COMPANY PRINT NAME OF LISTING LICENSEE PRINT NAME OF LISTING BROKERAGE COMPANY FINAL ACCEPTANCE DATE: 07/22/2020 ov o�2 5:14 PM CDT 1134 of 4 dotloop verified Page 1611%5 REALTOR` oPPoerowT, CITY OF WATERLOO Council Communication Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of lot 10 in Block 1 of Manson's Second Addition to Hawkeye Community College. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ 28E City& Hawkeye agreement Backup Material ❑ Project Addendum Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorizing the Mayor and City Clerk to execute SUBJECT: said document. Resolution authorizing the sale and conveyance of a certain tract of land, known as lot 10 in Block 1 of Manson's Second Addition in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve document The agreement is an addendum to the previously approved 28E agreement with Hawkeye Community College, and will provide for the City to convey two lots in the 200 block of Newell Street and allow Hawkeye to construct student constructed housing on the lots. The Lots will be conveyed back to the City after construction is complete in exchange for the cost of materials actually incurred by the college. The City will then be able to sell the homes. Summary Statement: The agreement benefits both the City and Hawkeye's vocational and technical training education programs. Supplemental council action will still need to take place to agree on the project designs, plans and specifications, and a not-to-exceed budget for the project. This action would be needed before Hawkeye would begin construction of the home. None at the present time. Once the houses are completed the property will be deeded back to the City of Waterloo at a to be determined cost that will Expenditure Required: be based on the actual cost of materials incurred by Hawkeye to build the Page 162 of 545 homes. Source of Funds: Bonds Policy Issue: Strategic goals 1, 3, and 4 for economic development of the area. Alternative: Not approve The City of Waterloo previously approved a 28E Agreement to partner with Hawkeye Community College to build homes, and would like to approve the project addendum to identify the third lot that Hawkeye would build a home Background Information: on. Hawkeye Community College will utilize existing City owned lots to create additional housing opportunities for the City of Waterloo, and expand the educational experience of students enrolled within their vocational& technical education programs. Legal Descriptions: Lot 10, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 163 of 545 CHAPTER 28E AGREEMENT- AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the day of ,2017,by and between the Hawkeye Community College (hereinafter referred to as "College") and the City of Waterloo, Iowa(hereinafter referred to as"City"): WHEREAS,College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS,City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6); and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS,City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 Page 164 of 545 1. Purpose. The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement.This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College,and the Community Planning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement(the "Project"). 4. Pro e . Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project(each lot agreed upon between the parties is herein referred to individually as the "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College.No additional monetary consideration will be required of the College. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents ("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments, if any,pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to,are specifically adapted to,or are a part of the 2 Page 165 of 545 Property,whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Platting; Survey. If a survey is required under Iowa Code Chapter 354,city or county ordinances, or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i)the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances,codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the `Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and(iii)no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on or adjacent to the Property,nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage,waste or refuse of any kind(all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College,by a duly executed and acknowledged general warranty deed,free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College, City represents and warrants to College the following: 3 Page 166 of 545 i. City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract,agreement,or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation,nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. V. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease, contract, agreement, order, or judgment affecting the Property or the operation thereof vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. X. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 Page 167 of 545 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not-to-exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended,without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work,the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6-month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent,which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition, and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 Page 168 of 545 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. 8. Transfer of Property Back to City.Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings,structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property,whether attached or detached. D. Deed. At Second Closing, College shall convey the Property to City,by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances,reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps,if any,and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 Page 169 of 545 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands,causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of. (i) a material breach of this Agreement by City, (ii) the material failure of any representation or warranty of City made in this Agreement to be true, (iii) any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of. (i) a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true,(iii)any material act or omission of College related to its obligations under this Agreement, or(iv)any physical injury occurring during,and related to,the work performed by College under Section 7 of this Agreement. 11. Assi.ng ment. Neither parry may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly,by a written agreement executed by College and City; B. By either parry,without cause,upon ninety(90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty(30) days. Failure to cure the breach within thirty(30) days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes"completion"and"payment"for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 Page 170 of 545 started, within sixty(60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices,requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail,postage prepaid.All notices shall be effective upon receipt,if notice is given by delivery in person, or on the fifth day following mailing to the other party at its respective address listed below: To College: To City: Vice President of Community Planning& Administration and Finance Development Director 1501 East Orange Road 715 Mulberry Street P.O. Box 8015 Waterloo, Iowa 50703 Waterloo, Iowa 50704 16. BindingEms. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County, Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts,each of which,when executed and delivered, shall be an original,but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 Page 171 of 545 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO By: By: Board President Mayor By: By: Board Secretary City Clerk 01387991-1\10567-257 9 Page 172 of 545 PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION This instrument is an addendum (the"Addendum") to that certain Chapter 28E Agreement- Agreement for Residential Housing Construction (the "Agreement") dated August 21, 2017,by and between City of Waterloo, Iowa("City") and Hawkeye Community College ("College"), previously recorded as Doc. No. 2018-00004311. This Addendum shall be effective when executed by both parties. WHEREAS, the parties have identified a Project site in the 200 block of Newell Street, as described on Exhibit"A" attached hereto (the "Property"), and desire to set forth the terms by which they will undertake the Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Within thirty(30) days after execution of this Addendum by both parties, City will convey the Property to College by general warranty deed. 2. Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not-to-exceed budget for the Project. 3. This Addendum is subject to all terms, covenants, conditions, and restrictions set forth in the Agreement; provided, however,that to the extent of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail. Except as modified herein, the Agreement shall continue in full force and effect. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. The Agreement and this Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Project Addendum to Chapter 28E Agreement-Agreement for Residential Housing Construction by their duly authorized representatives. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO, IOWA By: By: Board President Quentin M. Hart, Mayor By: By: Board Secretary Kelley Felchle, City Clerk Dated: Dated: Page 173 of 545 EXHIBIT "A" Property Description Parcel no. 8913-13-382-008, legally described as: Lot 10, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 174 of 545 CITY OF WATERLOO Council Communication Asbestos survey services for properties located at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 E. 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Bid tab Backup Material ❑ RFP Backup Material ❑ Contract Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. SUBJECT: Resolution awarding asbestos abatement bid to Asbestos Inspections, Testing and Training, Inc., of Monticello, Iowa, in conjunction with asbestos surveys of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 E. 11th Street, 413 Wellington Street, 409 Wellin,aon Street, 663 Kern Street, and 214 Cottage Street, in the amount of$3,700, and approving the contract, bond, and certificate of insurance and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The above mentioned properties where all acquired through Iowa Code 657A. Accepting bids for asbestos survey's is the first of three steps Summary Statement: towards demolition. After the asbestos survey's are complete, staff will go out for bid for asbestos abatement on those homes that where found to contain asbestos. And thirdly, staff will then solicit bids for demolition. Expenditure Required: unknown Source of Funds: Nuisance Abatement/Dilapidated Housing Policy Issue: Nusiance abatement Page 175 of 545 Asbestos Survey Contract#AS-2020-08-9P 915 Linden, 725 Glenwood Ave, 123 E. Parker, 114 E. 10th, 105 E. 11th, 413 Wellington, 409 Wellington, 663 Kern, and 214 Cottage—Contract#AS-2020-08-9P Bid Tab: August 27, 2020 Engineer's Estimate: $3,000 Bidder Bid Security Total Bid Amount Asbestos Inspections, Testing & Training, Inc. 5% $3,700 Monticello, IA ATC No Security $7,250 Waterloo, IA Hawkeye Environmental 5% $6,950 Solon, IA B2 Environmental, Inc. 5% $6,200 Page 176 of 545 CITY OF WATERLOO , IOWA ASBESTOS SURVEY SERVICES Request for Bid Asbestos Survey Contract #AS-2020-08-9P 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Prepared by City of Waterloo Planning and Zoning Department Chris Western-Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 177 of 545 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 1:00 p.m. Thursday August 13, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: ASBESTOS SURVEY SERVICES-915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Deadline for Proposal Submittal: Thursday August 13, 2020 at 1:00 p.m., Central Time Submit Sealed Proposal to: SEALED RFP FOR ASBESTOS SURVEY SERVICES Address exactly as stated—> —> —> City Clerk's Office City Hall 715 Mulberry Street, Waterloo Iowa, 50703-915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th 1M Of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 2 o 1 SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least$1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th 1M Of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 3 0 1 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four(4) weeks, anticipated to be from (August 17, 2020) to (September 14, 2020). 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal)from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 104VPY Of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 4 o 1 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail or email to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. 3.2.4 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 1041TA1 of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 5 6 11 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre- demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and monitoring of abatement in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Monitoring of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement monitoring, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.9 Reserved 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 1041TR of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 6 0 4.1.12 Provide the above-described monitoring services on an as-needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within thirty (30) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. 4.3 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th 1M Of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 7 0 1 SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- independent contractors working under the direction of The word CITY refers to the CITY OF WATERLOO, either the Contractor or subcontractor in the IOWA throughout these Instructions and Terms and performance of this Contract. Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or 8. PROPOSAL REJECTION OR PARTIAL ACCEP- services to the CITY, and CONTRACTOR refers to the TANCE -The City reserves the right to reject any or all successful bidder. Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to 2. PROPOSER QUALIFICATIONS - No Proposal shall be accept in whole or in part such Proposals where it is accepted from, and no Contract will be awarded to, any deemed advisable in protection of the best interests of person, firm or corporation that is in arrears to the City the City. upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is 9. PROPOSAL CURRENCY/LANGUAGE - All proposal deemed irresponsible or unreliable by the City. If prices shall be shown in US Dollars ($). All prices must requested, Proposers shall be required to submit remain firm for the duration of the Contract regardless of satisfactory evidence that they have a practical the exchange rate. All proposal responses must be knowledge of the particular supply/service proposal and submitted in English. that they have the necessary financial resources to provide the proposed supply/service as described in this 10. PAYMENTS - Payments will be made for all Request for Proposal. goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR-Any deviation from this specification MUST 11. MODIFICATION, ADDENDA & INTERPRETATIONS - be noted in detail, and submitted in writing in the Any apparent inconsistencies, or any matter requiring Proposal. Completed specifications should be attached explanation or interpretation, must be inquired into by for any substitutions offered, or when amplifications are the Proposer in writing at least 72 hours (excluding desirable or necessary.The absence of the specification weekends and holidays) prior to the time set for the deviation statement and accompanying specifications Proposal opening. Any and all such interpretations or will hold the Proposer strictly accountable to the modifications will be in the form of written addenda. All specifications as written herein. Failure to submit this addenda shall become part of the Contract documents document of specification deviation, if applicable, shall and shall be acknowledged and dated on the signature be grounds for rejection of the item when offered for page. delivery. If specifications or descriptive papers are 12. LAWS AND REGULATIONS - All applicable State of submitted with Proposals, the Proposer's name should Iowa and federal laws, ordinances, licenses and be clearly shown on each document. regulations of a governmental body having jurisdiction 4. COLLUSIVE PROPOSAL - The Proposer certifies that shall apply to the award throughout as the case may be, the proposal submitted by said Proposer is done so and are incorporated here by reference. without any previous understanding, agreement or 13. SUBCONTRACTING - No portion of this Proposal may connection with any person, firm, or corporation making be subcontracted without the prior written approval by a proposal for the same Contract, without prior the City. knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or 14. ELECTRONIC SUBMITTAL - Telegraphic and/or otherwise illegal action. proposal offers sent by electronic devices (e.g.facsimile 5. SPECIFICATION CHANGES, ADDITIONS AND machines) are not acceptable and will be rejected upon DELETIONS-All changes in Proposal documents shall receipt. Proposing firms will be expected to allow be through written addendum. Verbal information adequate time for delivery of their proposal either by obtained otherwise will NOT be considered in awarding airfreight, postal service,or other means. of Proposals. 15. CANCELLATION-Either party may cancel the award in 6. PROPOSAL CHANGES - Proposals, amendments the event that a petition, either voluntary or involuntary, thereto, or withdrawal requests received after the time is filed to declare the other party bankrupt or insolvent or advertised for Proposal opening, will be void regardless in the event that such party makes an assignment for of when they were mailed. the benefit of creditors. 7. HOLD HARMLESS AGREEMENT - The Contractor 16. ASSIGNMENT- Proposer shall not assign this order or agrees to protect, defend, indemnify and hold harmless any monies to become due hereunder without the prior the City of Waterloo, its officers and employees, their written consent of the City. Any assignment or attempt agencies and agents, from any and all claims and at assignment made without such consent of the City damages of every kind and nature made, rendered or shall be void. incurred by or in behalf of every person or corporation 17. EQUAL OPPORTUNITY - The successful firm agrees whatsoever, including the parties hereto and their not to refuse to hire, discharge, promote, demote, or to employees that may arise, occur, or grow out of any otherwise discriminate in matters of compensation acts, actions, work or other activity done by the against any person otherwise qualified solely because Contractor, its employees, subcontractors or any of age, race, color, religion, sex, sexual orientation, RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 1045046VU of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 8 o 11 gender identity, marital status, national origin, to the City of Waterloo in connection with a proposal, citizenship status,disability, or veteran status. the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers 18. TAXES-The City of Waterloo is exempt from sales tax and employees relating to the release of any document and certain other use taxes. Any charges for taxes from or information submitted. which the City is exempt will be deducted from invoices before payment is made. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any 19. PROPOSAL INFORMATION IS PUBLIC — All claims arising from the release of any document or documents submitted with any proposal and the information made available to the City of Waterloo proposal shall become public documents and subject to arising from any proposal opportunity. Iowa Code Chapter 22,which is otherwise known as the "Iowa Open Records Law". By submitting any document RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10450461 f� Of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. e 9,0Y 1 EXHIBIT""A" SIGNATURE PAGE 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Submitting Firm: Address: City: State: _Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: ❑ We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10thFp% 1Of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. Pa 0,0y1 Our bid, for asbestos survey services of the above listed sites is and will not exceed: 915 Linden Avenue $ 725 Glenwood Avenue $ 123 E. Parker Street $ 105 East 11th Street $ 114 E. 10th Street $ 413 Wellington Street $ 409 Wellington Street $ 663 Kern Street $ 214 Cottage Street. $ Total $ The contractor with the lowest total bid for all properties will be awarded the contract provided all bidding requirements are met. RFP FOR ASBESTOS SURVEY SERVICES—915 Linden Avenue,725 Glenwood Avenue, 123 E.Parker Street, 114 E. 10trp 117 Of 545 East 11th Street,413 Wellington Street,409 Wellington Street and 663 Kern Street,214 Cottage Street. Pa 1 0 1 EXHIBIT "A" CONTRACT ##AS-2020-08-9P FOR ASBESTOS SURVEY SERVICES 915 Linden, 725 Glenwood Ave, 123 E. Parker, 114 E. 10th, 105 E. I Ith, 413 Wellington, 409 Wellington, 663 Kern, and 214 Cottage This Contract for Asbestos Abatement Services (the "Contract") is entered into as of September 8 2020, by and between the City of Waterloo, Iowa ("City") and Asbestos Inspections, Testing, and Training, Inc., Monticello, Iowa. In consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Term and Services. For a period of four (4) weeks after the DNR 10 day waiting agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for firrnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in frill: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $3,700.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. Page 188 of 545 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within ten(10)days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty (30) days after issuance of the IDNR Ten Day notice. 4. Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from claims and damages of any kind arising out of the performance�6f this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents,papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or Iimitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 2 Page 189 of 545 8. Default; Tennination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at Iaw or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City L, -,4-- esvaused t"he-C— by-mry such default, b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no ftirther disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes 3 Page 190 of 545 of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. IlielIana-�the '�event any �p�rolviistion of this Contract, together with the �....+.-.,..4 Tl.......-.- ..�+�� SL I nivalid lllegµ�, �J� ��nenithet in whole Ul ill pal t, LILIC remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs,personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Stephen J. Intlekofer Asbestos Inspections, Testing, and raining, Inc. Attest: Kelly Felchle, City Clerk 4 Page 191 of 545 CITY OF WATERLOO Council Communication Asbestos abatement services Contract No. AB-8-2929-8P for properties located at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street(Former St. Mary's Church and School), and 1809 Black Hawk Street. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Signed Contract Backup Material ❑ Asbestos Abatement Contract#AB-8-2020-8P Backup Material ❑ Bid Tab Contract#AB-8-2020-8P Backup Material ❑ Addendum#I Backup Material ❑ Environmental Property Solutions Bid Backup Material ❑ Advanced Environmental Bid Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Resolution awarding asbestos abatement bid to Advanced Environmental of SUBJECT: Waterloo, Iowa, in the amount of$158,400, and approving the contract, bonds and certificate of insurance, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. Oh Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 41 Street (Former St. Mary's Church and School, and 1809 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval There were four(4)companies that submitted bids for this project. The bid amounts were as follows: • REW Services Corp Des Moines, IA$249,539 • Advanced Environmental Waterloo, IA$158,400 • Abatement Specialties, LLC Cedar Rapids, IA$188,209 • Environmental Property Solutions Urbandale, IA$73,150 Summary Statement: Environmental Property Solution's bid of$73,150 did not include the abatement of 100 E. 9th Street, which accounts for more than 50% of the project cost of all bids submitted due to the difficulty level of abating the property. Advanced Environmental's bid of$158,400 did include the abatement of 100 E. 9th Street in the amount of$115,400. Therefore,Advanced Page 192 of 545 Environmental is the overall lowest bidder, and will be awarded the entire project. Even if 100 E 9th Street were excluded, only adding up the bids for the remaining properties,Advanced Environmental's bid is still the lowest bid. Expenditure Required: unknown Source of Funds: Nuisance Abatement/Dilapidated Housing Policy Issue: Nusiance abatement Properties located at 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 1004 Fulton Street, , 2127 E. 4d'Street(Former St. Mary's Church and School), and 1809 Black Hawk Street where all acquired through Iowa Code 657A. The former Crystal Ice building at 100 E. 9d'Street and the former Black Hawk Sprinkler building at 1100 Sycamore Street were purchased by the city in anticipation of future residential development. Background Information: Accepting bids for asbestos abatement is the second of three steps towards demolition of these properties with the exception of 1809 Black Hawk Street that will be demolished by the development company 3 Little Lambs, L.LC. The City has entered into previous development agreements with 3 Little Lambs, LLC in this area and they built 13,684 square feet of new buildings at 1827 Black Hawk Street. The house on the property has an assessed value of$38,690 and the Minimum Assessment Agreement (MAA)requires that the new improvements shall not be less than $125,000.00, with MAA ending December 31, 2028. Page 193 of 545 EXHIBIT"A" CONTRACT#AB-2020-08-8P FOR ASBESTOS SURVEY SERVICES 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9`h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E. 4 1 Street(Former St. Mary's Church and School), and 1809 Black Hawk Street. This Contract for Asbestos Abatement Services(the"Contract") is entered into as of September 8, 2020,by and between the City of Waterloo, Iowa("City") and Advanced Environmental Testing and Abatement Inc., Waterloo, Iowa. In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of four(4) weeks after the DNR 10 day waiting period, subject to extension upon the mutual written agreement of the parties,the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents(defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five(45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections,for complying with all laws,rules,regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents(collectively, the"Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response(Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract,the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$158,400.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. Page 194 of 545 3. Approval, Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within ten(10)days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty (30) days after issuance of the IDNR Ten Day notice. 4. Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent(100%)of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting, Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing,as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three(3)years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two(2)business days of request,to City, and any other agency of state or federal government. For purposes of this section, "records"means any and all books,documents,papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract,without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event,the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 2 Page 195 of 545 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant,agreement or obligation set forth in this Contract,and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit,action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder,Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes 3 Page 196 of 545 of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF,the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: 1 �' Quentin Hart, Mayor Michael Poe Advanced Environmental Inc. Waterloo, Iowa Attest: Kelly Felchle, City Clerk 4 Page 197 of 545 CITY OF WATERLOO , IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement Contract #AB-2020-08-8P Revised August 3, 2020-With Addendum #1 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9t" Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4t" Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Prepared by City of Waterloo Planning and Zoning Department Chris Western-Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 198 of 545 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 13, 2020 at 1:00 p.m.. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: July 29, 2020 Deadline for Proposal Submittal: 1:00 p.m. Thursday August 13, 2020 Submit Sealed Proposal to SEALED RFP FOR Asbestos Abatement Services Contract #AB-2020-08-8P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday August 13, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 17, 2020. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 199 of 545 Page 2 of 10 SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 200 of 545 Page 3 of 10 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks beginning August 17, 2020 to September 14, 2020. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal)from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 201 of 545 Page 4 of 10 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 202 of 545 Page 5 of 10 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 203 of 545 Page 6 of 10 documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- advertised for Proposal opening, will be void regardless The word CITY refers to the CITY OF WATERLOO, of when they were mailed. IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person 7. HOLD HARMLESS AGREEMENT - The Contractor or company submitting an offer to sell its goods or agrees to protect, defend, indemnify and hold harmless services to the CITY, and CONTRACTOR refers to the the City of Waterloo, its officers and employees, their successful bidder. agencies and agents, from any and all claims and damages of every kind and nature made, rendered or 2. PROPOSER QUALIFICATIONS - No Proposal shall be incurred by or in behalf of every person or corporation accepted from, and no Contract will be awarded to, any whatsoever, including the parties hereto and their person, firm or corporation that is in arrears to the City employees that may arise, occur, or grow out of any upon debt or Contract, that is a defaulter, as surety or acts, actions, work or other activity done by the otherwise, upon any obligation to the City, or that is Contractor, its employees, subcontractors or any deemed irresponsible or unreliable by the City. If independent contractors working under the direction of requested, Proposers shall be required to submit either the Contractor or subcontractor in the satisfactory evidence that they have a practical performance of this Contract. knowledge of the particular supply/service proposal and that they have the necessary financial resources to 8. PROPOSAL REJECTION OR PARTIAL ACCEP- provide the proposed supply/service as described in this TANCE -The City reserves the right to reject any or all Request for Proposal. Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ accept in whole or in part such Proposals where it is OFFEROR-Any deviation from this specification MUST deemed advisable in protection of the best interests of be noted in detail, and submitted in writing in the the City. Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are 9. PROPOSAL CURRENCY/LANGUAGE - All proposal desirable or necessary.The absence of the specification prices shall be shown in US Dollars ($). All prices must deviation statement and accompanying specifications remain firm for the duration of the Contract regardless of will hold the Proposer strictly accountable to the the exchange rate. All proposal responses must be specifications as written herein. Failure to submit this submitted in English. document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for 10. PAYMENTS - Payments will be made for all delivery. If specifications or descriptive papers are goods/services delivered, inspected and accepted within submitted with Proposals, the Proposer's name should 45 days and on receipt of an original invoice. be clearly shown on each document. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - 4. COLLUSIVE PROPOSAL - The Proposer certifies that Any apparent inconsistencies, or any matter requiring the proposal submitted by said Proposer is done so explanation or interpretation, must be inquired into by without any previous understanding, agreement or the Proposer in writing at least 72 hours (excluding connection with any person, firm, or corporation making weekends and holidays) prior to the time set for the a proposal for the same Contract, without prior Proposal opening. Any and all such interpretations or knowledge of competitive prices, and it is, in all modifications will be in the form of written addenda. All respects, fair, without outside control, collusion, fraud or addenda shall become part of the Contract documents otherwise illegal action. and shall be acknowledged and dated on the signature page. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS-All changes in Proposal documents shall 12. LAWS AND REGULATIONS - All applicable State of be through written addendum. Verbal information Iowa and federal laws, ordinances, licenses and obtained otherwise will NOT be considered in awarding regulations of a governmental body having jurisdiction of Proposals. shall apply to the award throughout as the case may be, and are incorporated here by reference. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 204 Of 545 Page 7 of 10 13. SUBCONTRACTING - No portion of this Proposal may of age, race, color, religion, sex, sexual orientation, be subcontracted without the prior written approval by gender identity, marital status, national origin, the City. citizenship status, disability, or veteran status. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or 18. TAXES-The City of Waterloo is exempt from sales tax proposal offers sent by electronic devices (e.g.facsimile and certain other use taxes.Any charges for taxes from machines) are not acceptable and will be rejected upon which the City is exempt will be deducted from invoices receipt. Proposing firms will be expected to allow before payment is made. adequate time for delivery of their proposal either by airfreight, postal service,or other means. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the 15. CANCELLATION-Either party may cancel the award in proposal shall become public documents and subject to the event that a petition, either voluntary or involuntary, Iowa Code Chapter 22,which is otherwise known as the is filed to declare the other party bankrupt or insolvent or "Iowa Open Records Law". By submitting any document in the event that such party makes an assignment for to the City of Waterloo in connection with a proposal, the benefit of creditors. the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers 16. ASSIGNMENT- Proposer shall not assign this order or and employees relating to the release of any document any monies to become due hereunder without the prior or information submitted. written consent of the City. Any assignment or attempt at assignment made without such consent of the City Each submitting party shall hold the City of Waterloo shall be void. and its officers and employees harmless from any claims arising from the release of any document or 17. EQUAL OPPORTUNITY - The successful firm agrees information made available to the City of Waterloo not to refuse to hire, discharge, promote, demote, or to arising from any proposal opportunity. otherwise discriminate in matters of compensation against any person otherwise qualified solely because RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 205 Of 545 Page 8 of 10 EXHIBIT""A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.91h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 206 of 545 Page 9 of 10 Our "not to exceed" bid price for each property is: 118 Shilliam Avenue 179 Rebecca Lane 514 Johnson Street $ 100 E. 9t" Street 1004 Fulton Street $ 1100 Sycamore Street $ 2127 E. 4th Street (Former St. Mary's Church and School) 1809 Black Hawk Street $ Total $ RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 100 E.9`h Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 207 Of 545 Page 10 of 10 Asbestos Abatement Contract#AB-8-2020-8P 118 Shilliam, 179 Rebecca Lane, 514 Johnson, 100 E. 9th St., 1004 Fulton St., 1100 Sycamore, 2127 E. 4th St. (Fmr. St. Mary's Church and School), and 1809 Black Hawk St. Bid Tab: August 27, 2020 Engineer's Estimate: $175,500 Bidder Bid Security Total Bid Amount REW Services Corp 5% $249,539 Des Moines, IA Advanced Environmental Waterloo, IA 5% $158,400 Abatement Specialties, LLC 5% $188,209 Cedar Rapids, IA Environmental Property Solutions 5% $73,150 Urbandale, IA Page 208 of 545 Addendum # 1 Asbestos Abatement Contract #AB-2020-08-8P Issued August 3, 2020 The original RFP listed the following addresses to be abated: 1.1.8 Shilliam, 1.79 Rebecca Lane, 514 Johnson Street, 514 Bluff Street (Quonset Hut Only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. I have taken 514 Bluff Street (Quonset Hut Only) out and replaced it with 100 E. Th Street. I have attached an updated RFP to reflect the change. Please note that the survey contractor mislabeled the survey report as 105 E. 101h Street when in fact the address is 100 E. 9th Street (former Crystal Ice Building). Chris Western � Planner 11/Project Manager 319-291-4365 chris.western@waterloo-ia.org Page 209 of 545 EXHIBIT"A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Total in written form: S e�e �1n r c Submitting Firm: S. [A Address: city: U r - — State: 37,-- zip: -5-1j3 2z Authorized Representative (print) Authorized Representative Signature Date: -26 2U Email: C. e S 10 Phone: s l 7 - .S Fax: S/S 777-Z 3 S S EXCEPTIONS/DEVIATIONS to.this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. SW 16 e- �v�, GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty(50) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA(It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number ) Date � ' 3'z0 Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid b U F, q? /= 54 e e,Lis , T.ke- r c.s $ r-o.V}A ; S U to f7,,- Lj s {•s pe 5 RFP FOR ASBESTOS ABATEMENT SF.RVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street, 140 E.Wh Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St.Mary's Church and School),and 1809 Black Hawk Street. Page 9 of 10 Page 210 of 545 Our "not to exceed" bid price for each property is: 118 Shilliam Avenue $ `Z� yoo , Do 179 Rebecca Lane $ 514 Johnson Street 100 E. 91t" Street $ 1004 Fulton Street $ 1100 Sycamore Street $ 2127 E. 4th Street (Former St. Mary's $ Church and School) �! 3 r 1809 Black Hawk Street $ 31 0 so Total $ 7 -3 1s o . I RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane,514 Johnson Street,100 E.91"Street, 1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St. Mary's Church and School),and 1809 Black Hawk Street. Page 10 of 10 Page 211 of 545 EXHIBIT"A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions,terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Total in written form: NE 14W1204 Porl 06))T'MOSM9 RW HVAAA 10 A-10 �LAS Submitting Firm: ADVAKE0 CNVIf�A^�lt'11ATAI TLJxn4b A jtk- Address; cKLAl'L ST city: _Q&,R-'9Ldo state: zip: 15078 Authorized Representative(print) 1 CM);-L-j?0JE Authorized Representative Signature _. Date: 9-26-26 Email: P11CHAEL•8612 (2AUAN(C7L11SIl)'pG1ji5T-faM Phone: 311-291-440 Fax: . 319-2$7-t*/q EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one; our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any,shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty(60)days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA(It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests forbid RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam,179 Rebecca Lane,574 Johnson Street,100 E.9"Street,1004 Fulton Street, 1100 Sycamore Street,2927 E.4th Street(Former St.Mary's Church and School),and 1809 Black Hawk Street. Page 9 of 10 Page 212 of 545 Our "not to exceed" bid price for each property is: 118 Shilliam Avenue $ I q OD.Oo i 179 Rebecca Lane $ I,Soy •40 514 Johnson Street �.0 b 100 E. 91h Street $ ' OW . 60 1004 Fulton Street $ gob.ad 1100 Sycamore Street 2127 E. 4th Street(Former St. Mary's $ Church and School) q 50v, 60 1809 Black Hawk Street $ Total 15g ,`i60 , 40 RFP FOR ASBESTOS ABATEMENT SERV[CES:118 Shilliam,179 Rebecca Lane,514 Johnson Street,100 E.91^Street,1004 Fulton Street, 1100 Sycamore Street,2127 E.4th Street(Former St.Mary's Church and School),and 1809 Black Hawk Street. Page 10 of 10 Page 213 of 545 CITY OF WATERLOO Council Communication Asbestos abatement services, Contract No. AB-2020-08-1P, for property located at 120 Center Street. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Aerial Photo Backup Material ❑ Photos Backup Material ❑ Black Hawk County Assessors Detailed Report Backup Material ❑ RFP-Contract#AB-8-2020-1P Backup Material ❑ Bid Tab Contract#AB-8-2020-1P Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding asbestos abatement bid to Abatement Specialties, LLC, of Cedar Rapids, Iowa, and approving Contract No. AB-2020-08-1P, bond and certificate of insurance, in conjunction with asbestos abatement services at 120 Center Street, in the amount of$11,290, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval 120 Center Street was acquired through Iowa Code 657A. Staff is working Summary Statement: with B&B Lawn Care which is located adjacent to 120 Center Street to purchase the property for the expansion of there business. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. The property contained a bulk oil facility for nearly 70 years before closing in the late 1960s. Available historical records depicted an oil and grease warehouse, numerous above ground storage tanks, coal storage, and a railroad siding associated with the operation. It later transitioned to a welding supply Background Information: shop for approximately two decades before becoming an auto repair/detailer in 2000 but has been vacant since 2001. Page 214 of 545 Page 215 of 545 7/27/2020 Printable Map Output Black Hawk County Parcel Map Parcel ID: 8913-23-231-002 Deed Holder: CITY OF WATERLOO Parcel Address: 120 CENTER ST, WATERLOO, IA 50703 Legend Selected parceldim Features roatl na me_ C, I LJI hospital parial Photos C L'�{''J[-airport 51ack Hawk Co. firetlept parks_ parks - twprng Sys" Railroads Townships x l Parcels 1 � r�'y _1 RlBhis or.Way '� '.ry,i - /� Township } of City Lines ' Sr ` ra ilroad_dim � rroaddim _ f k r 152.65 267.23 r 130.12 _ 4 '65 _ - - 4 A. F - r_ LA Map-frcalad—wrl h AmIMSCapYrlg hi INC 11992.2001 CSRiIn'� i Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo,Iowa 50703-4774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal E-mail:auditor@co.black-hawk.ia.us.org information. Page 216 of 545 7/27/2020 Black Hawk County Property Photos There are 2 photos of parcel 891323231002. Click a number to see an image:1 2 r NOT f www2.co.black-hawk.ia.us/website/bhmap/bhParimages.asp?apn=891323231002&arg=photo Page 217 of 545 7/27/2020 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-23-231-002 CITY OF WATERLOO CITY OF WATERLOO TTN: FINANCE DEPARTMENT PDF Map Area Contract Buyer 715 MULBERRY ST No. WATERLOO, IA 50703 17 PDF 13 WAREHOUSE/SHOP WA-E PropertAddressCurrent Recorded Transfer 120 CENTER ST Date Drawn Date Filed Recorded Document pe LWATERLOO, IA 50703 6/24/2016 6/27/2016 12016 022401 ID SALES BUILDING PERMIT Date Amount NUTC/Type None 11/17/20141,179 FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12/Deed 2/20/2004 3,949 SHERIFF OR TAX SALE- PRIOR 09/ Deed 2/20/1961 150,000 FULFILLMENT OF PRIOR YEAR CONTRACT- PRIOR 09/ Deed ASSESSED VALUES/CREDITS Year Class 2020 Values as approved by the Board of Review E 100% Land Dwelling Building Total cres Value 16,070 0 119,130 135,200 10 axable Land IDwelling IBuildingotal slue 0 10 10 10 Year Class 2019 E 100% Land Dwelling Building otal cres Value 16,070 0 19,130 35,200 Lo Taxable Land ]DwellingBuildin otal Value 0 0 0 10 Year Class 2018 E 100% Land Dwelling Buildin Total cres Value 16,070 0 119,130 135,200 0 axable Land Dwelling IBuilding [Total alue 0 10 110 10 Year Class 2017 E 100% Land Dwelling IBuilding otal cres Value 16,070 10 119,130 135,200 10 Taxable Land IDwelling IBuilding otal alue 0 10 110 10 www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 218 of 54 7/27/2020 Black Hawk County Detailed Parcel Report TAX INFORMATION ASSESSMENT YEAR 2018 PAYABLE 2019/2020 Tax District 941311 -WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value Military Exemption [359.49347 evy Rate Gross Tax Net Tax Corp 0 0 0 $0.00 $0.00 Nocorp 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief g amily Farm Business Property Tax Credit Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 J$0.00 $0.00 Nocorp $0.00 ABBREVIATED LEGAL SSESSOR LELANDS PLAT NO 1 PAR T LOT 5 DESC AS E 267.23 FT LO T 5 AS MEASURED ALONG S LINE S AID LOT LAND Basis Front Rear Side 1 Side 2 Lot Irea cres Acres x 1131101.84 0.714 Rate Totals: 1 131101.84 0.714 COMMERCIAL BUILDINGS AND ADDITIONS Type Description ear Built rea IStories Warehouse B1-1S BRK 11929 13336 11 Style Brick/Blk-Wood Additional Base Square Feet 3,336 Information Basement Square Feet 0 GBA Square Feet 8300 Plumbing Item Quantit L Toilet Room 2 item Quantity Canopy- Metal 240 Loading Dock 240 Adjustment Loading Dock 240 4Description internal Wheat only 750 none 2796 dock level adjustment 3336 ExtraItem Count Extended Description 1 O.H. Door- Manual, 5 Ft Wide, 6 Ft High Description Size Exterior Wall Solid Brick- 12 0: LF Interior Wall Unfinished 0: LF Interior Wall Plaster on Lath 0: LF Windows Incl. w/Base 0: LF of Wall Verticals & Fronts/Doors Incl. w/Base 0: LF Horizontals Roof 3-Ply Compo/Wood Deck 3336: SF Ceiling Unfinished 3336: SF/Story Ceiling Composition Block 0: SF/Story Struct. Floor Dock Level R'Con 3336: SF Framing Wood -Average 3336: SF HVAC Steam - (1 Pipe) 3336: SF Type IDescription ear Built rea IStories Warehouse 1-1S BRK 11929 1364 11 Additional IStyle Brick/ Bilk-Wood Information Base Square Feet 364 11 Pa e 219 of 5^F www2.co.black-ha g Z75' 7/27/2020 Black Hawk County Detailed Parcel Report Basement Square Feet 0 GBA Square Feet 8300 Item Quantity Adjustment Heat-none 364 Electric- none 364 Extras Descri tion 11tern Count Extended Description Garage 11 1343 SF, Frame, Low Pricing Description Size Exterior Wall Solid Brick-8" 0: LF Interior Wall Unfinished 0: LF Windows Incl. w/Base 0: LF of Wall Verticals & Fronts/Doors Incl. w/Base 0: LF Horizontals Roof 3-Ply Compo/Wood Deck 364: SF Ceiling Unfinished 364: SF/Story Struct. Floor 4" R'Concrete 364: SF Framing Wood -Average 364: SF HVAC No HVAC 364: SF Type IDescription ear Built rea IStories Manufacturin (Light) 2-2S BRK 11929 11800 12 Style Brick/Blk-Wood Additional Base Square Feet 1,800 Information Basement Square Feet 0 GBA Square Feet 8300 Item Quantity Adjustment Floor-dock level adjustment 1800 Heat-none 1800 Extras Description Item Count Extended Description Door 1 JO.H. Door- Manual, 6 Ft Wide, 8 Ft High Description Size Exterior Wall Solid Brick- 12 0: LF Interior Wall Unfinished 0: LF Windows Incl. w/Base 0: LF of Wall Verticals & Fronts/Doors Incl. w/Base 0: LF Horizontals Roof 3-Ply Compo/Wood Deck 1800: SF Ceiling Plaster and Lath 1800: SF/Story Struct. Floor Dock Level R'Con 1680: SF Framing Wood -Average 1800: SF HVAC No HVAC 1800: SF Type =Description ear Built rea IStories Manufacturing (Light) 3-1S BRK 11929 11000 11 Style Brick/Blk-Wood Additional Base Square Feet 1,000 Information Basement Square Feet 0 GBA Square Feet 8300 Item Quantity Adjustment Heat-none 1000 Floor-dock level adjustment 1000 Electrical -explosion proof li hti 1000 Verticals & DescriptionP03: ize Horizontals Exterior Wall Solid Brick- 12 LF Interior Wall Unfinished 10: : LF Windows Incl. w/Base : LF of Wall Fronts/Doors Incl. w/Base LF Roof 3-Ply Compo/Wood Deck 1000: SF www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 ageO -4� 7/27/2020 Black Hawk County Detailed Parcel Report Ceiling Unfinished 1000: SF/Story Struct. Floor Dock Level R'Con 1000: SF Framing Wood -Average 1000: SF HVAC No HVAC 1000: SF Type IDescription IYear Built rea IStories lW - arehouse B2-1 S BRK 1914 11200 11 Style Brick/Blk-Wood Additional Base Square Feet 1,200 Information Basement Square Feet 0 GBA Square Feet 1200 Item Quantity Adjustment Heat-none 1200 Plumbing - no whse LS 1 Extras Description 11tern Count lExtended Description Door 11 ISteel Roll - Manual, 16 Ft Wide, 10 Ft High Description Size Exterior Wall Solid Brick- 12 0: LF Interior Wall Unfinished 0: LF all Facing Incl. w/Walls 0: SF Windows Incl. w/Base 0: LF of Wall Verticals & HorizontFronts/Doors Incl. w/Base 0: LF als Roof 3-Ply Compo/Mtl Deck 1200: SF Ceiling Unfinished 1200: SF/Story Struct. Floor R'Concrete 4" 1200: SF Framing Wood -Average 1200: SF HVAC No HVAC 1200: SF YARD EXTRAS Description ear Built lQuantity Plot No. JExtended Description Fencing-Chain 11930 11 1 JNo Barbs, 6 Ft-Hgh, 172 LF, 0 LF-Gates Entry Status: Estimated www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 221 of 545 7/27/2020 Black Hawk County Detailed Parcel Report 44 LOAD DOCK 62 20 [1048] 40 25 A3-1S BRK [1000] A2-2S BRK [1800] 42 52 28 LOAD DOCK 36 10 12 [240] CANOPY [240] 72 B1-1S BRK [3336] 62 LOAD DOCK [240] 40 <30 B2-1S BRK [1200] 8 A1-1S BRK FR GAR [364] 26 27 [343] 14 13 Date Website Last Updated: 07/24/2020 www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 222 of 545 CITY OF WATERLOO , IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement Contract #AB-2020-08-1 P 120 Center Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Chris Western-Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 223 of 545 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 13, 2020 at 1:00 p.m.. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: Monday August 27, 2020 Mandatory Walk Thru Date: Mandatory Walk Thru is Wednesday August 5, 2020 at 11 a.m. Deadline for Proposal Submittal: 1:00 p.m. Thursday August 13, 2020 Submit Sealed Proposal to SEALED RFP FOR Asbestos Abatement Services Contract #AB-2020-08-1 P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday August 13, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 17, 2020. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pape oe 32$of 545 f anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P-Pae 32A of 545 ge o SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks beginning August 17, 2020 to September 14, 2020. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal)from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pape 32A of 545 ge o 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pape ?527 of 545 ge of 9 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 120 Center Street 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pape 32A of 545 ge o circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- 7. HOLD HARMLESS AGREEMENT - The Contractor The word CITY refers to the CITY OF WATERLOO, agrees to protect, defend, indemnify and hold harmless IOWA throughout these Instructions and Terms and the City of Waterloo, its officers and employees, their Conditions. Similarly, PROPOSER refers to the person agencies and agents, from any and all claims and or company submitting an offer to sell its goods or damages of every kind and nature made, rendered or services to the CITY, and CONTRACTOR refers to the incurred by or in behalf of every person or corporation successful bidder. whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any 2. PROPOSER QUALIFICATIONS - No Proposal shall be acts, actions, work or other activity done by the accepted from, and no Contract will be awarded to, any Contractor, its employees, subcontractors or any person, firm or corporation that is in arrears to the City independent contractors working under the direction of upon debt or Contract, that is a defaulter, as surety or either the Contractor or subcontractor in the otherwise, upon any obligation to the City, or that is performance of this Contract. deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit 8. PROPOSAL REJECTION OR PARTIAL ACCEP- satisfactory evidence that they have a practical TANCE -The City reserves the right to reject any or all knowledge of the particular supply/service proposal and Proposals. The City further reserves the right to waive that they have the necessary financial resources to technicalities and formalities in Proposals, as well as to provide the proposed supply/service as described in this accept in whole or in part such Proposals where it is Request for Proposal. deemed advisable in protection of the best interests of the City. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR-Any deviation from this specification MUST 9. PROPOSAL CURRENCY/LANGUAGE - All proposal be noted in detail, and submitted in writing in the prices shall be shown in US Dollars ($). All prices must Proposal. Completed specifications should be attached remain firm for the duration of the Contract regardless of for any substitutions offered, or when amplifications are the exchange rate. All proposal responses must be desirable or necessary.The absence of the specification submitted in English. deviation statement and accompanying specifications will hold the Proposer strictly accountable to the 10. PAYMENTS - Payments will be made for all specifications as written herein. Failure to submit this goods/services delivered, inspected and accepted within document of specification deviation, if applicable, shall 45 days and on receipt of an original invoice. be grounds for rejection of the item when offered for 11. MODIFICATION, ADDENDA & INTERPRETATIONS delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should Any apparent inconsistencies, or any matter requiring be clearly shown on each document. explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding 4. COLLUSIVE PROPOSAL - The Proposer certifies that weekends and holidays) prior to the time set for the the proposal submitted by said Proposer is done so Proposal opening. Any and all such interpretations or without any previous understanding, agreement or modifications will be in the form of written addenda. All connection with any person, firm, or corporation making addenda shall become part of the Contract documents a proposal for the same Contract, without prior and shall be acknowledged and dated on the signature knowledge of competitive prices, and it is, in all page. respects, fair, without outside control, collusion, fraud or otherwise illegal action. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and 5. SPECIFICATION CHANGES, ADDITIONS AND regulations of a governmental body having jurisdiction DELETIONS-All changes in Proposal documents shall shall apply to the award throughout as the case may be, be through written addendum. Verbal information and are incorporated here by reference. obtained otherwise will NOT be considered in awarding of Proposals. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by 6. PROPOSAL CHANGES - Proposals, amendments the City. thereto, or withdrawal requests received after the time 14. ELECTRONIC SUBMITTAL Telegraphic and/or advertised for Proposal opening, will be void regardless of when they were mailed. proposal offers sent by electronic devices (e.g.facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pape o 9 e 229 of 545 adequate time for delivery of their proposal either by 18. TAXES-The City of Waterloo is exempt from sales tax airfreight, postal service,or other means. and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices 15. CANCELLATION-Either party may cancel the award in before payment is made. the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or 19. PROPOSAL INFORMATION IS PUBLIC — All in the event that such party makes an assignment for documents submitted with any proposal and the the benefit of creditors. proposal shall become public documents and subject to Iowa Code Chapter 22,which is otherwise known as the 16. ASSIGNMENT - Proposer shall not assign this order or "Iowa Open Records Law". By submitting any document any monies to become due hereunder without the prior to the City of Waterloo in connection with a proposal, written consent of the City. Any assignment or attempt the submitting party recognized this and waives any at assignment made without such consent of the City claim against the City of Waterloo and any of its officers shall be void. and employees relating to the release of any document 17. EQUAL OPPORTUNITY - The successful firm agrees or information submitted. not to refuse to hire, discharge, promote, demote, or to Each submitting party shall hold the City of Waterloo otherwise discriminate in matters of compensation and its officers and employees harmless from any against any person otherwise qualified solely because claims arising from the release of any document or of age, race, color, religion, sex, sexual orientation, information made available to the City of Waterloo gender identity, marital status, national origin, arising from any proposal opportunity. citizenship status,disability, or veteran status. RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pape PQ of 545 ge o EXHIBIT"A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our"not to exceed" bid price for each property is: 120 Center Street $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pape of e 33fl of 545 Asbestos Abatement @ 120 Center Street Bid Tab: August 27, 2020 Engineer's Estimate: $11,000 Bidder Bid Security Total Bid Amount REW Services Corp 5% $33,232 Des Moines, IA Advanced Environmental Waterloo, IA 5% $13,500 Abatement Specialties, LLC 5% $11,290 Cedar Rapids, IA Environmental Property Solutions ° Urbandale, IA 5/0 $15,800 Active Thermal Concepts 5% $78,625 Hiawatha, IA Page 232 of 545 CITY OF WATERLOO Council Communication Demolition services, Contract No. D-2020-08-1P for property located at 120 Center Street. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ RFP-#D-2020-08-1P Backup Material ❑ Bid Specs Cover Memo ❑ Aerial Photo Backup Material ❑ Photo Backup Material ❑ Black Hawk County Assessors Detailed Report Backup Material ❑ 120 Center Street Building Sketches Backup Material ❑ Bid Tab Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding contract No. D-2020-08-1P, to Schrader Excavating& Grading, of Walford, Iowa, in the amount of 5129,900, in conjunction with demolition services at 120 Center Street, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval 120 Center Street was acquired through Iowa Code 657A. Staff is working Summary Statement: with B&B Lawn Care which is located adjacent to 120 Center Street to purchase the property for the expansion of their business by separate development agreement. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. The property contained a bulk oil facility for nearly 70 years before closing in the late 1960's. Available historical records depicted an oil and grease warehouse, numerous above ground storage tanks, coal storage, and a Background Information: Page 233 of 545 railroad connection associated with the operation. It later transitioned to a welding supply shop for approximately two decades before becoming an auto repair/detailer in 2000 but has been vacant since 2001. Page 234 of 545 CITY OF WATERLOO , IOWA Request for Bid Demolition RFP Contract #D-2020-08-1 P DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] 120 Center Street Prepared by City of Waterloo Planning and Zoning Department Chris Western Planner II/Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 20 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 235 of 545 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 20, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR DEMOLITION SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Bid: DEMOLITION AND SITE CLEARANCE SERVICES- 120 Center Street Date of Issuance: July 29, 2020 Walk thru Date: Mandatory Walk Thru Date is August 5, 2020 at 11:00 a.m. Deadline for Bid Submittal: Thursday August 20, 2020 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) 120 Center Street Contract #D-2020-08-1 P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner/Project Manager E-mail Address: chris.western(a)-waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No RFP FOR DEMOLITION SERVICES(no RACM): 120 Center Street Page 236 of 545 responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4.1 Bids will be opened on Thursday August 20, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 24, 2020. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. RFP FOR DEMOLITION SERVICES(no RACM): 120 Center Street Page 237 of 545 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". RFP FOR DEMOLITION SERVICES(no RACM): 120 Center Street Page 238 of 545 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (8) weeks be- inning August 24, 2020 to October 12, 2020. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR DEMOLITION SERVICES(no RACM): 120 Center Street Page 239 of 545 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for: 120 Center Street 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. RFP FOR DEMOLITION SERVICES(no RACM): 120 Center Street Page 240 of 545 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFP FOR DEMOLITION SERVICES(no RACM): 120 Center Street Page 241 of 545 EXHIBIT""A" SIGNATURE PAGE 120 Center Street The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the site is, not to exceed: 120 Center Street $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid Page 242 of 545 EXHIBIT `B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF 120 Center Street [No Regulated asbestos containing materials (Non-RA CM)J PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Chris Western, Planner II/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees, structures, cement slabs, and driveways, trash, rubbish,basement walls, floors, foundations, steps,planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks, driveways, and the like from the specified property. B. Remove any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells. As to cisterns, section 2.14 also applies. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance. H. Complete the demolition work in accordance with the plans and these technical specifications. Page 243 of 545 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include,but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. 2 Page 244 of 545 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals,power poles, telephone poles, fire alarm boxes, wire cables,pole guys,underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities,which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition whether or not the property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 3 Page 245 of 545 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible,responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property address will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 4 Page 246 of 545 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings,building materials, contents of buildings, appliances, trash, rubbish, basements, foundations, and steps from the site; disconnection of utilities; grading of disturbed areas; placing and removing safety fencing; removal of septic tanks and cisterns; removal or capping of wells; and other work as necessary to complete the project. B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on the project (excluding any Limited Notice to Proceed). It is anticipated that the City will issue a Notice to Proceed immediately for purposes of completing required utility disconnect work. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material break of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees 5 Page 247 of 545 carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and employees, shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. If basements or crawl spaces are present they must be completely removed and backfilled. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property or the items noted above. Where such Landscape structures or signs are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of any tree or brush removal due to the removal and grading out of any landscape structures or signs will be considered incidental and shall be included in the lump-sum bid for demolition. E. Fences: Fences, guardrails, and similar facilities shall be completely removed from the site. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other trees, stumps, bushes, vegetation,brush and weeds, whether standing or fallen. H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 6 Page 248 of 545 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the `Explosimeter" shall be done in the presence of the City's Representative by competent personnel. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires,Household Hazardous Waste,White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste)will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. 7 Page 249 of 545 D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public,private property and public infrastructure. E. White Solid Material in Basement: The white solid material in basement has been sampled from the perimeter of the structure and has been deemed a neutral ph solid and deemed eligible for non-hazardous stabilization and landfill disposal. However, more samples are recommended from within the structure. Therefore, the contractor shall deconstructed the building in a manner that will allow samples to be taken before the material is disturbed and shall not remove any of the material until lab results have returned and deem all of the material as non-hazardous and able to be disposed of at the landfill. (Please see attached Hazardous Materials Inventory Document, samples 13 — 16, and sample location photos). F. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 Final Cleaning Up: a. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. b. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces,parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the 8 Page 250 of 545 premises on a weekly basis. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be securely fenced. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with private utility companies for disconnection of services, including, but not limited to, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction within City Right-of-Way: I. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets. The Contractor shall pay the cost. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted. 3. Basements: Shall be backfilled with clean fill according to SUDAS specs. 2.08 EROSION CONTROL All sites: 1. Control off-site vehicle track out(stabilized entrance) 2. Controls at downslope perimeter: a. Prevent sediment from reaching neighboring properties or drainage infrastructure; this can be done through vegetative buffers, silt fence or wattles depending on setting b. Protect on-site or adjacent storm water intakes as needed, typically done with filter sock or inlet bag c. Stabilize after completion For any Sites over one acre of disturbance: 1. Meet all requirements stipulated above 9 Page 251 of 545 2. Develop a storm water pollution prevention plan and submit to city engineer's office for approval 3. Attain GP2 authorization from the Iowa DNR 4. Comply with all requirements of GP2 and City of Waterloo municipal code of ordinances 8- 413: Construction Site Erosion and Sediment Control, including completion of weekly site inspections 5. Contact city engineers office for pre-construction inspection prior to land disturbance 6. Contact city engineers office for post-construction inspection prior to permit closure 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site adequate enough to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. C. Demolition Techniques: The Contractor shall employ good demolition techniques, which includes, but is not limited to: 1. Using demolition techniques that minimize ground disturbance. All trees and shrubs shall be removed from entire site. 2. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 3. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce excessive exposure to airborne material. 4. Tarping loads and otherwise preventing material from becoming airborne during hauling. 5. Manual cleaning of the demolition site to remove all materials from the site. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 10 Page 252 of 545 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill—refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste)to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI. 2.15 PRICING This is a lump sum contract; all bids bid components are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 11 Page 253 of 545 7/27/2020 Printable Map Output Black Hawk County Parcel Map Parcel ID: 8913-23-231-002 Deed Holder: CITY OF WATERLOO Parcel Address: 120 CENTER ST, WATERLOO, IA 50703 Legend Selected parceldim Features roatl na me_ C, I LJI hospital parial Photos C L'�{''J[-airport 51ack Hawk Co. firetlept parks_ parks - twprng Sys" Railroads Townships x l Parcels 1 � r�'y _1 RlBhis or.Way '� '.ry,i - /� Township } of City Lines ' Sr ` ra ilroad_dim � rroaddim _ f k r 152.65 267.23 r 130.12 _ 4 '65 _ - - 4 A. F - r_ LA Map-frcalad—wrl h AmIMSCapYrlg hi INC 11992.2001 CSRiIn'� i Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo,Iowa 50703-4774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal E-mail:auditor@co.black-hawk.ia.us.org information. Page 254 of 545 7/27/2020 Black Hawk County Property Photos There are 2 photos of parcel 891323231002. Click a number to see an image:1 2 r NOT f www2.co.black-hawk.ia.us/website/bhmap/bhParimages.asp?apn=891323231002&arg=photo Page 255 of 545 7/27/2020 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-23-231-002 CITY OF WATERLOO CITY OF WATERLOO TTN: FINANCE DEPARTMENT PDF Map Area Contract Buyer 715 MULBERRY ST No. WATERLOO, IA 50703 17 PDF 13 WAREHOUSE/SHOP WA-E PropertAddressCurrent Recorded Transfer 120 CENTER ST Date Drawn Date Filed Recorded Document pe LWATERLOO, IA 50703 6/24/2016 6/27/2016 12016 022401 ID SALES BUILDING PERMIT Date Amount NUTC/Type None 11/17/20141,179 FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12/Deed 2/20/2004 3,949 SHERIFF OR TAX SALE- PRIOR 09/ Deed 2/20/1961 150,000 FULFILLMENT OF PRIOR YEAR CONTRACT- PRIOR 09/ Deed ASSESSED VALUES/CREDITS Year Class 2020 Values as approved by the Board of Review E 100% Land Dwelling Building Total cres Value 16,070 0 119,130 135,200 10 axable Land IDwelling IBuildingotal slue 0 10 10 10 Year Class 2019 E 100% Land Dwelling Building otal cres Value 16,070 0 19,130 35,200 Lo Taxable Land ]DwellingBuildin otal Value 0 0 0 10 Year Class 2018 E 100% Land Dwelling Buildin Total cres Value 16,070 0 119,130 135,200 0 axable Land Dwelling IBuilding [Total alue 0 10 110 10 Year Class 2017 E 100% Land Dwelling IBuilding otal cres Value 16,070 10 119,130 135,200 10 Taxable Land IDwelling IBuilding otal alue 0 10 110 10 www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 256 of 54 7/27/2020 Black Hawk County Detailed Parcel Report TAX INFORMATION ASSESSMENT YEAR 2018 PAYABLE 2019/2020 Tax District 941311 -WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value Military Exemption [359.49347 evy Rate Gross Tax Net Tax Corp 0 0 0 $0.00 $0.00 Nocorp 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief g amily Farm Business Property Tax Credit Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 J$0.00 $0.00 Nocorp $0.00 ABBREVIATED LEGAL SSESSOR LELANDS PLAT NO 1 PAR T LOT 5 DESC AS E 267.23 FT LO T 5 AS MEASURED ALONG S LINE S AID LOT LAND Basis Front Rear Side 1 Side 2 Lot Irea cres Acres x 1131101.84 0.714 Rate Totals: 1 131101.84 0.714 COMMERCIAL BUILDINGS AND ADDITIONS Type Description ear Built rea IStories Warehouse B1-1S BRK 11929 13336 11 Style Brick/Blk-Wood Additional Base Square Feet 3,336 Information Basement Square Feet 0 GBA Square Feet 8300 Plumbing Item Quantit L Toilet Room 2 item Quantity Canopy- Metal 240 Loading Dock 240 Adjustment Loading Dock 240 4Description internal Wheat only 750 none 2796 dock level adjustment 3336 ExtraItem Count Extended Description 1 O.H. Door- Manual, 5 Ft Wide, 6 Ft High Description Size Exterior Wall Solid Brick- 12 0: LF Interior Wall Unfinished 0: LF Interior Wall Plaster on Lath 0: LF Windows Incl. w/Base 0: LF of Wall Verticals & Fronts/Doors Incl. w/Base 0: LF Horizontals Roof 3-Ply Compo/Wood Deck 3336: SF Ceiling Unfinished 3336: SF/Story Ceiling Composition Block 0: SF/Story Struct. Floor Dock Level R'Con 3336: SF Framing Wood -Average 3336: SF HVAC Steam - (1 Pipe) 3336: SF Type IDescription ear Built rea IStories Warehouse 1-1S BRK 11929 1364 11 Additional IStyle Brick/ Bilk-Wood Information Base Square Feet 364 Page 257 of 5 www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn�� =891323231002 g 45' 7/27/2020 Black Hawk County Detailed Parcel Report Basement Square Feet 0 GBA Square Feet 8300 Item Quantity Adjustment Heat-none 364 Electric- none 364 Extras Descri tion 11tern Count Extended Description Garage 11 1343 SF, Frame, Low Pricing Description Size Exterior Wall Solid Brick-8" 0: LF Interior Wall Unfinished 0: LF Windows Incl. w/Base 0: LF of Wall Verticals & Fronts/Doors Incl. w/Base 0: LF Horizontals Roof 3-Ply Compo/Wood Deck 364: SF Ceiling Unfinished 364: SF/Story Struct. Floor 4" R'Concrete 364: SF Framing Wood -Average 364: SF HVAC No HVAC 364: SF Type IDescription ear Built rea IStories Manufacturin (Light) 2-2S BRK 11929 11800 12 Style Brick/Blk-Wood Additional Base Square Feet 1,800 Information Basement Square Feet 0 GBA Square Feet 8300 Item Quantity Adjustment Floor-dock level adjustment 1800 Heat-none 1800 Extras Description Item Count Extended Description Door 1 JO.H. Door- Manual, 6 Ft Wide, 8 Ft High Description Size Exterior Wall Solid Brick- 12 0: LF Interior Wall Unfinished 0: LF Windows Incl. w/Base 0: LF of Wall Verticals & Fronts/Doors Incl. w/Base 0: LF Horizontals Roof 3-Ply Compo/Wood Deck 1800: SF Ceiling Plaster and Lath 1800: SF/Story Struct. Floor Dock Level R'Con 1680: SF Framing Wood -Average 1800: SF HVAC No HVAC 1800: SF Type =Description ear Built rea IStories Manufacturing (Light) 3-1S BRK 11929 11000 11 Style Brick/Blk-Wood Additional Base Square Feet 1,000 Information Basement Square Feet 0 GBA Square Feet 8300 Item Quantity Adjustment Heat-none 1000 Floor-dock level adjustment 1000 Electrical -explosion proof li hti 1000 Verticals & DescriptionP03: ize Horizontals Exterior Wall Solid Brick- 12 LF Interior Wall Unfinished 10: : LF Windows Incl. w/Base : LF of Wall Fronts/Doors Incl. w/Base LF Roof 3-Ply Compo/Wood Deck 1000: SF www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 ageO -4� 7/27/2020 Black Hawk County Detailed Parcel Report Ceiling Unfinished 1000: SF/Story Struct. Floor Dock Level R'Con 1000: SF Framing Wood -Average 1000: SF HVAC No HVAC 1000: SF Type IDescription IYear Built rea IStories lW - arehouse B2-1 S BRK 1914 11200 11 Style Brick/Blk-Wood Additional Base Square Feet 1,200 Information Basement Square Feet 0 GBA Square Feet 1200 Item Quantity Adjustment Heat-none 1200 Plumbing - no whse LS 1 Extras Description 11tern Count lExtended Description Door 11 ISteel Roll - Manual, 16 Ft Wide, 10 Ft High Description Size Exterior Wall Solid Brick- 12 0: LF Interior Wall Unfinished 0: LF all Facing Incl. w/Walls 0: SF Windows Incl. w/Base 0: LF of Wall Verticals & HorizontFronts/Doors Incl. w/Base 0: LF als Roof 3-Ply Compo/Mtl Deck 1200: SF Ceiling Unfinished 1200: SF/Story Struct. Floor R'Concrete 4" 1200: SF Framing Wood -Average 1200: SF HVAC No HVAC 1200: SF YARD EXTRAS Description ear Built lQuantity Plot No. JExtended Description Fencing-Chain 11930 11 1 JNo Barbs, 6 Ft-Hgh, 172 LF, 0 LF-Gates Entry Status: Estimated www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 259 of 545 7/27/2020 Black Hawk County Detailed Parcel Report 44 LOAD DOCK 62 20 [1048] 40 25 A3-1S BRK [1000] A2-2S BRK [1800] 42 52 28 LOAD DOCK 36 10 12 [240] CANOPY [240] 72 B1-1S BRK [3336] 62 LOAD DOCK [240] 40 <30 B2-1S BRK [1200] 8 A1-1S BRK FR GAR [364] 26 27 [343] 14 13 Date Website Last Updated: 07/24/2020 www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 260 of 545 7/27/2020 Black Hawk County Building Sketches There is 1 building sketch of parcel 891323231002. 44 LOAD DOCK 62 20 [1048] 40 25 A3-1S BRK [1000] A2-2S BRK [1800] 42 52 28 LOAD DOCK 36 10 12 [240] CANOPY [240] 72 B1-1S BRK [3336] 62 LOAD DOCK [240] 30 40B2-1S BRK [1200] 8 Al-1S BRK FR GAR [364] 26 27 [343] 14 13 www2.co.black-hawk.ia.us/website/bhmap/bhParimages.asp?apn=891323231002&arg=sketch Page 261 of 545 Demolition and Site Clearance Services— 120 Center St Bid Tab: September 3, 2020 Bidder Bid Security Total Bid Amount Lehman Trucking & Excavating Inc 5% $2629542 Waterloo, IA Schrader Excavating & Grading 5% $129,900 Walford, IA Page 262 of 545 CITY OF WATERLOO Council Communication Five Sullivan Brothers Convention Center Addition and Lobby Renovation. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Public Hearing Notice Backup Material ❑ Public Comment 1 Backup Material ❑ Public Comment-2 Backup Material ❑ Bid Tab Backup Material Motion to receive and file proof of publication of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Building Department for review. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Page 263 of 545 On Proposed Pians, Specifications, Form of Contract, And Estimate of Cost For the FIVE SULLIVAN BROTHERS CONVENTION CEN'T'ER ADDITION AND RENOVA'T'ION In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 13th day of August, 2020 until 1:00 p.m. for the construction of the 5 Sullivan Brothers Convention Center Addition and Lobby Renovation Project, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 27"i day of August. 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on the 871'day of September, 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORD The project consists of an addition to the two entrances along 4th Street, which will include additional lobby space and a new elevator adjacent to the existing skywalk. Along with that work, there will be renovation work to the existing lobby, which will include new floors, paint and ceilings, along with replacing the escalators with two new sets of stairs. The lower level meeting rooms will also receive an update to finishes and the new windows will be installed between the exhibition hall and the lobby, and related work indicated in the drawings and specifications. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments(d) waterloo-ia.org and they will be read during the public s hearing. Please state the public hearing item on which you wish to speak. Members of the public f Page 264 of 545 may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 12th day of August, 2020. Kelley Felchle, City Clerk City of Waterloo, Iowa Page 265 of 545 KELLEY FELCHLE From: Kendra Wyatt Sent: Tuesday, September 8, 2020 9:13 AM To: QUENTIN HART; KELLEY FELCHLE Subject: FW:The Convention Center From:John Beckman <jmackb@mchsi.com> Sent: Monday, September 7, 2020 9:16 AM To: Mayor<Mayor@WATERLOO-IA.ORG>; Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG>; Dave Boesen <Dave.Boesen@WATERLOO-IA.ORG>; Margaret Klein<Margaret.Klein@WATERLOO-IA.ORG>;Jonathan Grieder <Jonathan.Grieder@WATERLOO-IA.ORG>; Pat Morrissey<Pat.Morrissey@WATERLOO-IA.ORG>;Jerome Amos Jr <Jerome.Amos@WATERLOO-IA.ORG>; Ray Feuss<Ray.Feuss@WATERLOO-IA.ORG> Cc: 'Ana Hanisch' <ana@singlespeedbrewing.com>; 'Dave Buck' <iowadave68@hotmail.com>; 'C.A. Clark' <ca.clark@milespartnership.com>; 'Joy Briscoe'<briscoej@waterlooschools.org>; 'Lauren Finke' <lauren_finke@vccv.org>;tompowers.waterloo@gmail.com; 'Rosa Grant' <grantrosap@johndeere.com>; 'Oksana Grybovych'<oksana.grybovych@uni.edu>; 'Tim Harwood'<radio@waterlooblackhawks.com>; 'Nick Hedrick' <nhedrick@cfholiday.com>; 'Caleb Krecklow' <1866d i rector@ hy-vee.com>; 'Dharmendra Patel' <medha601@mchsi.com>; 'Laura Stammler' <laurast@veridiancu.org>; 'Tavis Hall' <Tavis@experiencewaterloo.com>; 'Christa Miehe' <Christa.Miehe@vgm.com> Subject:The Convention Center Dear Honorable Mayor Hart and City Council Members, I respectfully ask that during the September 8, 2020 City Council meeting you vote yes to approve 4 million dollars in bond funding which will support the ongoing renovations at the Waterloo Convention Center at Sullivan Brothers Plaza. These renovations will greatly enhance this facility and allows Waterloo to remain competitive with our neighboring communities as we solicit businesses and organizations to hold their events at our Convention Center. Improvements to this facility will augment the investments the city and private businesses have made to improve not only downtown Waterloo, but Waterloo as a whole. Developments like the RiverLoop Amphitheatre & Expo Plaza, the Cedar Valley SportsPlex, Single Speed Brewery, the Isle Casino, Lost Island Water Park and the amusement park that is presently under construction are only some of the attractions that keep drawing visitors to Waterloo. Due to the Covid-19 pandemic restrictions that are in place across the country, now is the time to make these much needed renovations so Waterloo is ready to welcome visitors and events back to town once this pandemic is behind us. So again, I ask that you vote yes to approve the 4 million dollars in bond funding for the Waterloo Convention Center. Thank you in advance for your thoughtful consideration to my request. Sincerely, i Page 266 of 545 John Beckman Vice-President Experience Waterloo Board of Directors z Page 267 of 545 KELLEY FELCHLE From: Kendra Wyatt Sent: Tuesday, September 8, 2020 8:48 AM To: QUENTIN HART; Margaret Klein;Jerome Amos Jr; Pat Morrissey;Jonathan Grieder; KELLEY FELCHLE Subject: FW: Convention Center support needed From: Christa Miehe<Christa.Miehe@vgm.com> Sent: Friday, September 4, 2020 11:43 AM To: Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG>; Dave Boesen <Dave.Boesen@WATERLOO-IA.ORG>; Ray Feuss <Ray.Feuss@WATERLOO-IA.ORG>; Mayor<Mayor@WATERLOO-IA.ORG> Subject: Convention Center support needed Good morning Councilwoman Juon, Councilmen Boesen and Feuss, and Mayor Hart, I am asking for your support of the resolution on Tuesday to set a date of hearing for September 14 for bond authority of$4 million for convention center renovations.As well as your vote in favor on 9/14 to approve the bond authority and award the construction contract so that improvements can begin immediately. As you know,these renovations are much needed and long overdue. As a veteran event professional, a former Waterloo CVB and Waterloo Airport board member, and a lifelong Waterloo resident I know how important these improvements will be to future events,visitor experience and economic impact in our city. I have been part of the convention center improvement committee, a group of concerned citizens and convention center users meeting for 18 months to plan and strategize what we need and how to bring these improvements to life. Our community would benefit greatly from the improvements planned, such as: -new floor in the lobby, removing the current uneven brick that is both loud and uncomfortable for guests -lobby expansion to push the entrances out even with the exterior walls, making more lobby space and adding much needed natural light in that space -desperately needed restroom improvements—enough said -removal of the ancient escalators and replacement with grand staircase and the addition of another passenger elevator Timing is a key element of the renovation plan, in that due to Covid there is minimal business that will be disrupted with these renovations. So taking swift action to move forward now is important. So far this is one of the only bright sides I've found from Covid. Improving this facility allows Waterloo to remain competitive with our neighboring communities.To keep attracting visitors here to Waterloo. It invests in an enormous piece of downtown real estate that could be another jewel in our crown like the Ampitheater,the Sports Plex,the casino, the water and amusement parks and so many more of our impressive developments. Your support of these funds and the construction contract to execute the improvements are imperative to the growth and success of our Waterloo community.The improvements have been carefully planned to bring the most bang for our buck, and the $4million is a reasonable dollar amount, even conservative. Likely$8-10 million could be used as so little investment has been made over the past 30 years into that building. i Page 268 of 545 I ask that you support these improvements and make an investment in our ability to host meetings and conventions in a facility that we can be proud of,that will draw visitors and business to downtown, and that will add to hotel/motel and other tax collections in our community. I appreciate you representing the need for approval of these improvements and your favorable vote. Thank you for your service to the City of Waterloo! CHRISTA MIEHE 'r O President, Marketing&Shared Services//Employee Owner Phone:319-274-8484 Mobile:319-961-1960 christa.miehe@vgm.com VGM.com 2 Page 269 of 545 Five Sullivan Brothers Convention Center Addition & Lobby Renovation Bid Tab: August 27, 2020 Engineer's Estimate: $4,400,000 Bidder Bid Total Bid Amount Security Base Bid: $6,654,000 Alt A-1: $6,000 Alt A-2: $56,000 Henkel Construction Co. Alt A-3: $875,0005% Alt A-4: $23,000 Mason City, IA Alt A-5: $360,000 Alt A-6: $148,000 (add helical piers Alt#1) No Bid Alt#2  AND $180,000 (deduct to remove/add footings) Base Bid: $6,265,000 Alt A-1: $45,000 Alt A-2: $70,000 Larson Construction Co. ° Alt A-3: $600,000 Independence, IA 5/0 Alt A-4: $22,000 Alt A-5: $350,000 Alt A-6: No Bid Alt#1  AND $50,000 (deduct to remove/add footings Alt #3) Base Bid: $6,061,000 Alt A-1: $46,000 Alt A-2: $61,000 Cardinal Construction Alt A-3: $568,000 Waterloo, IA 5% Alt A-4: $20,300 Alt A-5: $438,000 Alt A-6: $148,000 (add helical piers Alt#1) No Bid Alt#2 & #3 AND $692,700 (deduct to remove/add footings Alt#3) Base Bid: $6,049,000 Alt A-1: $45,000 Alt A-2: $73,792 Alt A-3: $458,437 PRO Commercial ° Alt A-4: $22,603 Huxley, IA 5/0 Alt A-5: $354,200 Alt A-6: $168,000 (add helical piers Alt#1) OR$320,000 (add minipiles Alt 2) No Bid Alt#3 AND $25,000 (deduct to remove/add footings Alt#3) Page 270 of 545 CITY OF WATERLOO Council Communication Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4(B)to allow for the recording of the Cedar Valley Crossing final plat, a ten(10)lot commerciaVindustrial subdivision, located southwest of 3353 Mamie Avenue that was not recorded within nine months after it was approved by the City Council on April 1, 2019. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Overview Map Backup Material ❑ Ariel Map Backup Material ❑ Staff Report Backup Material ❑ Final Plat Backup Material ❑ Legal Description and Certificate of Survey Backup Material ❑ Contract Waiver Backup Material ❑ Report of City Eng. Backup Material ❑ Deed of Dedication Backup Material Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4(B)to allow for the recording of the Cedar SUBJECT: Valley Crossing final plat, a ten(10) lot commerciaUindustrial subdivision, located southwest of 3353 Mamie Avenue that was not recorded within nine months after it was approved by the City Council on April 1, 2019. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-4(B) to allow for the recording of the Cedar Summary Statement: Valley Crossing final plat, a ten(10)lot commerciaVindustrial subdivision, located southwest of 3353 Mamie Avenue that was not recorded within nine months after it was approved by the City Council on April 1, 2019. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. The request would not have a negative impact on the neighborhood, as the area is designated for commercial and light industrial uses with a number of existing commercial uses to the north and west. Page 271 of 545 Highway 63/Sergeant Road is located adjacent to the property to the west and Mamie Avenue is located to the north. Highway 63/Sergeant Road is designated as a Principal Arterial Roadway. Mamie Avenue to the north of the property is designated as a local street. Mamie Avenue connects to "Lot 1 and Lot 10"on the Final plat and will be extended as part of the development to Tract A. The Future Land Use Map designates this site as Business Park: Professional Offices, Commercial with Compatible Light Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan.Also, the request would be in conformance with the Background Information: policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. The Final plat does show all the necessary information for the submission, such as a legal description, property lines with dimensions, proposed building dimensions, date, adjoining subdivisions, and engineer's certificate of survey, easements, right-of-way widths, deed of dedication, contract and petition waiver, and proper lot sequence. At the October 2, 2018 Planning, Programming and Zoning Commission meeting, the Commission unanimously recommended approval of the the final plat. The Council approved the final plat on April 1, 2019, but the plat has not been recorded, and Section 11-3-4(B)of the Subdivision Ordinance requires that the final plat be recorded within 9 months from the date of Council approval. LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST)ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST)ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET)MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES O1 MINUTES 55 SECONDS EAST Page 272 of 545 (NORTH 35 DEGREES 43 MINUTES EAST)ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) Legal Descriptions: ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES O1 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST)ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5,A DISTANCE OF 535.22 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL"C"FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST)ALONG THE NORTH LINE OF SAID PARCEL"C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL"C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST)ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST),A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36001'55" EAST. Page 273 of 545 City of Waterloo Planning, Programming and Zoning Commission October 2, 2018 B[a ask ?A-1����� R-2co p Ir o C9� JANE ST Z R-2, A-1 M-1 C-Z 63 R-3;C-Z A-1 o R-4 i� R-3 M-2,P C-P, C-2 to IY W.RIDGEWAY AVE 00 M-1 R-4,C-Z PNN. ATHENS DR ¢ R-3 a ° A-1 o M B-P �_ R-4�Pew o o CYCLONE DR g� IR-4 0 0 0� M-1 FTo 0 ' w TITAN TRAIL R-4,R-P_, QUAIL PLD � INE VIEW PL M-2,P R-4 2\' "Fti R-1 O� S\WEST R-3 Pr 4 N 0 �J NPyin r ZLLI U) �2• SqE� A-1 o C-2 KAMILLE CT M-1 W.SAN MARNAN DR �C r tiFRo O C-2,C-Z R-4,R-P 0. KIINE R, - U) C-2 spy R'P F: R-3 <9- RFS TA/� r �`} R 4Osry cq � Ge /5 Cp K B-P �� S SGSpgRTR-1 A-1 i^��• pSH ST Ri�GF °o KESTREL� / Rc. a�Fs �' w Rc. q LL ZAUDUBON D CR LL w*N SW of 3353 Marnie Avenue —�E Final Plat Request s Fusion Investments, LLC 1.000 500 0 1,000 Fee L Page 274 of 545 City of Waterloo City Council April 1, 2019 rt. is 63 r •h CYCLONE DR CYCLONE DR i Y 63 P� �4o �o CPQ 05, 3353 Marnie Avenue W11' 63 TITAN TR 63 Q� Area to be Platted �o o PINE VIEW PL h 63 63 V. 5� ! 63 �o WEST HILLS<N r 63 y J N SW of 3353 Marnie Avenue w+1 E Final Plat Request s Fusion Investments, LLC 350 175 0 350 � � Fee Page 275 of 545 4.1.19 REQUEST: Resolution approving a request by Cedar Valley Crossing on behalf of Fusion Investments, LLC for the final plat of a 10 lot commercial/industrial subdivision located southwest of 3353 Marnie Avenue. APPLICANT(S): Fusion Investments, LLC, 13557 Sharwood Court, Dyersville, Iowa, 52040 Surveyor: CGA Engineering, Aaron Mueller, 5106 Nordic Drive, Cedar Falls, Iowa 50613 GENERAL Resolution approving a request for a final plat for Cedar Valley DESCRIPTION: Crossing, a ten lot commercial/industrial subdivision, located southwest of 3353 Marnie Avenue, just east of Highway 63. IMPACT ON The request would not have a negative impact on the NEIGHBORHOOD & neighborhood, as the area is designated for commercial and SURROUNDING light industrial uses with a number of existing commercial LAND USE: uses to the north and west. VEHICULAR & Highway 63/Sergeant Road is located adjacent to the property PEDESTRIAN to the west and Marnie Avenue is located to the north. Highway TRAFFIC 63/Sergeant Road is designated as a Principal Arterial CONDITIONS: Roadway. Marnie Avenue to the north of the property is designated as a local street. Marnie Avenue connects to "Lot 1 and Lot 10" on the Final plat and will be extended as part of the development to Tract A. It was determined during the Preliminary Plat approval that sidewalks would not be required. Existing Marnie Avenue does not have any sidewalks. The Complete Streets Advisory Committee had suggested that sidewalks should be required even though it will not currently connect to sidewalks, but will be able to be connected in the future as part of a sidewalk infill project, but the Preliminary Plat was approved by the Planning and Zoning Commission and City Council without a required sidewalk RECREATIONAL The Sergeant Road Trail is located west of the property along TRAIL PLAN: the west side of Highway 63/Sergeant Road and a trail is located to the north along the south side of Ridgeway Avenue. ZONING HISTORY The site in question is zoned "M-1" Light Industrial District and FOR SITE AND has been since the adoption of the Ordinance 3455 on IMMEDIATE VICINITY: October 13, 1986. The surrounding properties zoning and uses are as follows: North: "M-1" Light Industrial District - Highway 63, vacant properties and commercial businesses East: "R-4 and R-3" Multiple Residence District —Apartments and condos South: "A-1"Agricultural District — Cemetery West: "B-P" Business Park District- Highway 63, commercial Cedar Valley Crossing Final Plat Page 1 Page 276 of 545 4.1.19 businesses and vacant property BUFFERS No buffering would be required as part of this request. There REQUIRED/ NEEDED: is an existing multi-family residential property located adjacent to the southeast corner of the proposed development. However, there is a sharp 10 foot drop off from where the multi-family residential property sits on the property at 900 feet to 890 feet for the proposed adjacent lots 3 and 4. So, no screening or buffering would be effective. DRAINAGE: A 56' drainage easement is noted along the western side of the plat and 10' to 20' drainage easements are located along various lots. There is also a 3.71 acre storm water management area located at the southwest corner of the proposed development. DEVELOPMENT Commercial development has been taking place the past 10 HISTORY: years to the north and west of the property in question. FLOODPLAIN: Approximately 2% of the property is in the 500 year floodplain and 1% is located within the 100-year special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 284F dated July 18, 2011. It should however, be noted that no proposed lots or development will occur in the identified special flood hazard area or 500 year floodplain. These floodplain areas are all located within the identified 3.71 acre storm water management area on the southwest corner of the property. PUBLIC/OPEN No public or open spaces are located within the immediate SPACES/SCHOOLS vicinity. The Leonard Katoski Greenbelt is located approximately a half mile to the west. UTILITIES: WATER, A 21" sanitary sewer is located along HWY 63 to the west of SANITARY SEWER, the property. A 8" sanitary sewer line that extends southward STORM SEWER, into the proposed development and 4" drain tile are located ETC. along Marnie Ave to the north. There is currently a 12" water main that dead ends on Marnie Avenue that is 2,500 feet long and ties into West Ridgeway Avenue. RELATIONSHIP TO The Future Land Use Map designates this site as Business COMPREHENSIVE Park: Professional Offices, Commercial with Compatible Light LAND USE PLAN: Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The plat is comprised of 31.26 acres in size and contains 10 ZONING lots for future commercial and industrial development. The plat shows the lots ranging in size from 1.96 to 3.35 acres. Cedar Valley Crossing Final Plat Page 2 Page 277 of 545 4.1.19 ORDINANCE: The "M-1" Light Industrial District is intended to provide areas of the community which are suitable for industrial development adjacent to commercial districts. STAFF ANALYSIS — The Final plat does show all the necessary information for the SUBDIVISION submission, such as a legal description, property lines with ORDINANCE: dimensions, proposed building dimensions, date, adjoining subdivisions, and engineer's certificate of survey, easements, right-of-way widths, deed of dedication, contract and petition waiver, and proper lot sequence. The Planning and Zoning Commission at their regular meeting on October 2, 2018 unanimously approved the final plat request for Cedar Valley Crossing. STAFF Therefore, staff recommends that the request for the Final plat RECOMMENDATION: of Cedar Valley Crossing be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan. 3. The plat will create an additional infill development site in the Primary Growth Area. Cedar Valley Crossing Final Plat Page 3 Page 278 of 545 INDEX LEGEND CEDAR VALLEY CROSSING LOCATION: PT.OF THE NORTH 1/2 OF THE SE 1/4 OF HAWK COUNTY, I SECTION NO. 6,T88N, R1.3W CITY OF WATERLOO, BLACK PROPRI OR: USION INVESTMENTS.LLC DE ER, FUSION INVESTMENTS,LLC FINAL PLAT MARCH 2019 SURVEY EY R UE5 ED BY: FUSION INVESTMENTS, LLC FIELD WORKCOMPLETED; 7 12 2018 SURVEY REPO ED Y: LAP ADDLE- ARSE A IATE , INC, 74+82.51 � RESPOND TO: 5106 NORDIC DRIVE, ~ / CEDAR FALLS, IOWA 50613 PHONE 319-260258 FOUND DNC.MON, r'� 3EE 1]ETAIL"C" /, a amueller@ aconsultants.com 'IRON PIPE X'REB / cA�R TYPICAL BUILDING SETBACKS: ; - M-1 HOTEL/MOTEL , �P � � �o� ZONING M 1 t FRONT YARD = 25 FT. =20 FT. FOUND Y2"!RCN PIPE / �4 FOUNDAT141x"REBAR 1 YELLOW PLASTIC CAP / EAST .CORNER REAR YARD = 25 FT =20 FT. NO. / SEC.6.T88N,R13w SIDE YARD = 1 OFT.(*) =10 FT.(*) *LOTS MAY BE SPLIT OR DIVIDED TO PROVIDE FOR LOT 8 WESTER OST CORNER LOT 4 MORE LOT AREA BY BEING ADDED TO AN ADJOINING SOUTH WATER O COMMERCIAL PARK FOUND R RwIYELLOW LOT. SIDE YARD SETBACKS SHALL BE BASED ON SHO6CENTER UNE Ntel, PROPERTY LINES RATHER THAN PLATTED �6D33 ' �CprS � L.INE 20' O ¢ SANITARY SEWER OWNERSHIP! �' °3 LOT LINES. � *4'�9c��'°T EASEMENr � °` MAI�tVIE AVE. �a TRACT"A" 1614 7$01 a J 5 � �E' I • 's FOUND V IRON PIPE lklil" R TRACT"B" ` LOT 2 ( `�� � / WI YELLOW PLASTIC CAP AT, 1' 4p NO.8033 rya / C /0 28.95' p'`�� C ,^ 3aq w �'L�icy` hC c`1 00' _ I 9 11 r� G2 LOT 5 �� .�`'� MARNIE AVE. V9 m .Q �' / ` .�, CENTERLINE 20'STORM SEWER UNPLATFED AND DFWINAGE EASEMENT ti Lor 7 DETAIL"A" DETAIL"B" DETAIL"C" " � �?� I �r� PARCEL"E'DOC.NO.2002 029408 PREMIER WATERLOO IA,LLC SCALE:T-14' SCALE:1"_10` SCALE:1"-20' Y / I y�. I S'ggb I �. g J 24� ^ DETAIL SCALE:1 3V QUI CL' _ TRACT "B" ^�� ��J ryR ' r, CENTERLINE 20'STORM SEWER ' ^a �.`� +V �7, , SEE DETAIL"D• ' LOT 8 RAIiJ�EA9MM 'V 1 �_� FOUND a/e REBAR / r � Cr7 / I NO GAP I , 0 � 70.00 � 2.13`- •� �• a � `� �� J 18.61 ► I I �1� CENTERLINE 20'SANITARY W SEWER EASEMENT LOT 7 TRACT "B" A;� / (6 v DETAIL"F" , �.DETAIL"D" Ii pT� SCALE:1'=20' SCALE:1'=34' 'Y / R C) �i ETAILG��. � 11NPLr'11 I ED ii / N PT.OF N'2 OF SW 14 SEC.5.T88N•R13W D / II / �� I `� WALLACE INVESTMENT GROUP LLC SCALE-1"=50' / A%. �,. / LOT 3 r LINE DATA. I 3.11 AC. LINE NUMBER BEARING DISTANCE FOUND NO CAP "RESAR l,1 N55°39'38"E 57AV SEE DETAIL"A" (;y5 / ) �� G6, L2 S81°12'08"E 191.46' C� �o lur uTY EASE NT - '� SOVI5'54"W 5.78' a 277.06' $ nsanr(Nas°25'o6"E) �j L3 S89050135"E 260.81' �- S X06"E 206.58' 8TRA II A NW44' 0335.05' S89°4,VD6"E 185.50' 9 200.01'(200,00) FOUND )Q'IRON PIPE 2&W - � L4 589°47"04"E 240.57' Li -_ 417.50` 1.79 C. NO.16775 / Ir} 186.54' - .192.00 .� � � 589°44'06"6 t80,4r t�, 10'UTILITY EASEMENT 1 L.5 Ns8°58'05°'E 77.11' aI CENTERLINE 20'SANITARY 20'STORM SEWER AND 3EE DETAIL"B" C8` �� WEST HILLS O4NDUS SEWER EASEMENT DRAINAGE EASEMENT DOC.NO.2007-16986 'I SEE DETAIL"E" SEE DETAIL"F" I + 5EEt7ETAIL"G' I CURVE TABLE TRACT II B II Im PARCEL, 14 $ I� STORM WATER R � $ I� LOT � � LOT 4 � �' Doc.N0.2o�2-17524 � �� CURVE DATA ARG LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD STC] W LOT 7 LOT 6 o� C1 132.63 60.50 125036'07" Nes 5803 w 10 Uj 1 I 2.14 AC. 1.96 AC. �' 1.98 AC. 2.08 AC. o� MANAGEMENT ENT WI 5� C2 5.62' 5.50' 58°31'46" 861°00'00'W 5.38' x `r, C3 324.04' 82.50' 287°03'33" AREA � z140011 5'54"E 65.26' E � � � ��� CL l C4 5.62' 5.50` 58031146" S60°28`1 3"E 5,38' � � 1 ^A/ 3.71 AC. - - - - :.Q�+1 EEE+ n�ENTC�l - - - C5 64.82' 82.54' 59025'28" N61026'51"E 61,96' `1 ` 30 RRAINAGE FISEMENT r rr� 0. a- - - - Ce 97.28' 62.50' 89010'41" 844°1604"E 87.75' c 250.00' 250.00' .66' 203.34' 246.21' 504.88' r / , 449.55` 199.90'(200.007 C7 98.09' 62.50' 89055'28" S45°1$`01"W 88.33' 1051.56(1052.14') 648'45'(649'59) FOUND%"RESAR NO AP C8 63.85' 62.50' 5803155" N60°28'18"W 61.11' C FOUND CONC.MON. N874407°W(SW55'1 O"W)1701.00'(1701.77) NE CORNER SE Ya-S Ya w1Y"IRON PIPEUNPLATFED POINT OF BEGINNING FOUND Y2.IRON PIPE SEG,6,T88N,R1 3W 198�� .rlb' 12.77°`, i"D7" N26°56'03"W 160.99' 1ii PART 4F 56'4 OF 56'4 SEC,6,T$BN,R1 3W FOUND r,V REBAR WI RED PLASTIC CAP CATHOLIC CEMETAMES OF WATERLOO NO CAP NO.18775 NOTE: U- ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NQ.83 BEARING NORTH 38°01'55" EAST. o EXCEPT ANY LEGAL HIGHWAYS CEDAR VALLEY CROSSING FINAL PLAT THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO.8,TOWNSHIP NO.88 NORTH,RANGE NO.13 WEST OF THE FIFTH PRINCIPAL MERIDIAN,BLACK HAWK COUNTY,IOWA,DESCRIBED AS FOLLOWS: �r CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA . COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST)ALONG THE SOUTH LINE OF THE LEGEND: l� NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION fi49.45 FEET{649.59 FEET)TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA.876+•41, SAID POINT BEING THE POINT OF BEGINNING;THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST(SOUTH I hereby certify that this land surveying document was prepared 89 DEGREES 55 MINUTES 10 SECONDS WE5T)ALONG THE SOi�TH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET(1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. SURVEY ■ GOVERNMENT CORNER MONUMENT FOUND N L � and the related survey work was performed by me or under n CENTERLINE OF U.S.HIGHWAY NO.63;THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST(NORTH 35 DEGREES 43 MINUTES EAST)ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY N0.53, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH 0 my direct per of supervision and that I aryl a duly Licensed � ❑ GOVERNMENT CORNER MONUMENT SET 112"x 30" 4` CEN � jz WATERLOO COMMERCIAL PARK PWT BOOK 26 PAGE 74;THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST(NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST)ALONG THE SOUTHWESTERLY!_INE OF SAID LOT 4,449.53 FEET(4i O.DD FEET)TO THE SOUTHERLY MOST REBAR w1YELLOW PLASTIC ID CAP #21428 �' � � Prof Tonal nd Surveyor under the laws of the State of Iowa. _2 RIGHT-OF WAY OF MARNIE AVENUE;THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST(SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST),212.00 FEET(211.70 FEET)TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE 5T NORTH 54 DEGREES 32 MINUTES 3fi SECONDS WEST}ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5,A DISTANCE OF 535.21 FEET(535.23 FEET)TO THE SOUTHERNMOST CORNER OF SAID LOT 5;THENCE SOUTH 0 DEGREES 33 PARCEL OR LOT CORNER MONUMENT FOUND 3/12 ZO 1 ClePsad44 mels.vm9 l3 No °- SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EA ( s+u3t1Q00OMIC o�rN. MINUTES 48 SECONDS WEST(SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST),340.27 FEET TO THE NORTHEAST CORNER OF PARCEL"C"FILE NUMBER 2012.00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST'(NORTH 89 DEGREES 25 MINUTES OB SECONDS -� ��42S ron L.Mueller,PLS date ced."Mr w aam � SET 112"x 30"REBAR w1Yl:.LLOW PLASTIC � Q w,ataxeaaa� '^ EAST)ALONG THE NORTH LINE OF SAID PARCEL"C",200.01 FEET(200,00 FEET)TO THE NORTHWEST CORNER OF SAID PARCEL"C";THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST(NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST)ALONG THE WEST LINE OF SAID ID CAP#21428 Iowa License Number 21428 DRAWN SHE PARCEL,409.92 FEET(410.00 FEET)TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST),A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. SCALE 1"=100' tt+ Q� My License Renewal Date is December 3i [ ) RECORDED AS S /O W p, , 2020 sic 1 OF 1 1 NO 0 100` S� L Pages or sheets covered by this Seal: THIS SHEET DATE PROJECT NO. 3/1212019 5110.05 *(INDICATES RECORD BEARINGS AND DISTANCES) Page 279 of 545 Aaron Mueller, PLS,Clapsaddle-Garber Associates Inc.,5106 Nordic Dr., Cedar Falls, IA 50613, (319)266-0258 SURVEYOR'S CERTIFICATE CEDAR VALLEY CROSSING is a subdivision of the land described in Exhibit `A' attached hereto and made a part hereof. For a more definite location and description, reference is made to a Final Plat dated [MONTH] [DATE], 2018, attached hereto and made a part hereof. Said CEDAR VALLEY CROSSING is divided into Ten (10) numbered lots, numbered consecutively from One (1)through Ten (10), both inclusive. The number of each Lot is designated on the Final Plat by figures near the center of each Lot. Tract'A', is designated as Public Street Right-of-Way for Marnie Avenue. This street is now being dedicated in fee simple to the public. Street intersection radiuses are as shown on final plat with dimensions noted. Dimensions of each lot, street widths, and distances from government lines and corners are shown in feet and decimals thereof on said Final Plat. Lot areas are provided pursuant to the provisions of Section 354.6, Paragraph 3, Code of Iowa in Exhibit"B", attached hereto and made a part hereof. A'/2" re-bar with a yellow plastic cap embossed with "MUELLER LS 21428"will be set at each point indicated by a small circle, marked—o-on said plat by[MONTH] [DATE], 2019. Utility, Storm Water, and Sanitary Sewer easements are reserved along lot lines as shown on said Final Plat, and in widths noted. I hereby certify that this Final Plat, Report and Land Description were prepared by me or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa EXECUTED in Cedar Falls, Iowa this [DATE] day of[MONTH], 2018 .a€�L'.LIQ �Q•'�• •'••..J'� Aaron Mueller, PLS c� AARON L. :'� Iowa License No. 21428 MUELLER License Renewal Date: December 31, 2018 4d-: 21428 ;O' ' �.0 .� Page 280 of 545 Exhibit "A" LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6,TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET(1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4,409.53 FEET(410.00 FEET)TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST(SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET(211.70 FEET)TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.22 FEET(535.23 FEET)TO THE SOUTHERNMOST CORNER OF SAID LOT 5;THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL"C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST(NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL"C", 200.01 FEET(200.00 FEET)TO THE NORTHWEST CORNER OF SAID PARCEL"C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST(NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL,409.92 FEET(410.00 FEET)TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST. Page 281 of 545 EXHIBIT 'B' TRACT(STREET R.O.W. AND STORM WATER AREA IN ACRES MANAGEMENT AREA) TRACT A 1.79 TRACT B 3.71 LOT AREA IN ACRES 1 2.00 2 3.35 3 3.11 4 2.08 5 1.98 6 1.96 7 2.14 8 2.04 9 2.01 10 2.01 NOTE:The determining of lot and street areas is for assessment and taxation purposes only and in accordance with the provisions of Section 354.6, Paragraph 3, Code of Iowa Page 282 of 545 Laura R.Luet e,AT#0008915 Preparer Information: Laura R.Luetje,210 N.E.Delaware Avenue, Suite 200,Ankeny,Iowa 50021;(515)964-8777 After Filing Return To: City of Waterloo,715 Mulberry St.,Waterloo,IA 50703 Address Tax Statement: City of Waterloo 715 Mulberry St. Waterloo,IA 50703 DEED OF DEDICATION AND CONSENT OF OWNER TO CEDAR VALLEY CROSSING, WATERLOO, BLACK HAWK COUNTY, IOWA For the consideration of One Dollar(s) and other valuable consideration, Fusion Investments, LLC, a Limited Liability Company organized and existing under the laws of the State of Iowa, and with its principal place of business in Waterloo, Iowa (the "Owner") being desirous of platting the land described in the attached Exhibit "A", does by these presents, designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called: "Cedar Valley Crossing, Waterloo,Black Hawk County, Iowa" as follows: The undersigned does further covenant and agree, for itself, its successors, and assigns, that the respective lots and tracts in said Plat shall be, and the same are hereby, subject to the following restrictions and easements, as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed, contract or mortgage that the undersigns or its successors in interest may hereafter make, and that such restrictions and easements shall run with the land, and with the described lots for the length of time and in the following particulars: 1. Lots in said Addition may be used for any purpose permitted by the Zoning Ordinances of the City of Waterloo. 2. For the mutual benefit of the undersigned and its successors in the ownership of any and all of the lots in said Plat, and of such public and private corporations and agencies as may have occasion to serve, service or supply any of said lots with water, sewer, gas electricity, or communications services, the undersigned does hereby expressly and specifically reserve and Page 283 of 545 establish the following permanent easements in relation to the lots in said subdivision. a. The company or agency supplying electricity or communications service in said subdivision shall have the right to construct, maintain, and operate permanent underground electricity or communication feeder or service facilities, with other appurtenances necessary thereto, along the easement lines of all lots as shown on the Plat of subdivision. b. The City of Waterloo, Iowa, and any public utility company having a franchise for the distribution and sale of gas in said City, shall have the right to construct and maintain sewer, water, and gas service lines in, over, and across those strips of land located as shown by the easement lines on the Plat attached hereto. The proprietors, agents, and workman of all such service corporations or agencies shall have the right of reasonable access to their said services and installations for the purpose of proper construction and maintenance of their lines and equipment. Perpetual easements for surface drainage are hereby granted over the strip of land located as shown by the easement line shown on the attached plat. c. Established charges under current ordinances of the City of Waterloo will be paid for hook up charges to public sanitary sewers. 3. The undersigned hereby is the declarant of the following Declaration of Covenants, Conditions and Restrictions (hereinafter "Declaration") listed in Exhibit`B" to this Deed of Dedication. Said Declaration shall be binding on and shall run with the land as if fully set forth in a separate recorded document. 4. The undersigned and all persons and corporations hereafter acquiring any right,title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the use and construction or building thereon, for a period of 21 years from the date of filing of said plat, and this deed of dedication for record. Within the period of 21 years and in accordance with Iowa Code § 614.24 and §614.25 or their successor provisions, these covenants, restrictions and stipulations may be extended for an additional period of 21 years upon compliance with § 614.24 and §614.25 of the Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of 21 years or successive 21 year periods, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of 21 years. 5. If any owner of any lot in said subdivision shall violate or attempt to violate any of the covenants or restrictions herein while in force it shall be lawful for any other person or persons owning a lot in said subdivision and adversely affected thereby, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate the same, either for injunctive relief and/or for damages. 6. Invalidation of any one of the foregoing covenants by judgment, decree, or court order shall in no way affect any of the other provisions of this dedication and such other provisions shall remain in full force and effect. 7. The undersigned hereby dedicates and sets apart for public use the streets shown on the Page 284 of 545 attached Plat. n f IN WITNESS THEREOF, this instrument has been signed at L.t e,. d a� Iowa on this_1_5_day of ]�,n,,��x y , 241�. Dated: r , 20/q Fusion Investments, LLC By S i nature Printed Name p p5)0� Title STATE OF IOWA, COUNTY OF Z K This record was acknowledged before me on !a v-.A- r 20-a, by N:C.1L y�1 y"e,[ , as �r e.5 lo-r,-�of Fusion Investments, LLC. �i JL,- -��/ .*°'"'•. BETH WIRKEVOLD Signature of Notary Public COMMISSION NO.729M W COMMISSION EXPIRES •p.� uL.vxr 201e Page 285 of 545 Exhibit"A" LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.21 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) NOTE: ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36001'55" EAST. Page 286 of 545 EXHIBIT "B" DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF CEDAR VALLEY CROSSING A SUBDIVISION IN WATERLOO, BLACK HAWK COUNTY,IOWA THIS DECLARATION,made this day of , 20_. PRELIMINARY STATEMENT WHEREAS, The Declarant is the Owner of certain real property platted and known as Cedar Valley Crossing, located within the City of Waterloo, County of Black Hawk in the State of Iowa,the legal description of which is: EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.21 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 Page 287 of 545 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST),A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) NOTE: ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST. WHEREAS, The Declarant desires to provide for the preservation of the values and amenities of Cedar Valley Crossing, for the maintenance of the character and residential integrity and for the purpose of enhancing and protecting the desirability and attractiveness of the Lots contained therein. NOW, THEREFORE, the Declarant hereby declares that Lots 1 through 10, Tract B, and the Storm Water Management Area located on the Plat of Cedar Valley Crossing (each a "Lot" and together, the "Lots"), inclusive, in Cedar Valley Crossing shall be held, sold, and conveyed subject to the following restrictions, covenants, conditions and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Lots, and the enjoyment of the residents of the Lots. These restrictions, covenants, conditions and easements shall run with such Lots and shall be binding upon all parties having or acquiring any right, title or interest in each Lot, or any part thereof, as is more fully described herein. The Lots are, and each Lot is and shall be subject to all and each of the following conditions and other terms, except as may otherwise to be provided herein: ARTICLE I DEFINITIONS A. "Association" shall mean and refer to the Cedar Valley Crossing Owners' Association, a non-profit corporation organized pursuant to the Revised Iowa Nonprofit Corporation Act, as well as any of its successors or assigns. B. "Declarant" shall mean and refer to Fusion Investments, LLC, its successors, or assigns pursuant to a recorded assignment. C. "Developer" shall mean and refer to Fusion Investments, LLC, its successors or assigns pursuant to a recorded assignment. D. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Cedar Valley Crossing, other than streets or out lots. ARTICLE II GENERAL RESTRICTIONS AND COVENANTS RELATING TO LOTS WITHIN THE PLAT A. Each Lot shall be used exclusively for any purpose allowed by the applicable zoning ordinances of the City of Waterloo, Black Hawk County, Iowa, and any further Page 288 of 545 restrictions as set forth herein by the Declarant, and as amended from time to time thereafter. B. No incinerator or trash burner shall be permitted on any Lot. No garbage or trash can or trash container shall be permitted unless completely screened from view, except for trash pickup purposes. No garbage,refuge, rubbish, or cutting shall be deposited on any street, road or Lot. C. The Owner of each Lot shall keep the same free of weeds and debris. No grass, weeds, shrubs, trees, or other vegetation will be allowed to remain on any Lot that constitutes an actual or potential public nuisance, create a hazard or undesirable proliferation or detract from a neat and trim appearance. Vacant Lots shall not be used for dumping of earth, concrete remains, or any waste materials, brush, or any other debris. D. No temporary structure, trailer, tent, shack, garage, barn, or other building shall be used on any Lot at any time as a residence or business, either temporarily or permanently. E. No residence, building, fence, wall, driveway, patio, patio enclosures, landscaping, or other external improvement, above or below the ground (herein all referred to as any "Improvement") shall be constructed, erected, placed or permitted to remain on any Lot, nor shall any grading or excavation for any Improvement be commenced until the owner has confirmed compliance with this declaration. F. Subject to the provisions of sub-paragraph II(A) above, construction of a building on any Lot purchased must commence within twelve (12) months of purchase or Declarant shall have the right to purchase the Lot at eighty percent (80%) of the price the Owner paid for the Lot. ARTICLE III RESTRICTIONS AND COVENANTS RELATING TO SITE DEVELOPMENT A. No fences, walls, hedges or barriers shall be permitted upon or adjoining Lot lines except as follows: 1. The Declarant, in its sole discretion, must approve all fences and any other materials that may be contemplated. 2. Driveways must be cut in. Curb grinding is not permitted. Where required, truncated domes at sidewalk ramps must match existing. 3. Buyer and/or Contractor are responsible for all utility connection fees, including: Water Sanitary B. A maximum of 80% coverage of impervious materials per lot shall be allowed. Any additional impervious area shall require the prior consent of the Declarant, and a supplemental storm water detention for the area. Page 289 of 545 C. Any owner shall first provide Koelker Excavating, it successors, or assigns a right of first refusal to complete any and all grading work and utility work for initial sitework or future additions. If after thirty (30) days notice Koelker Excavating determines that it is unable or unwilling to take on the project, or otherwise does not accept the work, the owner may contact another company of his or her choice. D. Storm Water Management Facility. 1. Upon taking possession of a Lot, the Owner agrees to comply with all erosion control requirements applying to their Lot including but not limited to: i. Owners, their agents, assigns, heirs and/or building contractors shall take all necessary precautions to properly and lawfully manage storm water runoff; to prevent, stabilize, and/or control erosion; to prevent sediment migration and soil erosion from extending beyond the boundaries of the Lot and in the event of any of the above requirements are not met, to promptly clean up all eroded sediment and to restore all affected areas to their original condition and take all remedial steps required pursuant to applicable law, including City of Waterloo requirements. ii. Owners shall comply with all applicable Federal, State and local erosion control ordinances and permits which pertain to the Property, including, but not limited to, becoming a transferee of the Iowa Department of Natural Resources NPDES General Permit No. 2 (the permit) and having in place a Storm Water Pollution Prevention Plan (SWPPP) as required by the Environmental Protection Agency(EPA). iii. If the Declarant or a Lot Owner is cited for or notified about an alleged violation or any erosion control provision or storm water management requirements which occurs after an Owner takes possession of a Lot by a governmental authority including the City of Waterloo, for a condition existing on or coming from the Owner's Lot or migrating beyond the Lot or other violation of law, the Owner shall promptly take the remedial action and corrective measures requested by the governmental authority and the Owner shall also indemnify and hold the Declarant harmless from and against any and all claims, damages, fines, attorney fees, assessments, levies and/or costs incurred by the Declarant related to the citation or notice caused by the Owner's action or inaction. iv. If in the opinion of the Declarant or the Association, erosion is not properly controlled, corrective action may be taken by the Declarant or the Association, and an automatic easement granted to implement the corrective action, and the actual costs thereof plus an administrative fee, as determined by the Declarant or Association, shall be assessed against the offending Lot. V. Drainage and water runoff from an Owner's Lot shall not adversely affect any other Owner or Street and each Owner shall indemnify and hold Page 290 of 545 harmless all other Owners, the Declarant and the Association from and against any and all damages or liability caused by an Owner's violation of this paragraph regarding drainage and water runoff. vi. The Association shall further manage and control the Storm Water Management Area, and any and all other storm water retention or controls, located within the Final Plat. E. Storm Water Detention — Lot 1. Lot 1 of Cedar Valley Crossing shall be required to maintain its own one hundred(100) year storm water detention facility. Said facility shall release to the public facility located on and within Tract A of Cedar Valley Crossing. F. Storm Water Detention — Lot 4 South Waterloo Commercial Park — Said Lot 4 of South Waterloo Commercial Park is outside of Cedar Valley Crossing, but shall be governed by this Deed of Dedication, subject to any conflicting Deed of Dedication, covenants, or other restrictions thereon. Said Lot 4 South Waterloo Commercial Park shall be allowed to convey storm water to the drainage easement on the West side of Lot 10 of Cedar Valley Crossing. Said storm water will be detained in Tract `B" of Cedar Valley Crossing. ARTICLE IV RESTRICTIONS AND COVENANTS RELATING TO BUILDING STANDARDS Good aesthetic design is a very important covenant for buildings within Cedar Valley Crossing. The highest standards of architectural quality are encouraged. A. Criteria and Guidelines: 1. Vinyl or steel sidings shall be allowed. 2. Roof materials shall be a minimum of 30-year warranty. 3. No prefabricated, mobile home, modular home, pre-built home, or any type of home brought to the lot by truck or trailer, substantially constructed and set upon the lot by crane or otherwise will be allowed within Cedar Valley Crossing. The preceding paragraph does not intend to disallow the use of pre-fabricated roof trusses, components, or panelized sections of a building constructed off-site. ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION A. Membership and Voting Page 291 of 545 Every Lot Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated and ownership of any Lot that is subject to assessment hereunder. Ownership of a Lot shall be the sole qualification for membership. Subject to provisions of Section B of the Article, the Owners of a Lot shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot. B. Declarant as Sole Voting Member The Declarant, its successors or assigns shall serve as the Board of Directors and shall be the sole voting member of the Association until such time as Declarant no longer owns an interest in any of the Lots in Cedar Valley Crossing, or until such time as Declarant waives, in writing, its right to be the sole voting member. Upon Declarant waiving its right to be the sole voting member, Declarant shall elect the initial Board of Directors. Until such time as Declarant establishes a Board of Directors, all required submittals shall be made to the Declarant and Declarant shall have sole authority of approving or disapproving all required submittals and shall be given full authority established herewith. Each Owner by acceptance of a deed to a Lot shall be deemed to have released Declarant from all claims with respect to actions taken or not taken while Declarant controls the Association. C. Board of Directors Once the Declarant establishes the Board of Directors, it shall consist of five(5)members initially appointed by Declarant, its successors or assigns. Subsequently, the voting Members shall elect a Board of Directors as prescribed by the Bylaws of the Association. The function of the Board shall be to interpret, apply and enforce these covenants and to approve or disapprove all new construction, remodeling, modification, improvement or alteration on or to any residential lot within the plat. In addition, the Board of Directors shall carry out and manage the affairs of the Association and providing for the maintenance of the common amenities. D. Suspension of Voting Rights The Association shall suspend the voting rights of a Member for any period during which any Assessment hereunder against his/her/its Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the published rules and regulations of the Association. E. Notice of Meetings of Members Unless the Articles of Incorporation or the Bylaws otherwise provide, written notice stating the place, day and hour of the meeting and in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than five Page 292 of 545 (5) nor more than fifty (50) days before the date of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail addressed to the Member at his/her/its address as it appears on the records of the Association, with postage thereon prepaid. F. Duration No dissolution of the Association shall occur without the prior approval and consent of the City of Waterloo,Iowa. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessments The Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or other charges, (2) special assessments for capital improvements and operating deficits to be established and collected as hereinafter provided. The annual and special assessments or other charges, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment shall also be the joint and several personal obligation of each person who was the Owner of such property at the time when the assessment became due. B. Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Amenities situated on the Properties and for carrying out the business of the Association as well as other purposes specifically provided herein. More specifically, the Association shall be responsible for maintaining the landscaped areas at the entries to the development and any other areas the Declarant or Association may decide to landscape. In addition the Association shall be responsible for all entry features, which may be located on the corner lots as you enter the development, including all masonry columns, walls, fencing, signage, and lighting including the electric bills for such lighting that was installed by the Developer. Common elements shall include but not be limited to the streets and sanitary sewer system that serves the Plat. C. Monthly Assessments The initial monthly assessment shall be Dollars ($ ) per Lot. Lot 1 shall always pay one-half(1/2) of the normal assessed value for each respective lot (e.g. if assessments are $100.00 per month per lot then Lot 1 would pay $50.00 total for that respective monthly assessment,annual, or special assessment). Page 293 of 545 Thereafter, the annual assessment may be adjusted effective January 1 of each year, but if any increase such increase shall not be more than ten percent (10%) greater than the maximum assessment for the previous year without the vote of a majority of Members who are voting in person or by proxy at a meeting duly called for this purpose. A portion of such annual assessments shall be set aside or otherwise allocated in a reserve fund for the purpose of providing repair and replacement of the Common Amenities and any capital improvement that the Association is required to maintain. At the closing of a Lot, either by transfer of title or in the event of a contract sale, the initial year's annual assessment shall be due. In subsequent years, each annual year's assessments shall be due on January 10th for the following year. Declarant shall not be liable for annual or special assessments upon Lots owned by it. Declarant is not responsible for the establishment of a budget as long as Declarant is the sole voting member of the Association. The Association and Declarant are not required to submit statements for assessments to any Owner. All annual assessment payments shall be made by January 10th or each year. D. Assessments for Insurance The Association shall purchase a master comprehensive liability insurance policy in such amounts as the Board of Directors shall deem appropriate from time to time. Such comprehensive public liability insurance policy shall cover the Association, its Board of Directors, any committee or organization of the Association, its agents or employees, the Owners and all other persons entitled to occupy any Lot. E. Special Assessments for Capital Improvements and Operating Deficits In addition to the annual assessment authorized above, the Association may levy a special assessment for the purpose of defraying in whole or part, the cost of any construction, reconstruction, repair or replacement or a capital improvement that the Association is required to maintain or for operating deficits that the Association may from time to time incur, provided that any such assessment shall have the assent of a majority of the Members who are voting in person or by proxy at a meeting called for this purpose. F. Uniform Rate of Assessment Both the annual and special assessments must be fixed at a uniform rate for all Lots, with the exception previously enumerated for Lot 1. G. Effect of Nonpayment of Annual and Special Assessments or Other Charges: Remedies of the Association Any assessment or other charges not paid within thirty (30) after the due date shall bear interest from the due date at the rate of fifteen percent (15%) per annum or at the highest rate allowed by Iowa law, whichever is lower. The Association may bring an action at law against the Owner of a Lot personally obligated to pay the same, or foreclose the lien Page 294 of 545 against the property in the manner provided for foreclosure of a mortgage, or both, and there shall be added to the amount of said assessment or other charges all cost and expenses incurred by the Association in collecting said assessments or other charges, including reasonable attorney's fees, whether or not legal action is required in connection therewith. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Amenities or abandonment of the Owner's Lot. H. Subordination of Assessment Liens The lien of the assessments provided herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Provided, however, the sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such Lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu of thereof shall extinguish the lien of all assessments becoming due prior to the date of such sale or transfer. The failure of an Owner to pay assessments as provided in this Article shall not constitute default under a mortgage insured by the Federal Mortgage Agencies. ARTICLE VII ENFORCEMENT OF COVENANTS The Covenants shall be deemed to run with the land to which they apply, and the Declarant, the Cedar Valley Crossing Owners' Association or any Owner may bring an action in any court of competent jurisdiction to enforce these Covenants and enjoin their violation or for damages for the breach thereof, or for any other remedy or combination of remedies recognized at law or in equity. ARTICLE VIII AMENDMENTS TO COVENANTS These Covenants may be amended from time to time by the affirmative vote of not less than three-fourths (3/4) of the owners of property in Cedar Valley Crossing to which these covenants apply; but the owner or owners of such property shall be entitled to cast, in the aggregate, only one (1) vote on account of each Lot owned thereby. Notwithstanding the above, the Declarant retains the sole right to amend or revise these covenants at any time without the consent of any other lot owner so long as Declarant owns an undeveloped lot within Cedar Valley Crossing. ARTICLE IX PERIOD OF COVENANTS Page 295 of 545 All of the foregoing Covenants, Conditions, and Restrictions set forth in this Declaration shall continue and remain in full force and effect at all times and as to the Property, regardless of how title was acquired, from the date of filing of this Declaration until the 1St day of June, 2034, unless amended by an affirmative vote of three-fourths (3/4) of the Lots within the Property, excluding Common Areas (with each Lot entitled to one (1) vote), on which date these Covenants, Conditions and Restrictions shall automatically be extended an additional ten (10) years (and extended for successive ten (10) year terms thereafter in the same fashion) unless three-fourths (3/4) of the Lot Owners within the Property (excluding Common Areas) in writing consent to terminate this Declaration or any part thereof, in which event this Declaration, or part thereof, shall be null and void effective as of the date when the Consent is filed with the Recorder of Black Hawk County, Iowa. Any Amendment or Consent shall be accompanied by an Affidavit by any officer of the Owners' Association certifying that three-fourths (3/4) of the Lot Owners within the Property (excluding Common Areas) have so consented as disclosed by the records of the Association. In determining ownership for purposes of consent, the records of the Association shall be conclusive. Either Declarant or the Owners' Association shall be the attorney in fact vested with authority to file any extension of these Covenants, Conditions and Restrictions with the Black Hawk County Recorder if required by law to extend them beyond their initial twenty-one (21)year term. ARTICLE X ENFORCEABILITY AND WAIVER A. No delay or omission on the part of any owner of land to which these covenants, conditions, regulations, and restrictions apply in exercising any rights, power or remedy herein allowed in the event of any breach of the covenants, conditions, regulations or restrictions herein contained, shall be construed as a waiver thereof or acquiescence therein. No right or action shall accrue and no action shall be brought or maintained by anyone whomsoever against Cedar Valley Crossing, its successors or assigns, or any member thereof for or on account of any action or inaction taken or not taken thereby in connection herewith. B. In the event that any one or more of the foregoing covenants, conditions, regulations, or restrictions shall be declared for any reason, by a court of competent jurisdiction, to be null and void, such judgment or decree shall not in any manner whatsoever affect, modify, change, abrogate or nullify any of the covenants, conditions, regulations, and restrictions not so expressly held to be void and the remainder thereof shall remain in full force and effect. C. In the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then and in that event, such terms shall be reduced to a period of time which will not violate the rule against perpetuities as set forth in the laws of the State of Iowa, and as shall be determined by the court as being reasonable. D. All property subject hereto shall also be subject to any and all rights and privileges of the City of Waterloo, Iowa, and/or Black Hawk County, Iowa, acquired or hereafter acquired by said town or county by dedication, conveyance, filing or recording of plats or covenants as authorized by law. Wherever there is a conflict as between these covenants Page 296 of 545 and/or the zoning ordinance or law of the city, county or state within which the subject property is located,that which is most restrictive shall be binding. ARTICLE XI EASEMENTS A. Drainage and Utility Easements As noted on the recorded Plat of the Properties and Deed of Dedication, Declarant has reserved certain areas of the Lots for public utility, drainage, conservation easements and Common Amenities easements. In doing so, it is the intention of Declarant to provide the needed flexibility, for the benefit of all Lots and Owners, to properly install and allow to be maintained all electrical, telephone, cable TV, water, gas, sewer, storm sewer, and other utility service (including all lines, pipes, wires, cables, ducts, etc.) to the Lots. No other improvements or permanent structures (excluding walkways, driveways) shall be placed within such easements and any fences installed shall be subject to the rights (including the right to remove where reasonably necessary without duty of replacement or reimbursement) of any public or private utility to construct, maintain, repair, or remove any necessary facilities and the right of Declarant and the property owners to provide for and maintain appropriate drainage. No fence shall be installed across any drainage easement or across any Conservation Easement. Regardless of whether shown on the recorded plat, each Lot shall accept surface water drainage from adjacent properties whether or not located within the Properties and each Lot shall have the right to drain its surface water to the adjacent Lots located within the Properties. B. Additional Easement Rights Declarant reserves unto itself, for the benefit of all Lots and Owners, an easement right, title, and authority to relocate, alter or otherwise change the location of any drainage, utility or sewer easement and to grant such further easements, licenses, and rights-of- way, temporary or permanent, exclusive or non-exclusive, surface or otherwise, as Declarant may deem necessary or appropriate, for ingress, egress, utility and similar purposes on or within any Lot or Lots or any portion of the Properties. Declarant further reserves the right to more specifically describe or to change the description of any such drainage, utility and sewer easement, or other easement, license or right-of-way by written instrument, or amendment to the Plat recorded in the Office of the Recorder of Black Hawk County, Iowa. Each Owner shall take title subject to the right and easements reserved herein; provided, however, the rights reserved in this Section B shall not be exercised in a manner which unreasonably and adversely affects any Building or portion thereof located upon any Lot or any Owner's use or enjoyment thereof or which unreasonably restricts the rights of ingress or egress to any Lot. The rights and easements reserved by Declarant in this Section B shall run with the land. C. Easement for Emergency Purposes An easement is hereby dedicated and granted for use in the case of an emergency by emergency vehicles such as fire trucks, police cars, ambulances, etc., and emergency personnel, public and private, over and upon all Lots and any pedestrian walkways or sidewalks. Page 297 of 545 D. General Easements Each Lot is burdened with an easement of ingress and egress for maintenance, repair and replacement of public utilities as may be shown upon any subdivision plat. ARTICLE XII ADDITION AND REMOVAL OF PROPERTY A. Subjecting Additional Land to Declaration Declarant shall have the irrevocable right to subject additional land to the terms of this Declaration at any time in the future without the consent of the Property Owners of Cedar Valley Crossing. The additional land shall be automatically subject to the applicable terms and conditions of this Declaration. Declarant shall signify the addition of land by filing an amendment to this Declaration with the Recorder of Black Hawk County, Iowa. No approval of the Property Owners or any other person shall be necessary. B. Removing Land from Operation of Declaration Declarant shall have the right now and in the future to remove any portion of the Property from the operation of this Declaration provided that the portion so removed has not yet been platted into individual lots and a plat for that portion has not been filed of record with the Auditor of Black Hawk County, Iowa. Declarant shall signify any removals by filing an amendment to this Declaration with the Recorder of Black Hawk County, Iowa. No approval of the Property Owners or any other person shall be necessary. ARTICLE XIII MISCELLANEOUS A. Contractors Contractors are reminded of the requirement to keep sites clean. Weekly cleanup is required. The street right-of-way is also to be maintained and kept free of mud and debris. Silt fencing must be installed to prevent runoff into the street or onto neighboring property. If sites are not kept up or any damage to adjoining property or Common Areas occurs through the construction process, the owner will be notified by phone or letter of the violations by the Association. Owners or their contractors will have three (3) days to respond before the work is performed by the Association, the cost of which will be collected from the owner or contractor or assessed against the owner's lot as permitted by the Covenants. B. Remodeling and Additions Remodeling and additions to existing improvements are required to meet the same criteria as new construction. All criteria concerning aesthetics, color, site location, architecture, landscaping, grading and excavations, roofs, height limit, solar collectors, satellite television, Page 298 of 545 setback, lighting, hot tubs and spas, pools, etc., will be of significant concern to the Declarant or the Association. IN WITNESS WHEREOF, K-t 1 A , as Declarant, has caused this instrument to be executed by its duly authorized officers this 15 day of :1 v-4,,r , 2011 Fusion Investments, LLC By Ok 0, 51 , Manager STATE OF IOWA ) ss: COUNTY OF16zK k On this t5 day of G�.r uRt` , 2019 before me, a Notary Public in and for the State of Iowa, personally appeared, N ' IL Ra e. - , to me personally known, who being by me duly sworn, did say that they are the Manager of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its members and the said Manager acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. BETH KIRKEVOLD Notary Public in and for the State of Iowa COMMISSION NO.729672 MY COMMISSION EXPIRES •o•* ULY27 20% Page 299 of 545 Consented to by Dupaco Credit Union By: D , L [Insert Title] STATE OF IOWA } } ss: COUNTY OF by je. This instrument was acknowledged before me on this day of ftro , 20 m by m n t4 oodds , as (;00. of Dupaco Credit Union. t MMyComm. MExp-S12aZM— Notary Jam'^-tG1 Public in and for the State of Iowa Page 300 of 545 ENGINEERING DEPARTMENT 715 Mulberry St. Waterloo, !A 50703 •Phone(319)291-4312 Fax(319)291-4262 Email:cdjy engineer@ ieaterloo-ia.org � • JAMIE KNUTSON,PE • City Engineer Mayan March 27, 2019 QUENTIN HART COUNCIL MEMBERS ................... Aric Schroeder, City Planner Planning, Programming & Zoning Commission MARGARET Waterloo City Hall KLEIN Waterloo, IA 50703 1Yard I BRUCE JACOBS RE: FINAL PLAT Ward-" CEDAR VALLEY CROSSING PATRICK MORRIS SEY [Vard 3 Dear Aric: JER AM OME AlvlOs,JR. This final plat has been reviewed, and it has been determined that it meets the IYard4 requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. RAY FEUSS Wards It is recommended that this final plat be approved. SHARON JUON Sincerely, At-Large STEVE SCIIMITT At Large Denni J. Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal OpportunitylAtfrmativeAction Employer Page 301 of 545 Laura R.Luet'e,AT#0008915 Preparer Information: Laura R. Luetje,210 N.E.Delaware Avenue, Suite 200,Ankeny,Iowa 50021;(515)964-8777 After Filing Return To: City of Waterloo,715 Mulberry St.,Waterloo,IA 50703 Address Tax Statement: City of Waterloo 715 Mulberry St. Waterloo,IA 50703 DEED OF DEDICATION AND CONSENT OF OWNER TO CEDAR VALLEY CROSSING, WATERLOO, BLACK HAWK COUNTY, IOWA For the consideration of One Dollar(s) and other valuable consideration, Fusion Investments, LLC, a Limited Liability Company organized and existing under the laws of the State of Iowa, and with its principal place of business in Waterloo, Iowa (the "Owner") being desirous of platting the land described in the attached Exhibit "A", does by these presents, designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa,the same to be hereafter known as and called: "Cedar Valley Crossing, Waterloo,Black Hawk County, Iowa" as follows: The undersigned does further covenant and agree, for itself, its successors, and assigns, that the respective lots and tracts in said Plat shall be, and the same are hereby, subject to the following restrictions and easements, as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed, contract or mortgage that the undersigns or its successors in interest may hereafter make, and that such restrictions and easements shall run with the land, and with the described lots for the length of time and in the following particulars: 1. Lots in said Addition may be used for any purpose permitted by the Zoning Ordinances of the City of Waterloo. 2. For the mutual benefit of the undersigned and its successors in the ownership of any and all of the lots in said Plat, and of such public and private corporations and agencies as may have occasion to serve, service or supply any of said lots with water, sewer, gas electricity, or communications services, the undersigned does hereby expressly and specifically reserve and Page 302 of 040 i establish the following permanent easements in relation to the lots in said subdivision. a. The company or agency supplying electricity or communications service in said subdivision shall have the right to construct, maintain, and operate permanent underground electricity or communication feeder or service facilities, with other appurtenances necessary thereto, along the easement lines of all lots as shown on the Plat of subdivision. b. The City of Waterloo, Iowa, and any public utility company having a franchise for the distribution and sale of gas in said City, shall have the right to construct and maintain sewer, water, and gas service lines in, over, and across those strips of land located as shown by the easement lines on the Plat attached hereto. The proprietors, agents, and workman of all such service corporations or agencies shall have the right of reasonable access to their said services and installations for the purpose of proper construction and maintenance of their lines and equipment. Perpetual easements for surface drainage are hereby granted over the strip of land located as shown by the easement line shown on the attached plat. c. Established charges under current ordinances of the City of Waterloo will be paid for hook up charges to public sanitary sewers. 3. The undersigned hereby is the declarant of the following Declaration of Covenants, Conditions and Restrictions (hereinafter "Declaration") listed in Exhibit"B" to this Deed of Dedication. Said Declaration shall be binding on and shall run with the land as if fully set forth in a separate recorded document. 4. The undersigned and all persons and corporations hereafter acquiring any right, title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the use and construction or building thereon, for a period of 21 years from the date of filing of said plat, and this deed of dedication for record. Within the period of 21 years and in accordance with Iowa Code § 614.24 and §614.25 or their successor provisions, these covenants, restrictions and stipulations may be extended for an additional period of 21 years upon compliance with § 614.24 and §614.25 of the Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of 21 years or successive 21 year periods, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of 21 years. 5. If any owner of any lot in said subdivision shall violate or attempt to violate any of the covenants or restrictions herein while in force it shall be lawful for any other person or persons owning a lot in said subdivision and adversely affected thereby, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate the same, either for injunctive relief and/or for damages. 6. Invalidation of any one of the foregoing covenants by judgment, decree, or court order shall in no way affect any of the other provisions of this dedication and such other provisions shall remain in full force and effect. 7. The undersigned hereby dedicates and sets apart for public use the streets shown on the Page 303 of 545 attached Plat. IN WITNESS THEREOF, tIzis instrument Inas been signed at OajP6a.at. t_ *5a( Iowa on this , day of ,� ,n U c , 20,19. Dated: , 20/q Fusion Investments, LLC By Si nature /<0L Printed Name Title STATE OF IOWA, COUNTY OF This record was acknowledged before me on G V' 20j by as t r e-5:1e kc --of fusion Investments, LLC. BETH K1�F VELD Signature of Notary Public r COMMISSION NO.729612 " My pommISS10N1 EXPIRES JUL.Y27 2131 Page 304 of 545 Exhibit"A" LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876-+-41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409,53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET(211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.21 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NOR'T'H 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) NOTE: ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST. Page 305 of 545 9 EXHIBIT "B" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CEDAR VALLEY CROSSING A SUBDIVISION IN WATERLOO, BLACK HAWK COUNTY,IOWA THIS DECLARATION,made this day of ) 20—. PRELIMINARY STATEMENT WHEREAS, The Declarant is the Owner of certain real property platted and known as Cedar Valley Crossing, located within the City of Waterloo, County of Black Hawk in the State of Iowa,the legal description of which is: EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THIE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGIIT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 139338 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.21 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 Page 306 of 545 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) NOTE: ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST, WHEREAS, The Declarant desires to provide for the preservation of the values and amenities of Cedar Valley Crossing, for the maintenance of the character and residential integrity and for the purpose of enhancing and protecting the desirability and attractiveness of the Lots contained therein. NOW, THEREFORE, the Declarant hereby declares that Lots 1 through 10, Tract B, and the Storm Water Management Area located on the Plat of Cedar Valley Crossing (each a "Lot" and together, the "Lots"), inclusive, in Cedar Valley Crossing shall be held, sold, and conveyed subject to the following restrictions, covenants, conditions and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Lots, and the enjoyment of the residents of the Lots. These restrictions, covenants, conditions and easements shall run with such Lots and shall be binding upon all parties having or acquiring any right, title or interest in each Lot, or any part thereof, as is more fully described herein. The Lots are, and each Lot is and shall be subject to all and each of the following conditions and other terms, except as may otherwise to be provided herein: ARTICLE I DEFINITIONS A. "Association" shall mean and refer to the Cedar Valley Crossing Owners' Association, a non-profit corporation organized pursuant to the Revised Iowa Nonprofit Corporation Act, as well as any of its successors or assigns. B. "Declarant" shall mean and refer to Fusion Investments, LLC, its successors, or assigns pursuant to a recorded assignment. C. "Developer" shall mean and refer to Fusion .Investments, LLC, its successors or assigns pursuant to a recorded assignment. D. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Cedar Valley Crossing, other than streets or out lots. ARTICLE II GENERAL RESTRICTIONS AND COVENANTS RELATING TO LOTS WITHIN THE PLAT A. Each Lot shall be used exclusively for any purpose allowed by the applicable zoning ordinances of the City of Waterloo, Black Hawk County, Iowa, and any further Page 307 of 545 restrictions as set forth herein by the Declarant, and as amended from time to time thereafter. B. No incinerator or trash burger shall be permitted on any Lot. No garbage or trash can or trash container shall be permitted unless completely screened from view, except for trash pickup purposes. No garbage,refuge, rubbish, or cutting shall be deposited on any street, road or Lot. C. The Owner of each Lot shall keep the same free of weeds and debris. No grass, weeds, shrubs, trees, or other vegetation will be allowed to remain on any Lot that constitutes an actual or potential public nuisance, create a hazard or undesirable proliferation or detract from a neat and trim appearance. Vacant Lots shall not be used for dumping of earth, concrete remains, or any waste materials, brush, or any other debris. D, No temporary structure, trailer, tent, shack, garage, barn, or other building shall be used on any Lot at any time as a residence or business, either temporarily or permanently. E. No residence, building, fence, wall, driveway, patio, patio enclosures, landscaping, or other external improvement, above or below theground (herein all referred to as any "Improvement") shall be constructed, erected, placed or permitted to remain on any Lot, nor shall any grading or excavation for any Improvement be commenced until the owner has confirmed compliance with this declaration. F. Subject to the provisions of sub-paragraph II(A) above, construction of a building on any Lot purchased must commence within twelve (12) months of purchase or Declarant shall have the right to purchase the Lot at eighty percent(80%) of the price the Owner paid for the Lot. ARTICLE III RESTRICTIONS AND COVENANTS RELATING TO SITE DEVELOPMENT A. No fences, walls, hedges or barriers shall be permitted upon or adjoining Lot lines except as follows: 1. The Declarant, in its sole discretion, must approve all fences and any other materials that may be contemplated. 2. Driveways must be cut in. Curb grinding is not permitted. Where required, truncated domes at sidewalk ramps must match existing. 3. Buyer and/or Contractor are responsible for all utility connection fees, including. Water Sanitary B. A maximum of 80% coverage of impervious materials per lot shall be allowed. Any additional impervious area shall require the prior consent of the Declarant, and a supplemental storm water detention for the area. Page 308„of 545 C. Any owner shall first provide Koclker Excavating, it successors, or assigns a right of first refusal to complete any and all grading work and utility work for initial sitework or future additions. If after thirty (30) days notice Koelker Excavating determines that it is unable or unwilling to take on the project, or otherwise does not accept the work, the owner may contact another company of his or her choice. D. Storm Water Management Facility. 1. Upon taking possession of a Lot, the Owner agrees to comply with all erosion control requirements applying to their Lot including but not limited to: i. Owners, their agents, assigns, heirs and/or building contractors shall take all necessary precautions to properly and lawfully manage storm water tunoff; to prevent, stabilize, and/or control erosion; to prevent sediment migration and soil erosion from extending beyond the boundaries of the Lot and in the event of any of the above requirements are not met, to promptly clean up all eroded sediment and to restore all affected areas to their original condition and take all remedial steps required pursuant to applicable law, including City of Waterloo requirements. ii. Owners shall comply with all applicable Federal, State and local erosion control ordinances and permits which pertain to the Property, including, but not limited to, becoming a transferee of the Iowa Department of Natural Resources NPDES General Permit No. 2 (the permit) and having in place a Storm Water Pollution Prevention Plan (SWPPP) as required by the Environmental Protection Agency(EPA). iii. If the Declarant or a Lot Owner is cited for or notified about an alleged violation or any erosion control provision or storm water management requirements which occurs after an Owner takes possession of a Lot by a governmental authority including the City of Waterloo, for a condition existing on or corning from the Owner's Lot or migrating beyond the Lot or other violation of law, the Owner shall promptly take the remedial action and corrective measures requested by the governmental authority and the Owner shall also indemnify and hold the Declarant harmless from and against any and all claims, damages, fines, attorney fees, assessments, levies and/or costs incurred by the Declarant related to the citation or notice caused by the Owner's action or inaction. iv. If in the opinion of the Declarant or the Association, erosion is not properly controlled, corrective action may be taken by the Declarant or the Association, and an automatic easement granted to implement the corrective action, and the actual costs thereof plus an administrative fee, as determined by the Declarant or Association, shall be assessed against the offending Lot. V. Drainage and water runoff from an Owner's Lot shall not adversely affect any other Owner or Street and each Owner shall indemnify and hold Page 309 of 545 harmless all other Owners, the Declarant and the Association from and against any and all damages or liability caused by an Owner's violation of this paragraph regarding drainage and water runoff. vi. The Association shall further manage and control the Storm Water Management Area, and any and all other storm water retention or controls, located within the Final Plat. E. Storm Water Detention — Lot 1. Lot 1 of Cedar Valley Crossing shall be required to maintain its own one hundred(100)year storm water detention facility. Said facility shall release to the public facility located on and within Tract A of Cedar Valley Crossing. F, Storm Water Detention—Lot 4 South Waterloo Commercial Park— Said Lot 4 of South Waterloo Commercial Park is outside of Cedar Valley Crossing, but shall be governed by this Deed of Dedication, subject to any conflicting Deed of Dedication, covenants, or other restrictions thereon. Said Lot 4 South Waterloo Commercial Park shall be allowed to convey storm water to the drainage easement on the West side of Lot 10 of Cedar Valley Crossing. Said storm water will be detained in Tract `B" of Cedar Valley Crossing. ARTICLE IV RESTRICTIONS .AND COVENANTS RELATING TO BUILDING STANDARDS Good aesthetic design is a very important covenant for buildings within Cedar Valley Crossing. The highest standards of architectural duality are encouraged. A. Criteria and Guidelines: 1. Vinyl or steel sidings shall be allowed. 2. Roof materials shall be a minimum of 30-year warranty. 3. No prefabricated, mobile home, modular home, pre-built home, or any type of home brought to the lot by truck or trailer, substantially constructed and set upon the lot by crane or otherwise will be allowed within Cedar Valley Crossing. The preceding paragraph does not intend to disallow the use of pre-fabricated roof trusses, components, or panelized sections of a building constructed off-site. ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION A. Membership and Voting Page 310 of 545 Every Lot Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated and ownership of any Lot that is subject to assessment hereunder. Ownership of a Lot shall be the sole qualification for membership. Subject to provisions of Section B of the Article, the Owners of a Lot shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot. B. Declarant as Sole Voting Member The Declarant, its successors or assigns shall serve as the Board of Directors and shall be the sole voting member of the Association until such time as Declarant no longer owns an interest in any of the Lots in Cedar Valley Crossing, or until such time as Declarant waives, in writing, its right to be the sole voting member. Upon Declarant waiving its right to be the sole voting member, Declarant shall elect the initial Board of Directors. Until such time as Declarant establishes a Board of Directors, all required submittals shall be made to the Declarant and Declarant shall have sole authority of approving or disapproving all required submittals and shall be given full authority established herewith. Each Owner by acceptance of a deed to a Lot shall be deemed to have released Declarant from all claims with respect to actions taken or not taken while Declarant controls the Association. C. Board of Directors Once the Declarant establishes the Board of Directors, it shall consist of five (S)members initially appointed by Declarant, its successors or assigns. Subsequently, the voting Members shall elect a Board of Directors as prescribed by the Bylaws of the Association. The function of the Board shall be to interpret, apply and enforce these covenants and to approve or disapprove all new construction, remodeling, modification, improvement or alteration on or to any residential lot within the plat. In addition, the Board of Directors shall carry out and manage the affairs of the Association and providing for the maintenance of the common amenities. D. Suspension of Voting Rights_ The Association shall suspend the voting rights of a Member for any period during which any Assessment hereunder against his/her/its Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the published rules and regulations of the Association. E. Notice of Meetings of Members Unless the Articles of Incorporation or the Bylaws otherwise provide, written notice stating the place, day and hour of the meeting and in case of a special meeting, the purpose or purposes for which the meeting is tailed, shall be delivered no less than five Page 311 of 545 (5) nor more than fifty (50) days before the date of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail addressed to the Member at his/her/its address as it appears on the records of the Association, with postage thereon prepaid. F. Duration No dissolution of the Association shall occur without the prior approval and consent of the City of Waterloo, Iowa. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessments The Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or other charges, (2) special assessments for capital improvements and operating deficits to be established and collected as hereinafter provided. The annual and special assessments or other charges, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment shall also be the joint and several personal obligation of each person who was the Owner of such property at the time when the assessment became due. B. Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Amenities situated on the Properties and for carrying out the business of the Association as well as other purposes specifically provided herein. More specifically, the Association shall be responsible for maintaining the landscaped areas at the entries to the development and any other areas the Declarant or Association may decide to landscape. In addition the Association shall be responsible for all entry features,which may be located on the corner lots as you enter the development, including all masonry columns, walls, fencing, signage, and lighting including the electric bills for such lighting that was installed by the Developer. Common elements shall include but not be limited to the streets and sanitary sewer system that serves the Plat. C. Monthly Assessments The initial monthly assessment shall be Dollars ($ per Lot. Lot 1 shall always pay one-half(1/2) of the normal assessed value for each respective lot (e.g. if assessments are $100.00 per month per lot then Lot 1 would pay $50.00 total for that respective monthly assessment, annual, or special assessment). Page 312 of 545 Thereafter, the annual assessment may be adjusted effective January 1 of each year, but if any increase such increase shall not be more than ten percent (10%) greater than the maximum assessment for the previous year without the vote of a majority of Members who are voting in person or by proxy at a meeting duly called for this purpose. A portion of such annual assessments shall be set aside or otherwise allocated in a reserve fund for the purpose of providing repair and replacement of the Common Amenities and any capital improvement that the Association is required to maintain. At the closing of a Lot, either by transfer of title or in the event of a contract sale, the initial year's annual assessment shall be due. In subsequent years, each annual year's assessments shall be due on January I Oth for the following year. Declarant shall not be Iiable for annual or special assessments upon. Lots owned by it. Declarant is not responsible for the establishment of a budget as long as Declarant is the sole voting member of the Association. The Association and Declarant arc not required to submit statements for assessments to any Owner. All annual assessment payments shall be made by January 10th or each year. D. Assessments for Insurance The Association shall purchase a master comprehensive liability insurance policy in such amounts as the Board of Directors shall deem appropriate from time to time. Such comprehensive public liability insurance policy shall cover the Association, its Board of Directors, any committee or organization of the Association, its agents or employees, the Owners and all other persons entitled to occupy any Lot. E. Special Assessments for Capital Improvements and Operating Deficits In addition to the annual assessment authorized above, the Association may levy a special assessment for the purpose of defraying in whole or part, the cost of any construction, reconstruction, repair or replacement or a capital improvement that the Association is required to maintain or for operating deficits that the Association may from time to time incur, provided that any such assessment shall have the assent of a majority of the Members who are voting in person or by proxy at a meeting called for this purpose. F. Uniform Rate of Assessment Both the annual and special assessments must be fixed at a uniform rate for all Lots, with the exception previously enumerated for Lot 1. G. Effect of Nonpayment of Annual and Special Assessments or Other Charges: Remedies of the Association Any assessment or other charges not paid within thirty (30) after the due date shall bear interest from the due date at the rate of fifteen percent (15%)per annum or at the highest rate allowed by Iowa law, whichever is lower. The Association may bring an action at law against the Owner of a Lot personally obligated to pay the same, or foreclose the lien Page 313 of 545 against the property in the manner provided for foreclosure of a mortgage, or both, and there shall be added to the amount of said assessment or other charges all cost and expenses incurred by the Association in collecting said assessments or other charges, including reasonable attorney's fees, whether or not legal action is required in connection therewith. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Amenities or abandonment of the Owner's Lot. H. Subordination of Assessment Liens The lien of the assessments provided herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Provided, however, the sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such Lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu of thereof shall extinguish the lien of all assessments becoming due prior to the date of such sale or transfer. The failure of an Owner to pay assessments as provided in this Article shall not constitute default under a mortgage insured by the Federal Mortgage Agencies. ARTICLE VII ENFORCEMENT OF COVENANTS The Covenants shall be deemed to run with the land to which they apply, and the Declarant, the Cedar Valley Crossing Owners' Association or any Owner may bring an action in any court of competent jurisdiction to enforce these Covenants and enjoin their violation or for damages for the breach thereof, or for any other remedy or combination of remedies recognized at law or in equity. ARTICLE VIII AMENDMENTS TO COVENANTS These Covenants may be amended from time to time by the affirmative vote of not less than three-fourths (314) of the owners of property in Cedar Valley Crossing to which these covenants apply; but the owner or owners of such property shall be entitled to cast, in the aggregate, only one (1) vote on account of each Lot owned thereby. Notwithstanding the above, the Declarant retains the sole right to amend or revise these covenants at any time without the consent of any other lot owner so long as Declarant owns an undeveloped lot within Cedar Valley Crossing. ARTICLE IX PERIOD OF COVENANTS Page 314 of 545 All of the foregoing Covenants, Conditions, and Restrictions set forth in this Declaration shall continue and remain in full force and effect at all times and as to the Property, regardless of how title was acquired, from the elate of filing of this Declaration until the 1St day of June, 2034, unless amended by an affirmative vote of three-fourths (314) of the Lots within the Property, excluding Common Areas (with each Lot entitled to one (1) vote), on which date these Covenants, Conditions and Restrictions shall automatically be extended an additional ten (10) years (and extended for successive ten (10) year terms thereafter in the same fashion) unless three-fourths (314) of the Lot Owners within the Property (excluding Common Areas) in writing consent to terminate this Declaration or any part thereof, in which event this Declaration, or part thereof, shall be null and void effective as of the date when the Consent is filed with the Recorder of Black Hawk County, Iowa. Any Amendment or Consent shall be accompanied by an Affidavit by any officer of the Owners' Association certifying that three-fourths (314) of the Lot Owners within the Property (excluding Common Areas) have so consented as disclosed by the records of the Association. In determining ownership for purposes of consent,the records of the Association shall be conclusive. Either Declarant or the Owners' Association shall be the attorney in fact vested with authority to file any extension of these Covenants, Conditions and Restrictions with the Black Hawk County Recorder if required by law to extend there beyond their initial twenty-one (21) year term.. ARTICLE X ENFORCEABILITY AND WAIVER A. No delay or omission on the part of any owner of land to which these covenants, conditions, regulations, and restrictions apply in exercising any rights, power or remedy herein allowed in the event of any breach of the covenants, conditions, regulations or restrictions herein contained, shall be construed as a waiver thereof or acquiescence therein. No right or action shall accrue and no action shall be brought or maintained by anyone whomsoever against Cedar Valley Crossing, its successors or assigns, or any member thereof for or on account of any action or inaction taken or not taken thereby in connection herewith. B. In the event that any one or more of the foregoing covenants, conditions, regulations, or restrictions shall be declared for any reason, by a court of competent jurisdiction, to be null and void, such judgment or decree shall not in any manner whatsoever affect, modify, change, abrogate or nullify any of the covenants, conditions, regulations, and restrictions not so expressly held to be void and the remainder thereof shall remain in full force and effect. C. In the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then and in that event, such terms shall be reduced to a period of time which will not violate the rule against perpetuities as set forth in the laws of the State of Iowa, and as shall be determined by the court as being reasonable. D. All property subject hereto shall also be subject to any and all rights and privileges of the City of Waterloo, Iowa, and/or Black Hawk County, Iowa, acquired or hereafter acquired by said town or county by dedication, conveyance, filing or recording of plats or covenants as authorized by law. Wherever there is a conflict as between these covenants Page 315 of 545 and/or the zoning ordinance or Iaw of the city, county or state within which the subject property is located,that which is most restrictive shall be binding. ARTICLE XI EASEMENTS A. Drainage and Utility Easements As noted on the recorded Plat of the Properties and Deed of Dedication, Declarant has reserved certain areas of the Lots for public utility, drainage, conservation easements and Common Amenities easements. In doing so, it is the intention of Declarant to provide the needed flexibility, for the benefit of all Lots and Owners, to properly install and allow to be maintained all electrical, telephone, cable TV, water, gas, sewer, storm sewer, and other utility service (including all lines, pipes, wires, cables, ducts, etc.) to the Lots. No other improvements or permanent structures (excluding walkways, driveways) shall be placed within such easements and any fences installed shall be subject to the rights (including the right to remove where reasonably necessary without duty of replacement or reimbursement) of any public or private utility to construct, maintain, repair, or remove any necessary facilities and the right of Declarant and the property owners to provide for and maintain appropriate drainage. No fence shall be installed across any drainage easement or across any Conservation Easement. Regardless of whether shown on the recorded plat, each Lot shall accept surface water drainage from adjacent properties whether or not located within the Properties and each Lot shall have the right to drain its surface water to the adjacent Lots located within the Properties. B. Additional Easement Rights Declarant reserves unto itself, for the benefit of all Lots and Owners, an easement right, title, and authority to relocate, alter or otherwise change the location of any drainage, utility or sewer easement and to grant such further easements, licenses, and rights-of- way, temporary or permanent, exclusive or non-exclusive, surface or otherwise, as Declarant may deem necessary or appropriate, for ingress, egress, utility and similar purposes on or within any Lot or Lots or any portion of the Properties. Declarant further reserves the right to more specifically describe or to change the description of any such drainage, utility and sewer easement, or other easement, license or right-of-way by written instrument, or amendment to the Plat recorded in the Office of the Recorder of Black Hawk County, Iowa. Each Owner shall take title subject to the right and casements reserved herein; provided, however, the rights reserved in this Section B shall not be exercised in a manner which unreasonably and adversely affects any Building or portion thereof located upon any Lot or any Owner's use or enjoyment thereof or which unreasonably restricts the rights of ingress or egress to any Lot. The rights and easements reserved by Declarant in this Section B shall run with the land. C. Easement for Emergency Purposes An easement is hereby dedicated and granted for use in the case of an emergency by emergency vehicles such as fire trucks, police cars, ambulances, etc., and emergency personnel, public and private, over and upon all Lots and any pedestrian walkways or sidewalks. Page 316 of 545 D. General Easements Each Lot is burdened with an easement of ingress and egress for maintenance, repair and replacement of public utilities as may be shown upon any subdivision plat. ARTICLE XII ADDITION AND REMOVAL OF PROPERTY A. Subjecting Additional Land to Declaration Declarant shall have the irrevocable right to subject additional land to the terms of this Declaration at any time in the future without the consent of the Property Owners of Cedar Valley Crossing. The additional land shall be automatically subject to the applicable terms and conditions of this Declaration. Declarant shall signify the addition of land by filing an amendment to this Declaration with the Recorder of Black Hawk County, Iowa. No approval of the Property Owners or any other person shall be necessary. B. Removin Land from Operation of Declaration Declarant shall have the right now and in the future to remove any portion of the Property from the operation of this Declaration provided that the portion so removed has not yet been platted into individual lots and a plat for that portion has not been filed of record with the Auditor of Black Hawk County, Iowa. Declarant shall signify any removals by filing an amendment to this Declaration with the Recorder of Black Hawk County, Iowa. No approval of the Property Owners or any other person shall be necessary. ARTICLE XIII MISCELLANEOUS A. Contractors Contractors are reminded of the requirement to keep sites clean. Weekly cleanup is required. The street right-of-way is also to be maintained and kept free of mud and debris. Silt fencing must be installed to prevent runoff into the street or onto neighboring property. If sites are not kept up or any damage to adjoining property or Common Areas occurs through the construction process, the owner will be notified by phone or letter of the violations by the Association. Owners or their contractors will have three (3) days to respond before the work is performed by the Association, the cost of which will be collected from the owner or contractor or assessed against the owner's lot as permitted by the Covenants. B. Remodeling and Additions Remodeling and additions to existing improvements are required to meet the same criteria as new construction. All criteria concerning aesthetics, color, site location, architecture, landscaping, grading and excavations, roofs, height limit, solar collectors, satellite television, Page 317 of 545 setback, lighting, hot tubs and spas, pools, etc., will be of significant concern to the Declarant or the Association. IN WITNESS WHEREOFJ)W&�-- �+l,1�'60 b t d as Declarant, has caused this instrument to be executed by its duly authorized officers this 15 day of 2011 Fusion Investments, LLC K--- By ODA , Manager STATE OF IOWA ) ss: COUNTY 01716xxt t� On this 1�5 day of G-►h u , 20 19 before me, a Notary Public in and for the State of Iowa, personally appeared, j`l ; !e-, Re L--A V,e,.t , to me personally known, who being by me duly sworn, did say that they are the Manager of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its members and the said Manager acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. *"'"t a BETH KIRKEVOLD Notary Public in and for the State of Iowa a _ p COMMISSION NO.729672 MY COMMISSION EVIRES 'a w� JULY27 2019 '.. Page 318 of 545 Consented to by Dupaco Credit Union By: .0 [Insert Title] STATE OF IOWA ) ss: COUNTY OF'D,6, This instrument was acknowledged before me on this day of Mnrok , 2C Eq,by m Dodds , as Coo, of Dupaco Credit Union. CHAD BR51T5P AECKER ommfsslon Number 785808 My Comm. .�l) E , Notary�&, Public in and for the State of Iowa Page 319 of 545 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Steege Investments, LLC, to allow earth-moving activities in preparation for development of the site north of 3488 Wagner Road, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ early access agreement Backup Material Resolution approving an Early Access Agreement with Steege Investments, SUBJECT: LLC, to allow earth-moving activities in preparation for development of the site north of 3488 Wagner Road, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approve document Steege Investments, LLC would like to begin work on a development site located north of 3488 Wagner Road. As a part of the project the City will be Summary Statement: entering into a development agreement and deeding over a portion of land to them to allow them to construct a new commercial building. The early access agreement will allow for them to begin earth moving activities and prep work for their project. Expenditure Required: None Source of Funds: NA Policy Issue: Strategic goals 1, 2, and 4 for economic development of the area. Alternative: Not approve Legal Descriptions: Lot 6, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 320 of 545 EARLY ACCESS AGREEMENT This Early Access Agreement(the "Agreement") is entered into as of 2020, by and between the City of Waterloo, Iowa("City"), and Steege Investments, LLC (the "Company"). WHEREAS, City and Company are finalizing the terms of a development agreement concerning a project to be undertaken by Company on certain real property described or depicted on Exhibit"A" attached hereto (the "Property"), located in the Martin Urban Renewal and Redevelopment Plan Area, and WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to surveying, grading and bringing fill dirt onto the property. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense,procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines,penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract,by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 321 of 545 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Steege Investments, LLC By: By: Quentin M. Hart, Mayor Managing Member Attest: Kelley Felchle, City Clerk 2 Page 322 of 545 EXHIBIT "A" Legal Description of Property Lot 2, except the North 250 feet thereof, Brock Third Addition, City of Waterloo, Black Hawk County, Iowa. Page 323 of 545 CITY OF WATERLOO Council Communication Resolution approving the project designs of a home to be built by Hawkeye Community College on lot 10, Block 1, of Manson's Second Addition of Newell Street, at a budget not to exceed $139,500. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Home Design Backup Material Resolution approving the project designs of a home to be built by Hawkeye SUBJECT: CommunityCollege on lot 10, Block 1, of Mansons Second Addition of Newell Street, at a budget not to exceed $139,500. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Adopt resolution The previously approved 28 Agreement and Addendum paperwork note that the City will sell the lots on Newell, and then: "Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the"Plans") and a not-to-exceed budget Summary Statement: for the Project." This action will approve the designs (attached) at a project budget not to exceed $139,500. Expenditure Required: $139,500 Source of Funds: Nuisance Bonds Policy Issue: Infill Development Alternative: Not approve, which will have the City continuing to accumulate lots and costs for maintenance, with no actions to bring forth new infill development The City of Waterloo has been actively working to eliminate nuisance properties, blight, and empty and abandoned houses within the community. As a result, the City has over 100 vacant lots in its ownership. Hawkeye Community College has a growing curriculum of construction classes to help train a new work force for the construction industry in all fields from carpentry, plumbing, electrical, etc. Put one plus one together, and they are ready to build homes in the Waterloo community. This partnership will help to train a workforce, that helps Background Information: existing businesses fmd employees, and will help for infill development, elimination of city expenditures upon sale of the lots, and overall new Page 324 of 545 revitalization into older neighborhoods. The cost of$139,500 into an older neighborhood may find the City only breaking even, or potentially taking a loss on the sale of the homes. We will see. Hopefully, as the program continues, we will be able to improve marketability of the infill housing, and bring a profit to the program. As a new program, we will have to see what we can do, what we may need to change, to keep it moving ahead positively for the Waterloo community. Legal Descriptions: MANSONS SECOND ADDITION LOT 10 BLK 1 Page 325 of 545 t 3 � It 041 Elevation Front 5C,4LE: 3/lro" = V-O" l t= i f 1 Elevation Rear SCALE: 3/16" = V-O" Sustainable Construction and Design 235 Newell St Douse 1501 East Orange Road F'0 Box 8015 Q PHONE: Waterloo IA 50104-8015 FAX: Bid� V. s DRAWN BY: CLARK / 5TRICKERT PAGE- HAWKEYM '�,�� SCALE: 3/1611 = 1'-0" 4/ 8 COk�lMU JFY COLLEGE DATE: Tuesday, September 1, 202REIEVATIO I N & S Page 326 of 545 ortabiA a 70TEa% �['p w -3. u�va 5 NEW 24'X 24� ncetellmhaut c ^w GARAGE 1IEH3.21'•>t: j Stone Cons±to Entrance I I Top-so I I r .I:::::: i i tockpfis j���� I I $nt .:. jgj j� 31 EW12'Xs' a jm al DECK ...... I� of :.:.:. o: I [ I I I [ I I I I I I I ,p�-o• I I 9'_nax^ I I I I t I STpQP ': I I I I I p I I I N 09'bl'S0.0150.000' 9 09'5'Jft lB' .COO' SITE FLAN C5 -' SCALE: 1" = 20'-0" Sustainable Construction and Design 235 Newell St House 1501 East Orange Road FO Box 8015 PHONE: FAX: Waterloo IA 50104-8015 3' { F LL DRAWN BY: PAGE: HAWKEY1� 1/ 6 ISS SCALE: 1° = 20'-p., COMMUNITY COLLEGE DATE: Tuesday, September 1, 2020 Site Plan Page 327 of 545 31'-4 II a'p v D v D a D a D a D a D v D a D a D v D b D a D a D a D (V D a p •p -n d'q 1 ) °O > ° N Q ° .q Q ° e Q`4 a ° p ° _ a D a v 4 a _ a'p p- a° 21-0`I 4 a Q•p q . Ii1-2" 'q 2'-8" 'p 101-1011 v 6 a A 4 A q q 11-4 1 ° 11-411 d p % > v D a v Q ° a A y a° °. ° a ° 4° � q v D v ° a ° j •q � q � ) m (P m 4 •p d'p D D ° 4 p Z3 _6`p ) ) v- a a ° a a a D a a c 11-4„ a a ° a p . Q N Q'p aD D a ) _ 'q a 4•p p - ,� ° 4 101-1011 a a 181-�0" Qap °• L D v ° 4 ° Q 44 Q`q ODv D v D 2- ° b ° a ° a 1 vD a D a D aD vD vD aD a 4 ° 4 ° 4 ° O G a ° a ° a ° 4 m ° q ° a ° a ° a ° , a 4 4 — 'L a'p a'p Q'q a Ip Q`p d'p d C, m 14'-1011 Footing Plan SG,4LE: 1/4" = 1'-011 Sustainable Construction and Design 235 Newell St House 1501 East Orange Road PHONE: F0 BoX 5015 FAX: LUaterloo IA 50104-8015 € s .� Yui �l ,� 11 �. �ErY y�fy'gii,,�. air �t;1,6, DRAWN BY: PAGE: {'t ' ' SCALE: 1/4" = 1'-0" 2 COMMUNITY COLLEGE DATE: Tuesday, September 1, 20 2.0g Plan Page 328 of 545 341-1111 414o" 301_511 1 d a pa a� a �7Da a pa vd a pA ' �....�.........��.....�———------------—— ———y.......—t--—-------- -—----------- CIA —...........�.... _ ------------------------------- - ---------- ------_--___---------------- , � ! s I I ———..——— —— N 1 V 1 p v nd 4 , I I 1 1 ' 1 ' fl 1 II I I 1 I I 1 I ' 1 C4 ' ————————— p ' E V 1 4 1 ' I 1 I ! 1 6 I I , l 1 i l 1 1 I I I I 1 k 1 1 av ' 'N 111-23/4" 1 _911 2_511 111461/4" 1 1 1 1 ' 04 [ill 1 F../► 11-4 L37 I I F p 1 151-g11 � dq � s4 , o I 1 I k 1 ca 1 ' 1 1 1 1 a F I I`- 1 3 4 E I I 1 6 a 1 C(1� 1 V I ! I 1 1 I 1- -------------- - p d L, ..t__—_—_ 1 F I 1 I [ 1----------- - I 1 1 E 1 € I SEWER I 4 I F ' 1 MAN WATER 1 1 I I ! I ! P 1 ! I 1 MAIN SUMP .a N1 .f__�—— ——_— ——— ————————————————————————�� F ————————— - 1 1 < Q r r7 Q a r 17 V ! 1 S _'--_.......————— 1 1 --—-— -- ------------—------—--�_........------- J- 1 ------,— 1 ' a 1 1 D 1 1 1 ' ------------------------ 0 1 1 , 1 — v , 1 1 , ' t I — 1 Oki——____—..... ————————————————————.........————————' F I 1 I F 131-11'1 161-6------------------------ FOUNDATION_ 1FOUNDATIO1/ l SCALE- 1/4" = 11-011 Sustafnable Construction and Design 235 Newell St House 1501 East Orange Road Y PHONE: PO Box 8015 FAX: Waterloo IA 50104-8015 � . i Yt t(�, •'Y 9y ;V {v € DRAWN BY: PAGE: SCALE: 1/4" = 1'-0" s f „FL C SEE DATE: Tuesday, September 1, 20 Y p Foundation Plan Page 329 of 545 p a \ll 12'-21I 9 d p v 4 d 1 m x 1 BED #3 ( ---- ---- , 4 tr p v• o I I I n, L — — — — — — I I a 4a ---- ----- ------ ----------- BATH ---- ---- ---- -- -BATH 4' [ DROPPED SOFFIT5 F 7 AT e'FJ-V, ° F 2-4011 4 D E5 LI aO � I I d– 1 L — — — — — — — — — — — J ° 4 D D 3�u a O° 4 d I _ e °v O 1 4 MECHANICAL -PAF- J' a_ 4 - ° D° F, A.BED #4 ' W. H. a x I 1 $EWER �_ I O MAIN WATER O O 2 .qo a , LIFT O SUMP C Q PIT PIT o 4 I 1 e Qe e ae e a. V711AIN oO G? oO rQ 4 M _ ° e v Q v .v e < v Q v .a O 1 D .n p 4 V! Q^ d d Qa 6 4 pv d 13'-11" lral-foE1 Basement Plan SC,4LE: 1/4" = 11-0" Sustainable Construction and Desien 235 Newell St House 1501 East Orange Road 'qPHONE: PO Sox 8015 Waterloo 1,4 50104-8015 ` Y FAX: ;L DRAWN BY: PAGEHAWKEYE : OIfvilJNf .rjgk SCALE: 1/4" = 1 E-0" 4/ 6 COLLEGE DATE: Tuesday, September 1, 2020 Basement Plan Page 330 of 545 [ Il x d 4 ^ d 12'-53/4" P v I c4 I cR BED # 1 ---- ---- I I m ---- ---- I KITCHE ' 1'43/4" ---- ----- 103/40 ---103/40 1'-11!/2" I ° f -r�- a I BAT ; 5'-411 I I V48D ^pRpppEp rOFFITS AT 8' ELV. , 4 I I x FAMILY ROOM li_�II I 12 -J3/416'-144 — — — — - 11 I P I I I I I P I BED # 2 , � a 4 21-11t a I I P 5'CEILINGS IN RAISED CENTERS a x 5'-2 a p no p .v e 6'-411 x 5'-21' >ro'-1042'1 MAIN FLOOR_ SCALE: 1141` 1'-01, Sustainable Construction and Design 235 Newell St House 1501 East Orange Road PHONE: 5 PO 13ox 8015FAX: Waterloo IA 50104-8015 v �- �l t} ` h�5 elm a a � DRAWN BY: PAGE: HAWKEYE " 3 R SCALE: 1/4" — 11-0 DATE: Tuesday, September 1, 20 Floor plan Page 331 of 545 Typical Truss Roof Asphalt shingle 1/2" OSS with W Clips F're-engineered Truss 2' O,C. iz-60 Blown-in Cellulose Insulation Aluminum soffit and fascia " O S stapled to the Inottom side of trus's Q 11/2" rring strip CertainTeed vfnyl sfdin!2 with /S drywall ICI= 6" wall R-22 a Tyvek drainage plain 1/2 Drywall Taped t Banded D, O JD1.' Tn1 In talled tomdnufa tures speciffP' _ a c '4 P ,0 9 'p T�plca easement Moor a'a 4" Co trete slab Emil Poly vapor barrier IGF Installed with manufactures specifications 2" Rle d Insulation a V2" Drywall Taped 46anded Comps ted granular fill a P' .q D a d 10"x24" Concrete Footing with two number 4 Reinforcing bar continuous EXTERIOR WALL SECT ON.s d 0- SC4LE= 1/4" = V-0" Sustainable Construction and Design 235 Newell St House p�g��. 1501 East Orange Road l PHONE: � � PO Box 8015 Waterloo 1A 50104-5015 ` FAX: 2 � ` 's� ,� DRAWN BY: PAG6/ 6 ` ... SCALE: 114" -- 1'-0" OC31'�MUNF�Y COLLEGE DATE: Tuesday, September 1, 2020 Wall Detail Page 332 of 545 CITY OF WATERLOO Council Communication Resolution approving a request from Modern Design on behalf of Image Pointe, for an appeal of the Driveway Policy to allow for an extended curb cut on Cornwall Avenue located at 1224 La Porte Road. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Resolution approving a request from Modern Design on behalf of Image SUBJECT: Pointe, for an appeal of the Driveway Policy to allow for an extended curb cut on Cornwall Avenue located at 1224 La Porte Road. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve Resolution. Modern Design Architects on the behalf of Image Pointe is requesting an appeal of the Driveway Policy to request an extended curb cut along Summary Statement: Cornwall Avenue to allow for 8 reverse angled parking stalls on their private property that would be accessed directly from the street on the property located at 1224 La Porte Road. Expenditure Required: None Source of Funds: N/A Policy Issue: Driveway Policy The applicant is requesting to have and extended curb cut to allow for parking along the north side of their building adjacent to Cornwall Avenue. It would not appear that the request would have a negative impact on the area. The request would not appear to have a negative impact on pedestrian or traffic conditions in the area. The applicants will need to ensure that the driveway and parking area is properly graded, drained and hard surfaced per Section 10-25-2(D)of the Zoning Ordinance. There are no known utilities in Cornwall Avenue and an 8"sanitary sewer line located in La Porte Road. The applicant is requesting an appeal to the City Code requirement restricting the length of curb cuts. The applicant is proposing to use the extended curb cut in order to create additional parking using reverse angled back in parking. The new parking area will be along Cornwall Avenue on the Page 333 of 545 northside of their building. The applicant is proposing to add 8 spaces along Cornwall in addition to their regular parking that faces La Porte Road on the east side of their building. Image Pointe is in the process of expanding their building and is looking for ways to insure that all their employees and visitors have sufficient parking as the neighbors along Lorraine Avenue (the street south of Image Pointe)have been very vocal about vehicles parking for extended periods in front of their homes mainly from Enterprise Car Rental but have also complained about Image Pointe. Staff does have concerns that drivers will turn west along Cornwall Avenue and turn directly into the parking spaces which would cause possible visibility problems when they attempt to back out of the spaces. However, Cornwall Avenue is a low traffic street and Proshield Fire & Security which is located on the north side of the street does not generate a large amount of Background Information: customer traffic. The applicant has indicated that the parking spots will be for employees who can be directed to back into the spaces, and the stalls can be signed as employee back in parking. There will be no direct connection from the parking spaces located off of Cornwall Avenue to the main Image Pointe parking lot along La Porte Road. The main parking lot is the former La Porte frontage road that was vacated and the applicant has installed jersey barriers on the north side in order to stop people from using the parking lot as a short cut. The spaces along Cornwall Avenue will be on Image Pointe property and will not take up any city right-of-way although the existing grass area will be replaced by pavement for vehicles to access the new parking spaces. At their August 25th, 2020 meeting the Board of Adjustment voted unanimously to approve a variance to allow for the proposed reverse angled parking At their September 1st, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the driveway appeal. Therefore, staff recommends that the request by Modern Design on behalf of Image Pointe for an appeal to the City Engineer to allow for an extended curb cut on Cornwall Avenue located at 1223 La Porte Road be approved for the following reasons: 1. The street in question is a low traffic street. 2. Vehicles will be park on Image Point property, not on city right-of-way. Subject to the following conditions: 1. The parking area would need to graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance and meet specifications of the city engineer. 2. The parking area will not block the sidewalk or street system in the area. Legal Description UNPLATTED WATERLOO WEST PART SE NW SE SEC 36 T 89 R 13 COM AT A PT 100 FT W& 130 FT S OF NE COR OF SE NW SE THS 170 FTTHW 188.6 FTTHN 170.16 FT THE 187.2 FT TO PT OF BEG &A LSO COM AT A PT 30 FT S & 100 FT W OF THE NE Legal Descriptions: COR OF SE NW SE TH S 100 FT TH W 187.2 FT TH N 100 FT TH E 187.2 FT TO BEG &ALSO COM AT PT 30 FT S OF & 100 FT W OF Page 334 of 545 NE COR SE NW SE SA ID SEC TH S 270 FT TH E 67 FT THEN 270 FTTHW67FTTOPTO FBEG Page 335 of 545 September 1, 2020 REQUEST: Request by Modern Design on behalf of Image Pointe for an appeal to the City Engineer to allow for an extended curb cut of Cornwall Avenue located at 1224 La Porte Road. APPLICANT: Modern Design, 1224 La Porte Road, Waterloo, IA 50702 GENERAL The applicant is requesting to have and extended curb cut to allow DESCRIPTION: for parking along the north side of their building adjacent to Cornwall Avenue. IMPACT ON It would not appear that the request would not appear to have a NEIGHBORHOOD & negative impact on the area. SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN pedestrian or traffic conditions in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO The Riverview Recreation Area trail is located 0.379 miles to the RECREATIONAL northeast. TRAIL PLAN AND There is currently no sidewalks on either Cornwall Avenue or La COMPLETE Porte Road although a recreation trail and sidewalks are planned as STREETS POLICY: part of the La Porte Road/Hess Road reconstruction, which is currently going through the engineering and design process. As part of the installation of the driveway it will be required have the sidewalk section, so sidewalk could be extended through the area in the future. ZONING HISTORY The lot in question is zoned "C-2" Commercial District, and has FOR SITE AND been zoned as such since the adoption of the zoning ordinance in IMMEDIATE VICINITY: 1969. Surrounding land uses and their zoning are as follows: North — Proshield Fire and Security and Dad's Pub zoned "C-2" Commercial District. South — Enterprise Car Rental and Liberty Car Sales zoned "C-2" Commercial District. East — La Porte Road and US Highway 218 zoned "M-1" Manufacturing District. West — Residential zoned "R-2" One and Two Family Residence District. DEVELOPMENT The area includes homes that were built between 1956 and 1959 HISTORY: and commercial business structures that were built between 1957 and 2020. BUFFERS/ No additional screening would be required. SCREENING REQUIRED: DRAINAGE: The applicants will need to ensure that the lot is properly graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning 08/01/2020 Parking Appeal—1223 La Porte Road Page 336 of 545 September 1, 2020 Ordinance. FLOODPLAIN: The property in question is not a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN Kittrell Elementary School is located 0.379 miles to the southwest, SPACES/ SCHOOLS: Hoover Middle School is located 2.0 miles to the southwest, and West High School is located 1 .42 miles to the west. Riverview Recreation Area is located 0.568 miles to the northwest. UTILITIES: WATER, There are no known utilities in Cornwall Avenue and an 8" sanitary SANITARY SEWER, sewer line located in La Porte Road. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as Commercial. COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — The applicant is requesting an appeal to the City Code requirement ZONING restricting the length of curb cuts. The applicant is proposing to use ORDINANCE: the extended curb cut in order to create additional parking using reverse angled parking. The new parking area will be along Cornwall Avenue on the northside of their building. The applicant is proposing to add 8 spaces along Cornwall in addition to their regular parking that faces La Porte Road on the east side of their building. Image Pointe is in the process of expanding their building and is looking for ways to insure that all their employees and visitors have sufficient parking as the neighbors along Lorraine Avenue (the street south of Image Pointe) have been very vocal about vehicles parking for extended periods in front of their homes mainly from Enterprise Car Rental but have also complained about Image Pointe. Staff does have concerns that drivers will turn west along Cornwall Avenue and turn directly into the parking spaces which would cause possible visibility problems when they attempt to back out of the spaces. However, Cornwall Avenue is a low traffic street and Proshield Fire & Security which is located on the north side of the street does not generate a large amount of customer traffic. The applicant has indicated that the parking spots will be for employees who can be directed to back into the spaces, and the stalls can be signed as employee back in parking. There will be no direct connection from the parking spaces located off of Cornwall Avenue to the main Image Pointe parking lot along La Porte Road. The main parking lot is the former La Porte frontage road that was vacated and the applicant has installed jersey barriers on the north side in order to stop people from using the parking lot as a short cut. The spaces along Cornwall Avenue will be on Image Pointe property 08/01/2020 Parking Appeal—1223 La Porte Road Page 337 of 545 September 1, 2020 and will not take up any city right-of-way although the existing grass area will be replaced by pavement for vehicles to access the new parking spaces. During Tech Review Mohammad Elahi noted when La Porte Road is reconstructed, the main road may be realigned to replace the existing frontage road and may change traffic patterns in the area. Schroeder stated that he discussed the proposal with AECOM who is designing the redesign of La Porte Road and they did not think it would affect the proposal but they would look at it closer. At their August 25th, 2020 meeting the Board of Adjustment voted unanimously to approve a variance to allow for the proposed reverse angled parking At their September 1 St, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the request. STAFF ANALYSIS — SUBDIVISION There is no platting required as a part of this request. ORDINANCE: STAFF Therefore, staff recommends that the request by Modern Design on RECOMMENDATION: behalf of Image Pointe for an appeal to the City Engineer to allow for an extended curb cut on Cornwall Avenue located at 1223 La Porte Road be approved for the following reasons: 1. The street in question is a low traffic street. 2. Vehicles will be park on Image Point property, not on city right-of-way. Subject to the following conditions: 1. The parking area would need to graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance and meet specifications of the city engineer. 2. The parking area will not block the sidewalk or street system in the area. 08/01/2020 Parking Appeal—1223 La Porte Road Page 338 of 545 City of Waterloo Planning, Programming and Zoning Commission September 1, 2020 rq sT R-4 v°'°ti S ���Z �iq'� y yrs T I J LL M-1 �9T� o� p C�1+ 7 Oiq< 54 5 PBEST IGHMEYT z S / 9 z NA'WMOND q�' S �, w Q w R-L h�FRs u N Q D M-1 Z Z WYCOMBE HE NR w sT y �.� 00 w ✓F�� �. 5� T O $ w ?O 5 O '1' �� A-1 PRINCE S Sr \O GRANT AVE O 3 ❑ T Z Z O J /V a � � R-2,C`Z' C•2 CO LST WILLISTON AVE o � BERTCH AVE 1y451 9� uPAPER MILL T /EFORESTAVE g w F F Cedar River > 0 HAWTHORNE AVE O z HAWTH RNEAVE = R-3 o z BYRON AVE O BYRON AVE °2 E 3 0 3 TEMPLEAV GLENNY AVE O 4 Zcs W N W Tg REG AL\A Z ❑ 0 TY AVE R-ZOf -Z LIBERTY AVE Z O m �\ O w <\ A-1 ION AVE PATTON AVE C'Z �\ g m\ n g '\ R-2-;C-Z E.MITCHELL AVE I E.MITCHELL AVE R-2 \� Harold s LAND AVE w BOU LAND AVE Getty Lake m w T m NALLAVE ❑ NCORNWALL AVE M-1 0 i o N tAINEAVE p ¢ ¢ w z LORRAINE AVE Z = p Z O • / ION AVEEASTON AVE g y EASTON AVE )CKEAVE °y ai LOCKE AVE O z C-1 cO2 LAE OKE J z V LORETfAAVE HOWA DAVE 3 HOWARD AVE u0°i HOARD 3 ISNER DR PLYMOUTH AVE E.RIDGEWAYAVE E,7 W ofN .INDNER DR0 ~ N. 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INFORMATION HEREIN REMAINS THE - i.DIY:' -0' ��" '.?" �r':` ::DETENTION P1T flIA. STORM LINE=���`--�`� ""'`�"'' _ ' Q j - +:l art,:�wi�:ra .1';•..r. '-�'.'Yti is i.�;*�'^ r TRAFFIC SIGNAL POLE T- STORM INTAKE 1 r;i'r Lam. e" PROPERTY OF MODERN DESIGN ARCHITECTS �,;j'":.;!'•�i lir:-:�: �i n[-: L`�.•;}': =' _' „':.. `.-:`" :`as ': =: W:;. .;";=! INC.AND ITS USE OR DISCLOSURE TO OTHERS �w� :�. � %-'�+•s.. :ii': ■ i��'•`..•. IS PROHIBITED FOR ANY USE NOT E .,•....•'- °•:'' IRRIGATION HEAD ... {•. ti;' ti ; ' moi'• - - f-::'. .�}.^•. M1:• i:ki: r'-. '•r� =�':..e-• z}.." vi��: AUTHORIZED BY MODERN DESIGN =f - "4 4" _ s: s pr :.. .ri,. S *[:Y `a':`'%�� PC ARCHITECTS INC. ti �: 0 PROPERTY CORNER ,: 1 G G — -----�_----- — ----�—=.r_ --_—_ 9� "� ''':'-:',;,: : :'r';;,' " 6;::' nil: CONTROL POINT O 1 —i— �. : �� L;•;• SHEET TITLE. wv __ ----- I -' + �N + 1 — o r., ( r "y; ' t;' 1 � LIGHT POLE _ w LIGHT ON MAST ARM ' I ;'t.. . E—o-- \ e, ---------- --------------------- I -1: ` POWER POLE : .` ; =,_:.'. ,:It-:';. 0 UPDATED I . 9 9 STORMWATER tE E JI + '[t _ __ - ` Q�� POWER POLE WIGUY WIRE '`_.,,.— ■ ETENTION E E __ ,::{. �`: ,z; t�_,,r, � - -!L "...--..,- .,- o �_ E E , - ���� r :w -� .-,,--," SITE PLAN _ -- _ _ _ -T''"" �!" 51LT FENCE fX.,_� _F-Illf- xy .; P �• ,.�•;','3!::;-racy-r:-.:."_•�;'"z i - - `e�-� yr _ s. __ ".1�•'L:.:: .I_L '�.','�..�'�'=`'.-�Y', is3w _.'''y:`'"':P_:::~L'::-..v:"'. A:'-''i.� :.i" -:i`ti;is•" - ,��•'- .fes �.r •.1"z;lii •7i=.,: :�i,..�'.!1•... `r-5'.•y;s�, [=•`.;r.'i .r.-. ;:i,�-:;:,3-;".",:r.•,hiY- •::-.--:'-::::': .a_'•;,•:• ,w' �r'a=+•r,:' •a`. ::'T �,�,:; :_. :^!'�c�` �_. ' _ :: EXISTING CHAIN LINK FENCE ,.I'::a•";�!...gni�.. -i•...: T- ni ": .{ sir''-rn.'":�v`�-:.•_ �` �`{ .I1=• a 3. 1. ,•:,-::- -rte '-f^ ..��rppr,]��`` '- F r R' •S, - 3r +� - _ .•'7'r;...2:•e;Jf,•.,r�_''�"•:.i�':�,h:_:::.",".�."''r..�..r ,.,,-.1•:.:'e...':•"i '4w - •.L:"+ •:'1- it ��: •3r,.::r'.:i is s: ;:�,��.,,.;;:•::: .-.'k� .,t;.��:':•,;;.,r-�':;ir;',:;:.. t..,rT'S-•.;•; i::':.,:::; ";:-, ::;:, = .f.; is, _` , _ F_ FILTER 50CK5 - :'*.`" r.i' r.y,. '.:tom.,",.Fy� 3y,_ •.r.,•i :•'-F•!,;".• ..,„n.-:..+-.. -..:.- �-t' ,-:... .:=::.v".-...-.:'=-...,.� - ,..Y' .:)- air.. q:.:ff..i;:e." •.�� i.L+ i-�.: ..�.:is::...:.ii1 S i - ,4.- ''i i�,i :i] .•I��'�-[[:'!'•"'.:!'Ji:ti::::�'•-!'wir�,i:,.'-� - .•:{•. L r :�2� -'1p rn_ i. .0. 1•. l" '" .7• ,1. -.d', - L :'y..1^[fit'. '.i:.':,- e.s'• ,1=;' Y7.':�.,,r-;:," Sti:.'J'ry.r:a%:� •i °l• _ ,•Er,� _ tiny., '',y:`. - i'•r..:;ji'•r:i•".Y �:r `:i'i'i":':'�:'•^<i':,'i:d•::';-?:;-;_`�:-'!-. .rt. i-i 'af• .rda:''-vii':^i`•- s:i.'; '�:i3" i'+.,.3 i,r.:'::;:•. � �, �;;::�:,�- ,i•Fi :'"•i.,: r !.rte �;r - :[ '�'}"e ?I..=i�=":-n•,;'•''-::":.�:i.a r��. i'F:!:�::'r"s-.;':r':�'..1".,"'�;,'�,!-�e...R.��,:�".. _ _ - - '=;==�r=�'' .� _ ," •"� EXISTING TREE i.: SHEET NO. 01FUTURE ITE PLAN SCale 1" = 20'-0" Page 341 of 545 1223 La Porte Road — Curb cut appeal dIN IZ Y Looking south across Cornwall Avenue toward the location of the proposed curb cut. ----- Looking north across Cornwall Avenue from the proposed curb cut. Page 342 of 545 II i i 1 Looking west along Cornwall Avenue i .J'6 f �r Looking west along Cornwall Avenue where the curb cut is being proposed. Page 343 of 545 APPLICATION FOR OTHER REQUEST CITY OF WATERLOO PLANNING, PROGRAMMING, it AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Type of application(please describe): Driveway Appeal b. Applicant's name (please print): Modern Design Address:1224 La Porte Rd Phone:319-967-2101 Fax: City:Waterloo state:IA Zip-50647 Email: Jim.trunnell6Dmoderniowa.com c. Status of applicant: (a) OwnerQ(b) Other_e (SELECT ONE): If other explai0rctiltect d. Property owner's name if different than above(please print):image Pointe Address:1224 La Porte Rd Phone:319-234-3109 Fax: City:Waterloo State:IA Zip:50702 Email: 2. PROPERTY INFORMATION: a. General location of property:1224 La Porte Rd, Waterloo, IA 50742 b. Legal description of property:Parcel ID: 8913-36406-018 Dimensions of Property Boundary(Excluding Right of Way):270* (Might of way on three sides.)(916'total 4 sides) c. Area of Property(Excluding Right of Way): 50,760 sf d. Current zoning:C-2 e. Reason(s) for request and proposed use(s) of property: Extended curb cut to allow for additional parking L Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from this request). The filing fee of$100 (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be enacted into lava. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersig=wner �D4a enter the prop y in s i in regar s o equest. LISi ature of Applicant Date re of Scanned with CaMSCdPMtr 44 of 545 Legal Description UNPLATTED WATERLOO WEST PART SE NW SE SEC 36 T 89 R 13 COM AT A PT 100 FT W & 130 FT S OF NE COR OF SE NW SE TH S 170 FT TH W 188.6 FT TH N 170.16 FT TH E 187.2 FT TO PT OF BEG & A LSO COM AT A PT 30 FT S & 100 FT W OF THE NE COR OF SE NW SE TH S 100 FT TH W 187.2 FT TH N 100 FT TH E 187.2 FT TO BEG & ALSO COM AT PT30 FTS OF & 100 FTWOF NE CORSE NWSE SAID SECTH S270 FTTH E67 FT THEN 270 FT TH W 67 FT TO PT O F BEG Page 345 of 545 CITY OF WATERLOO Council Communication Resolution approving an amendment to the Development Agreement with 401 Devonshire, LLC, changing completion date to May 7, 2021, and approving a different style of new single-family home, located east of 405 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Amendment to Original Dev. Agr. Backup Material ❑ New House Design Backup Material ❑ Original 401 Devonshire DA Backup Material ❑ Original House Design 1 Backup Material ❑ Original House Design 2 Backup Material ❑ 401 Devonshire legal Backup Material Resolution approving an amendment to the Development Agreement with 401 Devonshire, LLC, changing completion date to May 7, 2021, and SUBJECT: approving a different style of new single-family home, located east of 405 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City of Waterloo entered into a development agreement with 401 Devonshire, LLC for the construction of a new single-family house at the southwest corner of Devonshire Drive and Ansborough Avenue. The developer indicated that the project has been delayed due to circumstances Summary Statement: occurring with COVID-19. All necessary preconstruction site approvals have been completed and construction has to start by September 15, 2020 and be completed by May 7, 2021. The house design has changed and that is a part of the amendment. It is similar to the other two previous designs and compatible with the neighborhood. The original development agreement is attached for review. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development Alternative: N/A Page 346 of 545 The City acquired this property through the Interstate Substitution Program Background Information: in 1986 and Iowa Code 306.23 was followed, offering it back to the previous owner and no responses were received on the letter that was sent. Lot 22 of Byrnbrae Second Addition, except Parcel"E"of the SE 1/4 of Legal Descriptions: Section 33, T89N, R13W, City of Waterloo, Black Hawk County, Iowa, as shown on the plat of survey recorded as document 2019-19609. Page 347 of 545 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of September , 2020 by and between 401 Devonshire LLC (the "Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. Developer and City are parties to that certain Development Agreement dated as of August 19, 2019 (the "DA") concerning the development of property as described in the Agreement. The DA has been filed in the land records of Black Hawk County as Doc. No. 2020-06444. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Paragraph a of Section 3 of the DA is stricken in its entirety, and the following new paragraph a is substituted in its place: a. Construction. Developer must begin construction of the Improvements by September 15, 2020 (the "Start Deadline") and must substantially complete the Improvements by May 7, 2021 (the "Completion Deadline"). If Developer has not in good faith begun construction of the Improvements by the Start Deadline, then at City's option title to the Property shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or been substantially completed, as applicable, within such extended period, then the title to such part(s) of the Property shall revert to the City after the end of said extended period. 2. Exhibit "B" of the DA is stricken from the Agreement in its entirety, and a new Exhibit "B" as attached hereto is substituted in place thereof. Page 348 of 545 Page 2 3. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 401 DEVONSHIRE LLC By: By: Quentin Hart, Mayor Robert C. Moore, Manager Attest: Kelley Felchle, City Clerk Page 349 of 545 ahp o ® ADVANCED HOUSE PLANS CONNECT WITH Y�l�} � OOD ADVANCED HOUSE PLANS SERVICES This plan was of-Tg-d and draft.d 6Y Advanced Pesigns InO.to Zee FilM average conditions and codes In the State of Nebraska ai the itme - Et was designed.Thio plan was aEso des[grwd far aslsmlc tuns I. _.__-. _...__. __..- _ _. _......_. ._.._ --_ .. _ - _ _ - - - __ - F1NAL Because .......... ......_ ... o3-I6-15 Jurl¢dicti. to JurladlcLlon,carxlat waren[compliance with crryy sppeclF4c code Gr regquulation Consult your focal bulidter�official to gEv1510N g dst rmine the suitablEtty of these pia s£or your ap GiflG alts and 'I appllcatlon.This plan can r t adaappted to your IOrB1 buElding codes ord r qui msnks,however,It Is LF>°resporelbllttV F the purchaser and/or builder of lh's pian to see that the s}ructurs la 1,01t In strl.t compliance with al}9overning municlya]codes Wj laity,county,siaLo and FederaU.The purchaser and/or builder F this pian releases the �� �+ ( deaf per from Oat-or lawsuits that Mari—durlllg tFle faeebaol�.com/AdvancedNousePlans �.A c q ay con&vctian or this sWcture or ary}fms i1,-arter. -- f ouseplans n •IF{he conbadcr or sub- ontractor,In the course of{heir work -i c elwee Ian a Lhe sical Furls any dl.crepanGiea b n tFw p rd pry GPndlllons of Sit_5)le or stru tare,IX arryy—.1.In the pldn4 or l -13 speclFtc.alloro,li she€f be ihsir reapansEbllFty;0 lmmed3 telgg E _ r -�S Z Infamn ADF,whP wFif roc ki veriF arcf If peaces l the p y y o y7.111 t m warklrtg drawfrr_ls.,A ork dorms offer each discovery will be tLU f tter.Gom/advhougeplrana a '10- at the contras ors a arse- ' nced , , PE61GN LOADB: 1 - d Q • Elaor, RoPF: Ce111fr: 1 i adv _30ps1deo l5 psf,dead lO Psr.dead b paF,dead g • Sou boaring Capacity-1500 psf, ..l Li-loads,dead loads,wrrd 1 ads, w loads,lateral loads, houZZ,Gom�pro/advhou5eplan8 selamic zonirg-nd cry ops ciaky loading ndlLi0-will need to be confirmed before aruttucLlon and adJustmsnta to pian ry - n c e made accordingly. See your local building nFFlGiats far , y ' q verlFicatlon of your spe'N.lead data,zOnirl3 testrictlons and {;%'� " Q O �lOuse�la F1 SCUSTOI��IS site cordltron>. i CONGRVE AND FOUNPAT301,l5, "^r All f undatFon Walls and slabs on grade shall be 3000 P51 �.r..ti� 0 f28-day cosprsasivs atrengLh OoncreteJ'unless noted olhenulee. Week • Ali Interior slabs Pn grade shall bear on A"compacted grars,W Home of the Week email r fill with 6 mil.palyethylerxi vapor barter urdorn=ath. X Z.PravFde proper expansion and o'M-1 Joints as per Eoca] G ....-.. _ _. .......... All 36"x 36°x IS°concrete pads to have(a)05 rode .._ .. ...........__- _._._ ... ...._ ... .... ......_____ _ ._.. ...._..._ __ • All W1 4S"x 24"GP—te pads to have(4)-b rods d each wa FOundattay. n walls are not to be backfilled until properly braced. 0 A Yerllyg deppth of Frasl foaLings with yo local odea, + rp'rnvfde<armlle protec[lon as required by HE1p minlmum -- - W ropertyy standards. - - m Fou eatfon bolls meet be anchored to sill plate with 5/a" bolts..bedded Ib"in concrete malls. 5TEEL: s Alf atructurai steel for beams area plates shall comply 9 Aith ASTM speciflcatfon A-36. [(OD ll structural feel forsteel columns shall comply with ASTMpecifleatlon A-83 Grade 13 or A-501. sAll relrforcing¢keelfor concrete shall comply with ASTMA-611,a at- shI-in al(beam pIaockets. Steel lumpsare 0 bo 9'I.D.(tralde diameter)un}edsnoted otherwise.FRAMING MEMBERS:unless noted oterwlss,all Famrng lumber shall have thefollowlnq GhazaGlsrleilcs:=7,000siFv>lb Psl E 1,400,000 psi `X' rrlraclor Lo confirm Lhe IZe,e�aaGlrr�and sire%Chard to Sstice Of all ITamlrr��qq and sirucTural members to meet your localcodeHOIe sixes and Io Uo-in GluLam Pr LaZtreted VeneeredW L-be lL.Y.L)members ars to be-W,m,°d by a ProfessionalrrgArrra- -8 members not.Indi"ted on{he pianOPubie ri-e Jolsls ardopartition walls,unless noted • All-kb lorEnq. assumed to be 314"thick glued c-[led. All exterior watts are take?tined to a Ov of I/2°ahsafhlrxj .• r Calculated dlmerolons takes Precedaxs Over acaied dime slam. o • All angled walla on floor plans we at 45 degree angle, 3 mess o{henvfse ted. • Ary wait 14'-0"high or hlgher shall be 2x6 argil bakfoon framed • Unless rated otherwlas,above all openings that we, v I! - (1)Load blaring art less than or equal to 3 rt........,ass 4x6. `v {2)load herd art more That a f[...........................use(2)2x14 c _ w with V2"PI.od bstws¢n, s (a)Nomload beazirlg and less than or equal to..... --g-(4,6- 'd ....ass 4x6- (4)No :I heaftnq and more than 6 n.....................use f2)7x12tl with V2°Plyuaod be[waen, - PUB, m {5) Atl exterlor opening.ues(2)U2 with 1/2°Plywood between All trusses to be nglneered byy truss m rwracturer a cordirxq to the toadtno trdtcated on tht¢plan. a _ • All exterior corners shail be bra cod to each dlrection with let-in _ - @ p diagonal bracing Fy�nnd. • Place fU rai+�of!°x o �rfdging on all spans ver S'AS and _ nm5�.6 v f23 rows or I x 3"crossaarldq i on all spare neer 160°, O - - - _ - - - as • Coil-tles ora to be spa.-4- ore, - • A11 pz,rlfn and klGker.ars to be 2.Os,Wss,s noted otherwise. - S $5S V hlp or valleu rarters over a 2e'O"span aro to be Lanlnated (L pa u3,. Veneer Lumber .v.LJ. `t-/1A� _ ®®®®®®®® (\n1/ j gg MItiG.NOTES: ISn//� - - j)f!!✓✓✓ $72 § U P fabdcaLed rlreplaces and 41ues ars to las O.L.approved � V �� nd Installed as per manuFaciursr's spto be • All materlaL,wp�Il and equip en4 t be Installed as per mdrNlfdctilfer's a ciflestlon and el 1PGal GOdeH and _ _ _ _ _ requ1remenlo. p p _ _ Provide pr p r Insulation for a!i plumbing. ®®rX]HUM Y • 1/2"watsr+eslutant drywall around¢hoovers,tubs and whlripoola. 1/2°drywall"nrl Interior walls and csll(nge. ® • b/5"typo X Fire cods drv��aft On garage walls and cellrngs. • When—brand is gip—Tfler+d Windows are called out by glass size _ - onI. • Windows,if rot noted,are assumed to be casemdrls. 0 2014 • Header heights azo labeled to bot{om of arched transoms. • GonFlrm window opent1qs For yaw focal egress requlrsmenla art o tntwst light and vent ,Is re d- q"ulramsnls. Heaem b of¢tas shall have a inimum clearance or 6'-a°high • Provlde proper hardralls aL slabs per local codes. + The m chanlGal and electrical fayeuts are aug3e.L.d on€y, consult your We -alcal and elecirlcal contractor. r exact 9peclffcdtioro,locdtlona and slZes- • Jog flus to rear or rldgge as nscessa y, �` s Provide propwr willOrall electr€cal appliances, • C 7 O 6 mechanlca}equlpment and whirlpools per maruracturers r-�� ecl rlcdtSans. &t N9�'` F API,conditi—loca4ons may very deperdlng on H restrlcve covenant_z and codes. R °aR6FS:•� r ) 'ir lifts iS\R1 EtR', £ 1-Ixt\pICOrS'- a�.w:nsrcr�m.�r ID�A2Y Refry. ,'.H�� Akt'1-�r=m6 •KID s r,e c�.c raauss ......_........ _. FLwb�o.�ro=J3P�Tltw-ti'R�-EIAE -FEUS�Lia-:,ISS E �, ROOF FE T INSJL Ta R-38 5.lIHGLES 012 GRFAIER CORRIIGATF➢F3At-r LES lOF� WRR1PAh=5TR4F5 P--T.7 -- RrSHnlc� _ ...PRELIM �r ><+'PRYwdLL vcx5'Fd`.Pl4 FINAL _ We SJB-FAscIA 03-I6-15 MAIN EYISION �} - ]%fi WALLS SAYE VTIT� r-LOOR `� 0.c. 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N •-------"-- ----- 1 ----- ----- ° e - --- _ _ iN BEDROOM 8001- -------------------- - oot- g: 1 --- - CARPE _ - ------ - - MAIN LEVEL ELECTRICAL PLAN a _4 p G o 02014 _ - - 1 IP'-1 v6 A ' W]xr1 UVB ' HRICK µ� CO HRIGK HKii Ll. 7� ' WIiE iO svF oRr \ � f BWCK AHO ,Z.�, LOOR wrB eq rl�� U ^ MAIN LEVE SGAtw Ira•.r-0. -`-sem_.._._� oPSrtutG o rrpE PRacllct wos BIS coNHT a{'E*III:G 1P rrPE ERor..lcr cone serf rsntr � -0'x 5'-0' a P DOOR 6G%9P 6LInING-] 3-0'x 6'-B° I UM1?fo.'+ll BPX60 tA5ETlr�rT R 5' ',•'••••••. r E DOOR 3yxBa t 3'-0'x 6:B° 1 t,��Orygz: r W;NobY 3GxbP CA5E1-lEr1T I Yb'x 5-0' O �'_ �Bx—ia PIGIVRE nW:Iv:G A GAR4GE I3rx^B 1B'-0'x e-0' I G POCK V%8o sLrP1NG GLASS a v4 x 6'B" _ f 7"B'a v"B' 4 H POOR 3,%EO I y4'x 6:B' :'ONAF4•'�f � ,F 8 DDDR )P�BP i . _ Page 354 of 545 1 5 FRELIhS FINAL o3-1.5-15 Vh IT, 13 u. A 11 ------------ ----- ----- ---- ----- ----- loi Q % OVERPRAMING ROOF FRAMINGs A ii N :z QL 7F --- ----------------- _iw ------ --- ---- 0 rr rr jl ------------ ----- ----- ----- ------ -------- ----- ----- ----- --- ----- C14 CV IL kala AMP RIDGE VENT gM NNE 6112 6/12 WON 6/12 ------- ----- ----- - / 6/12 ------- ----------------------------- ------------------------------ ------------------------ ----- rr imp" eg 6/12 I I I I I N ®2014 ROOF PLAN co CA too�� Page 355 f 5 4FI-57— I Y Pregarer information: noel Anderson 715 Mulberry Street Waterloo, Iowa 50703 (319)291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of by and between 401 Devonshire LLC ("Developer") and the City of Waterloo, Iowa (the "City"). is RECITALS i i; A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct a single-family and related improvements on property located at on Devonshire Drive in Waterloo, generally described as parcel 8913-33-427-012, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, e the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Developer for the sum of $1.00. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is Page 356 of 545 i DEVELOPMENT AGREEMENT Page 2 mutually agreeable to the parties, but in any event not less than 14 days after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will construct on the Property a single-family dwelling with attached garage, substantially in accordance with the floor plans attached hereto as Exhibit "B". The dwelling shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. Construction. Developer must begin construction of the Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twelve (12) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option title to the Property shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension, the title to the Property shall revert to the City after the end of said period. Page 357 of 545 i DEVELOPMENT AGREEMENT Page 3 4. Reverter of Title. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Developer. Concurrently with the deed, Developer shall deliver to City the abstracts of title for Property conveyed. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney-in-Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. 5. Maintenance of Drainage. Developer acknowledges that drainage of the site is of utmost importance in the area. Developer agrees that, in undertaking the Project, he will not fill, improve, re-route or in any way alter the existing drainage on site without the express prior written consent of City. 5.1. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. 6. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this f Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-col late raIize the Property to support the construction of F improvements on any other real estate. i i'. i i Page 358 of 545 t i DEVELOPMENT AGREEMENT Page 4 8. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B, Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Develop p Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. j B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 11. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City Page 359 of 545 DEVELOPMENT AGREEMENT Page 5 may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319.291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to Bob C. Moore, 5850 Summerland Drive, Waterloo, Iowa 50701 for 401 Devonshire LLC. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion Page 360 of 545 i DEVELOPMENT AGREEMENT Page 6 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and ' they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Wob C. Moore, for 4 1 Devonshire LLC Attest: Kelley Felchle, City Clerk i I. Page 361 of 545 i F EXHIBIT "A" Legal Description of Property 4 f See attached plat of survey I' i i i. Page 362 of 545 3 3 EXHIBIT "B" Floor Plans See attached. I Page 363 of 545 .s= Illiliili. i. ONMEN MEN NEN ■ 11iI � II IIII -= _ Dimensions Main level: 1878 Sq. Ft. Plan 29435 1 Price Code 43'-0" Wide Total Finish: 1878 Sq. Ft. 69'-4" Deep Garage: 472 Sq. Ft. I e raRae Loft: 318 Sq. Ft. 3 Bed 2 Bath 2 Car Garage I French Country Style -------------------------- Covered Patio 0 0.pi; Mbr. 46 14 x 14 10'-0"Celling Cath.Ceil.6 10 16 x 12 2 10 11 x 16 \/ DN - UP O %\ R Lin 7111 x 20 O O Grt. Rm. 0------ a B r.3 Cath.Ceil. Loft (Optional) ' 4 4 0 9x31 11 x 11 Cath.Ceil. ---------------- O 0 w D _c -__ Lockers Covered Porch Br.2 Gar. 40 40 11 x 11 19 x 22 A L Ilk ©AE--dH.—PI—.com To order this plan,visit www.menards.com or visit local Menards store Page 364 of 545 ME rrrrrrr- mm __- _== =ir-r-r-r-r-r-r-r- -------------------------■ .------------------------------ rrrrrrrrrrrrrrrrrrrrrrrrrr ----------.rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrryrrrr-• ----------------- .r-r-r�.�r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r--■-----• �i ■rrrrrrrrrrrrrrrrrrrrrrrr�ro�rrrrrrrrrrrrrr. ------------------------r--rr---r-r---r-r-r-----r-r-------------- ��rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. -r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-rrr-r-r-r-r-r-r-r-r-r-r-r ��rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. -r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r ■-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r. ---------------------------------------------------------------- -o--oo--oo--oo---o---o----o--oo--oo--oo--oo---- .---------------------------------r------------------------------. .r-r-r-r-r-r-r-rrr-r-rrrrrrrrrrrrrrr-r-r-r-r-r-r--r-rr-r-r-r-rrr- --------------------------------------------rrrrr---------------- ��rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. � rrrrr-rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr-i �Il �S rrrrrrrrrrrrrrrrrrrr� r-r-r-r-r-r-r-r-r-r-r-r-� ♦--�-�o--r-o--oo--oo, ---------------------rrrr. � �rrrrrrrrrrrrrrrrrrrrrrrrrrr. o ---oo--oo--------o-� 111111111111------`-• rrrrrrrrr. m 1lg v I� I • t. . . 7 . e Dimensions Main Level : 899 Sq. Ft. Plan 29311 1 Price Code B 26'-e Wide Second Level : 1053 Sq, Ft. 62'-0" Deep Total Finished: 1462 Sq. Ft. Newberry Garage: 462 Sq. Ft. 3 Beds 1 3 Baths 1 2 Car Garage i Craftsman Style Covered BfSt Patio . X 12°x132 ------------- Mb Family 13°x17° Br.3 s o ® as 12°x106 15 x17 9'_0"Ceiling K. 96x 150 UP, --- 11O: Catch-AI DN DN an Bench& Lockers D Covered B r•` Stoop 12°x104 Gar. Bench 194x 236 ----------------------------------------------- ©AdvancedHousePlans.com ©AdvancedHousePlans.com advance d houseplans 1-844-675-9638 To order this plan,visit www.advancedhouseplans.com Page 366 of 545 N O Z N a '" r ale aeualse JO mue AA;iO Z V I ��� =r+ o - W a g� �+�o W o a, rnn a eue o n �} O MON 47A. I4 /1 _'It a_ I ON W��O E L r r anb LiBno logsub �. 0 d Q W oolaaleM 10 AjIO " _ r oN »O U �;o a co �[q paMaInaa uaay seu uOlsknlpgnS ao field 5+ql o O(D C x + � N E E r..a) ca i( i (n LL 1'2 p MNO �H N v.� O O o ; z a. 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Q �.� C �a) J OO U Z U U t� Iti d o co tr ami m 11 I Ili N — 10 w 0 G ❑ a L o fw om Il I c m m II I ar 0 -a w m Ve 3 V�ry a (D � co O o o L: L 3: N u U v N �O H-� ` O p O is R 7+ O -_ �°� I $ rno a f E ' d' •0�+�° a, ) � 0 A (Cf ~ C qci M o ° E 3 v ° I ! d m n v i a da�Sf�13�`� v —I p 2 N T Q1 d 'c N � 1 U � (D QI Q. i n � L 00 U � �a a m � 0 a Q a cn 2 (L cu S� b t6 CJ 7 Q. a ami N r co ` zu 3 a (M„g0�VO.60N.MIPV)d�4VL4L �” /// 4 7T' J ❑ F� EL Cl) CI) �? I— PO cV c7 ua!pppV puOOeS eejqujAE]awl ISSOM f!J n rs v ui U a -�I CITY OF WATERLOO Council Communication Resolution approving the Main Street parking lot loan refinancing and continued loan guarantee, by the City of Waterloo, in an amount not to exceed $181,379.30, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ Commercial Guaranty Parking Lot Loan 2020 Backup Material ❑ Loan Agreement Parking Lot 2020 Backup Material Resolution approving the Main Street parking lot loan refinancing and SUBJECT: continued loan guarantee, by the City of Waterloo, in an amount not to exceed $181,379.30, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: approval Main Street Waterloo has a loan on the parking lot located along Lafayette Street between E 4th Street and E 5th Street that the City of Waterloo Summary Statement: previously acted as guarantor. Main Street is looking to refinance the loan, with a lower interest rate. The refinance of the loan requires that the City of Waterloo re-approve the loan guarantee. Similar action was taken 5 years ago, at which time the loan had a principal balance of$216,424.87. Expenditure Required: none Source of Funds: n/a Policy Issue: Main Street Waterloo/Downtown Economic Development Alternative: N/A The Main Street parking lot was part of a large redevelopment of the block in Background Information: question, and included asbestos cleanup, demolition, acquisition, and redevelopment of multiple building in the block, including the Regional Business Center, and the construction of the parking lot in question. Legal Descriptions: N/A Page 368 of 545 *H L P0778* COMMERCIAL GUARANTY Borrower: CEDAR SKYLINE CORPORATION Lender: MidWestOne Bank 212 E ATH ST Cedar Falls Office WATERLOO, IA 50703-5704 4510 Prairie Parkway Cedar Falls, IA 50613 (319) 277-2500 Guarantor: CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of Guarantor's Share of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, Tease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. GUARANTOR'S SHARE OF THE INDEBTEDNESS. The words "Guarantor's Share of the Indebtedness" as used in this Guaranty mean an amount not to exceed One Hundred Eighty-one Thousand Three Hundred Seventy-nine & 301100 Dollars ($181,379.30) of all the principal amount, interest thereon to the extent not prohibited by law, and ail collection costs, expenses and attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. Guarantor's Share of the Indebtedness will only be reduced by sums actually paid by Guarantor under this Guaranty, but will not be reduced by sums from any other source including, but not limited to, sums realized from any collateral securing the Indebtedness or this Guaranty, or payments by anyone other than Guarantor, or reductions by operation of law, judicial order or equitable principles. Lender has the sole and absolute discretion to determine how sums shall be applied among guaranties of the Indebtedness. The above limitation on liability is not a restriction on the amount of the Note of Borrower to Lender either in the aggregate or at any one time. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE GUARANTOR'S SHARE OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON A CONTINUING BASIS, ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until alt the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without fimitation, "new Indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Guarantor's Share of the Indebtedness remains unpaid and even though the Guarantor's Share of the Indebtedness may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date Pbbb rbf5455 COMMERCIAL GUARANTY Loan No: 7600026787 (Continued) Page 2 financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that, absent a request for information, Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adverseiy affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the reiief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be law. Guarantor authorizes Lender, to the extent permitted b applicable law, to hold these funds if there is a default, and Lender prohibited b a p y pp P Y may apply pay a I the funds in these accounts to a what.Guarantor owes under the terms of this Guaranty. . SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided or required by law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. Page 370 of 545 No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is giv n in writing and COMMERCIAL GUARANTY Loan No: 7600026787 (Continued) Page 3 signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shatl constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. Subject to any limitations stated in this Guaranty on transfer of Guarantor's interest, this Guaranty shall be binding upon and inure to the benefit of the parties, their successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means CEDAR SKYLINE CORPORATION and includes all co-signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation CITY OF WATERLOO, and in each case, any signer's successors and assigns. Guarantor's Share of the Indebtedness. The words "Guarantor's Share of the Indebtedness" mean Guarantor's indebtedness to Lender as more particularly described in this Guaranty Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means MidWestOne Bank, its successors and assigns. Note. The word "Note" means the promissory note dated September 8, 2020, in the original principal amount of $181,379.30 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED SEPTEMBER 8, 2020. GUARANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS COMMERCIAL GUARANTY AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GUARANTOR: CITY OF WATERLOO By: QUINTEN M HART, MAYOR of CITY OF WATERLOO Lu...Po,Ver,19.6,0.dmf C PY-Fl-M,USA Corporation 1997,2020. Q RIghl,Resxrv¢0. -IP U.\Lase ,,%GFIILPLI'QD.FC Tai-RA779 PR-6 Page 371 of 545 "HLP0058* CORPORATE RESOLUTION TO BORROW 1 GRANT COLLATERAL 1 SUBORDINATE DEBT Principal Loan Date Maturity Loan No Call r Coll Account Officer Initials $1811379.30 09-08-2020 08-17-2025 1 7600026787 1 1300 63018-01 KH References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " -- has been omitted due to text length limitations. Lender; MIdWestOne Bank Corporation: CEDAR SKYLINE CORPORATION Cedar Falls Office 212 E 4TH ST 4510 Prairie Parkway WATERLOO, IA 50703-5704 Cedar Falls, IA 50613 (319) 277-2500 WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT: THE CORPORATION'S EXISTENCE. The complete and correct name of the Corporation is CEDAR SKYLINE CORPORATION ("Corporation"). The Corporation is a corporation for profit which is, and at all times shalt be, duly organized, validly existing, and in good standing under and by virtue of the laws of the State of Iowa. The Corporation is duly authorized to transact business in all other states in which the Corporation is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which the Corporation is doing business. Specifically, the Corporation is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. The Corporation has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. The Corporation maintains an office at 212 E 4TH ST, WATERLOO, IA 50703-5704. Unless the Corporation has designated otherwise in writing, the principal office is the office at which the Corporation keeps its books and records. The Corporation will notify Lender prior to any change in the location of the Corporation's state of organization or any change in the Corporation's name. The Corporation shalt do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to the Corporation and the Corporation's business activities. RESOLUTIONS ADOPTED. At a meeting of the Directors of the Corporation, or if the Corporation is a close corporation having no Board of Directors then at a meeting of the Corporation's shareholders, duly called and held on September 8, 2020, at which a quorum was present and voting, or by other duly authorized action in lieu of a meeting, the resolutions set forth in this Resolution were adopted. OFFICERS. The following named persons are officers of CEDAR SKYLINE CORPORATION: NAMES TITLES AUTHO IZEp ACTUAL SIGNATURES JESSICA M RUCKER Executive Director Y X BLAKE R HAMER President Y X ACTIONS AUTHORIZED. Any two (2) of the authorized persons listed above may enter into any agreements of any nature with Lender, and those agreements will bind the Corporation. Specifically, but without limitation, any two (2) of such authorized persons are authorized, empowered, and directed to do the following for and on behalf of the Corporation: Borrow Money. To borrow, as a cosigner or otherwise, from time to time from Lender, on such terms as may be agreed upon between the Corporation and Lender, such sum or sums of money as in their judgment should be borrowed, without limitation. Execute Notes. To execute and deliver to Lender the promissory note or notes, or other evidence of the Corporation's credit accommodations, on Lender's forms, at such rates of interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any of the Corporation's indebtedness to Lender, and also to execute and deliver to Lender one or more renewals, extensions, modifications, refinancings, consolidations, or substitutions for one or more of the notes, any portion of the notes, or any other evidence of credit accommodations. Grant Security. To mortgage, pledge, transfer, endorse, hypothecate, or otherwise encumber and deliver to Lender any property now or hereafter belonging to the Corporation or in which the Corporation now or hereafter may have an interest, including without limitation all of the Corporation's real property and all of the Corporation's personal property (tangible or intangible), as security for the payment of any loans or credit accommodations so obtained, any promissory notes so executed (including any amendments to or modifications, renewals, and extensions of such promissory notes), or any other or further indebtedness of the Corporation to Lender at any time owing, however the same may be evidenced. Such property may be mortgaged, pledged, transferred, endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged, transferred, endorsed, hypothecated or encumbered. Execute Security Documents. To execute and deliver to Lender the forms of mortgage, deed of trust, pledge agreement, hypothecation agreement, and other security agreements and financing statements which Lender may require and which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of them, are given; and also to execute and defiver to lender any other written instruments, any chattel paper, or any other collateral, of any kind or nature, which Lender may deem necessary or proper in connection with or pertaining to the giving of the liens and encumbrances. Notwithstanding the foregoing, any one of the above authorized persons may execute, deliver, or record financing statements. Subordination. To subordinate, in all respects, any and all present and future indebtedness, obligations, liabilities, claims, rights, and demands of any kind which may be owed, now or hereafter, from any person or entity to the Corporation to all present and future indebtedness, obligations, liabilities, claims, rights, and demands of any kind which may be owed, now or hereafter, from such person or entity to Lender("Subordinated Indebtedness"), together with subordination by the Corporation of any and all security interests of any kind, whether now existing or hereafter acquired, securing payment or performance of the Subordinated Indebtedness; all on such subordination terms as may be agreed upon between the Corporation's Officers and Lender and in such amounts as in their judgment should be subordinated. Negotiate Items. To draw, endorse, and discount with Lender all drafts, trade acceptances, promissory notes, or other evidences of indebtedness payable to or belonging to the Corporation or in which the Corporation may have an interest, and either to receive cash for the same or to cause such proceeds to be credited to the Corporation's account with Lender, or to cause such other disposition of the proceeds derived therefrom as they may deem advisable. Further Acts. In the case of lines of credit, to designate additional or alternate individuals as being authorized to request advances under such lines, and in all cases, to do and perform such other acts and things, to pay any and all fees and costs, and to execute and deliver such other documents and agreements, including agreements waiving the right to a trial by jury, as the officers may in their discretion deem reasonably necessary or proper in order to carry into effect the provisions of this Resolution. ASSUMED BUSINESS NAMES. The Corporation has filed or recorded all documents or filings required by law re}ating to all assumed business names used by the Corporation. Excluding the name of the Corporation, the following is a complete list of all assumed business names under which the Corporation does business: Assumed Business Name Fi.ling Lgc ali n Date MAIN STREET WATERLOO SECRETARY OF STATE -IOWA 04-05-2000 NOTICES TO LENDER. The Corporation will promptly notify Lender in writing at Lender's address shown above (or such other addresses as Lender may designate from time to time) prior to any (A) change in the Corporation's name; (B) change in the Corporation's assumed business name(s); (C) change in the management of the Corporation; (D) change in the authorized signer(s); (E) change in the Corporation's principal office address; (F) change in the Corporation's state of organization; (G) conversion of the Corporation to a new or different type of business entity; or (H) change in any other aspect of the Corporation that directly or indirectly relates to any agreements between the Corporation and Lender. No change in the Corporation's name or state of organization will take effect until after Lender has received notice. CERTIFICATION CONCERNING OFFICERS AND RESOLUTIONS. The officers named above are duly elected, appointed, or employed by or for the Corporation, as the case may be, and occupy the positions set opposite their respective names. This Resolution now stands of record on the books of the Corporation, is in full force and effect, and has not been modified or revoked in any manner whatsoever. Page 372 Of '554'55 IF CORPORATE RESOLUTION TO BORROW 1 GRANT COLLATERAL 1 SUBORDINATE DEBT Loan No: 7600026787 (Continued) Page 2 NO CORPORATE SEAL. The Corporation has no corporate seal, and therefore, no seal is affixed to this Resolution. CONTINUING VALIDITY. Any and all acts authorized pursuant to this Resolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, shall remain in full force and effect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above(or such addresses as Lender may designate from time to time). Any such notice shall not affect any of the Corporation's agreements or commitments in effect at the time notice is given. IN TESTIMONY WHEREOF, we have hereunto set our hand and attest that the signatures set opposite the names listed above are their genuine signatures. We each have read all the provisions of this Resolution, and we each personally and on behalf of the Corporation certify that all statements and representations made in this Resolution are true and correct. This Corporate Resolution to Borrow 1 Grant Collateral 1 Subordinate Debt is dated September 8, 2020. We acknowledge receipt of a completed copy of this Corporate Resolution to Borrow/Grant Collateral I Subordinate Debt. CERTIFIED TO AND ATTESTED BY: X JESSICA M RUCKER, Executive Director of CEDAR SKYLINE CORPORATION X BLAKE R HAMER, President of CEDAR SKYLINE CORPORATION NOTE: If the officers signing this Resolution are designated by the foregoing document as one of the officers authorized to act on the Corporation's behalf,it is advisable to have this Resolution signed by at least one non-authorized officer of the Corporation. L—,Pm.Ver.19,4.E WO C i r.F--.USA C-1P-11-1997,2620_ Al Rights Re—d. -IA C:1—,Pm%MILPL1 10.FC TR-89779 PR-6 Page 373 of 545 GOVERNMENTAL CERTIFICATE Principal Loan Date Maturity Loan No call /Coll Account Officer Initials $181,379.30 09-08-2020 08-17-2025 7600026787 1300 63018-01 KH References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "—" has been omitted due to text length limitations. Borrower., CEDAR SKYLINE CORPORATION Lender: MidWestOne Bank 212 E 4TH ST Cedar Falls Office WATERLOO, IA 50703-5704 4510 Prairie Parkway Cedar Falls, IA 50613 (319) 277-2500 Entity: CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 I,THE UNDERSIGNED, DO HEREBY CERTIFY THAT: THE ENTITY'S EXISTENCE. The complete and correct name of the governmental entity is CITY OF WATERLOO {"Entity"). The Entity is a governmental entity which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws and regulations of the State of Iowa. The Entity has the full power and authority to own its properties and to transact the business and activities in which it is presently engaged or presently proposes to engage. The Entity maintains an office at 715 MULBERRY ST, WATERLOO, IA 50703. The Entity shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of the Entity and any other governmental or quasi-governmental authority or court applicable to the Entity and the Entity's business activities. CERTIFICATES ADOPTED. At a meeting of the appropriate governing body of the Entity, duly called and held on September 8, 2020, at which a quorum was present and voting, or by other duly authorized action in lieu of a meeting, the resolutions set forth in this Certificate were adopted. OFFICIAL. The following named person is an Official of CITY OF WATERLOO: NAMES TITLES AUTHORIZED ACTUAL SIGNATURE QUINTEN M HART MAYOR Y X ACTIONS AUTHORIZED. The authorized person listed above may enter into any agreements of any nature with Lender, and those agreements will bind the Entity. Specifically, but without limitation, the authorized person is authorized, empowered, and directed to do the following for and on behalf of the Entity: Guaranty. To guarantee or act as surety for loans or other financial accommodations to Borrower from Lender on such guarantee or surety terms as may be agreed upon between the Official of the Entity and Lender and in such sum or sums of money as in his or her judgment should be guaranteed or assured, (the "Guaranty"). Grant Security. To mortgage, pledge, transfer, endorse, hypothecate, or otherwise encumber and deliver to Lender any property now or hereafter belonging to the Entity or in which the Entity now or hereafter may have an interest, including without limitation all of the Entity's real property and all of the Entity's personal property (tangible or intangible), as security for the Guaranty, and as a security for the payment of any loans, any promissory notes, or any other or further indebtedness of CEDAR SKYLINE CORPORATION to Lender at any time owing, however the same may be evidenced. Such property may be mortgaged, pledged, transferred, endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged, transferred, endorsed, hypothecated or encumbered- The provisions of this Certificate authorizing or relating to the pledge, mortgage, transfer, endorsement, hypothecation, granting of a security interest in, or in any way encumbering,the assets of the Entity shall include, without limitation, doing so in order to lend collateral security for the indebtedness, now or hereafter existing, and of any nature whatsoever, of CEDAR SKYLINE CORPORATION to Lender. The Entity has considered the value to itself of lending collateral in support of such indebtedness, and the Entity represents to Lender that the Entity is benefited by doing so. Execute Security Documents. To execute and deliver to Lender the forms of mortgage, deed of trust, pledge agreement, hypothecation agreement, and other security agreements and financing statements which Lender may require and which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of them, are given; and also to execute and deliver to Lender any other written instruments, any chattel paper, or any other collateral, of any kind or nature, which Lender may deem necessary or proper in connection with or pertaining to the giving of the liens and encumbrances. Subordination. To subordinate, in all respects, any and all present and future indebtedness, obligations, liabilities, claims, rights, and demands of any kind which may be owed, now or hereafter, from any person or entity to the Entity to all present and future indebtedness, obligations, liabilities, claims, rights, and demands of any kind which may be owed, now or hereafter, from such person or entity to Lender ("Subordinated Indebtedness"), together with subordination by the Entity of any and all security interests of any kind, whether now existing or hereafter acquired, securing payment or performance of the Subordinated Indebtedness; all on such subordination terms as may be agreed upon between the Entity's Officials and Lender and in such amounts as in his or her judgment should be subordinated. Negotiate Items. To draw, endorse, and discount with Lender all drafts, trade acceptances, promissory notes, or other evidences of indebtedness payable to or belonging to the Entity or in which the Entity may have an interest, and either to receive cash for the same or to cause such proceeds to be credited to the Entity's account with Lender, or to cause such other disposition of the proceeds derived therefrom as he or she may deem advisable. Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and agreements, including agreements waiving the right to a trial by jury, as the Official may in his or her discretion deem reasonably necessary or proper in order to carry into effect the provisions of this Certificate. ASSUMED BUSINESS NAMES. The Entity has filed or recorded ail documents or filings required by law relating to all assumed business names used by the Entity. Excluding the name of the Entity, the following is a complete list of all assumed business names under which the Entity does business: None. NOTICES TO LENDER. The Entity will promptly notify Lender in writing at Lender's address shown above (or such other addresses as Lender may designate from time to time) prior to any (A) change in the Entity's name; (B) change in the Entity's assumed business name(s); (C) change in the structure of the Entity; (D) change in the authorized signer(s), (E) change in the Entity's principal office address, (F) change in the Entity's principal residence; or (G) change in any other aspect of the Entity that directly or indirectly relates to any agree"6ft�R5 GOVERNMENTAL CERTIFICATE Loan No: 7600026787 (Continued) Page 2 Entity and Lender. CERTIFICATION CONCERNING OFFICIALS AND CERTIFICATES. The Official named above is duly elected, appointed, or employed by or for the Entity, as the case may be, and occupies the position set opposite his or her respective name. This Certificate now stands of record on the books of the Entity, is in full force and effect, and has not been modified or revoked in any manner whatsoever. CONTINUING VALIDITY. Any and all acts authorized pursuant to this Certificate and performed prior to the passage of this Certificate are hereby ratified and approved. This Certificate shall be continuing, shall remain in full force and effect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above(or such addresses as Lender may designate from time to time). Any such notice shall not affect any of the Entity's agreements or commitments in effect at the time notice is given. IN TESTIMONY WHEREOF, i have hereunto set my hand and attest that the signature set opposite the name listed above is his or her genuine signature. have read all the provisions of this Certificate, and I personally and on behalf of the Entity certify that all statements and representations made in this Certificate are true and correct. This Governmental Certificate is dated September 8, 2020. THE ENTITY ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS GOVERNMENTAL CERTIFICATE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. CERTIFIED TO AND ATTESTED BY: X QUINTEN M HART, MAYOR of CITY OF WATERLOO NOTE: If the Official signing this Certificate is designaled by the foregoing document as one of the officials authorized to act on the Entity's behalf,it is advisable to have this Certificate signed by at least one non-authorized official of the Entity. L-,,P-.W1.194 0.030 Cop,.F--USA Corporation 1997,2629. PoI Rights Reserved. -IA CAL...r UFRLPL%CZZFG T-89779 PR-8 Page 375 of 545 'HLP0316" PROMISSORY NOTE Call ColAccount Officer Initials Principal Loan Date Maturity Loan NoJ: 1300 83018-01 KH $181,379.30 09-08-2020 08-17-2025 7600026787 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' ' has been omitted due to text length limitations. Lender, MidWestOne Bank Borrower: CEDAR SKYLINE CORPORATION Cedar Falls Office 212 E 4TH ST 4510 Prairie Parkway WATERLOO, IA 50703-5704 Cedar Fails, IA 50613 (319) 277-2500 Principal Amount: $181,379.30 Date of Note. September 8, 2020 PROMISE TO PAY. CEDAR SKYLINE CORPORATION ("Borrower") promises to pay to MidWestOne Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Eighty-one Thousand Three Hundred Seventy-nine & 301100 Dollars ($181,379.30), together with interest on the unpaid principal balance from September 8, 2020, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 4.500% per annum based on a year of 360 days, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in one irregular first payment of $1,440.00 and 59 regular payments of $3,414.23 each. Borrower's first payment is due September 17, 2020, and ail subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on August 17, 2025, and will be for all principal las w 11nd 1 be accrueppled first to any accrued unpaid d entd interest not yet paid, s in l denpri principal; and ; interest. Unless otherwise agreed or required by applicable law, pay then to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; then to any late charges; and then to any unpaid collection costs. I m the ratio of the interest rate INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis; that is, by appy' 9 over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rate stated in this Note. ceived by Lender consistent with the following payment RECEIPT OF PAYMENTS. All payments must be made in U.S. dollars and must be re instructions: MidwestOne Bank loan payments can be made in-person, at the night depository, by phone, by mail or through Online and Mobile Banking. All loan payments must be made in U.S. currency, accompanied by the account number and payment billing notice or payment coupon. Every day is a business day, except Saturdays, Sundays, and federal holidays. payment crediting may be delayed for up to 5 days. Payments that do not follow these instructions are considered Non-Conforming and Conforming Payments received before the times noted below on a business day are credited to your loan on the date we receive them. Conforming payments received after these cutoff times or on a Saturday, Sunday or Federal Holiday will be posted the next business day. All times noted are Central Time unless otherwise noted. Payment Types and Cutoff Times In-Person - Payments made in-person at any branch location on a business day during normal business hours will be credited on that day. Principal payments made to Home Equity Line of Credit, Life Line of Credit, and Express Credit will be posted effective the day they are received which includes Saturday during the hours in which the Branch is open. By Mail - Mailed payments must be sent to MidWestOne Bank, P.O. Box 1700, Iowa City, IA 52244-1700. Payments received on a business day during our normal business hours will be credited on that day. By Phone- 5:00 PM. Payment instructions can be made by calling any of our Service Center at 800-247-4418, Online, Mobile &Telebanc-6:00 PM Night Depository -9:00 AM Lender may modify these payment instructions by providing updated payment instructions to Borrower in writing. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. eo toLe r agrer ees not to sen cept ltd ender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a pay hout losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: MidWestOne Bank, 102 S. Clinton Street, PO Box 1700 Iowa City, IA 52244-1700. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $25.00,whichever is greater. INTEREST AFTER DEFAULT. Upon default, including faflure to pay upon final maturity, the interest rate on this Note shall be increased to 21.000% per annum based on a year of 360 days. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. ect to any Guarantor of any of the indebtedness or any Events Affecting Guarantor. Any of the preceding events occurs with resp guaranty of the indebtedness Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent(25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Page 376 Of '554'55 PROMISSORY NOTE Loan No: 7600026787 (Continued) Page 2 Cure Provisions, If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may mire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legaf expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW, This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Iowa. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by REAL ESTATE MORTGAGE DATED 05/26/2006 ON PARKING LOT LOCATED IN BLOCK 14, ORIGINAL PLAT, EAST SIDE OF THE CEDAR RIVER,ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO, IA 50703. PURPOSE OF LOAN. RENEW REFINANCE REAL ESTATE DEBT ON PARKING LOT ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO. PRIOR NOTE.THIS NOTE RENEWS AND DOES NOT SATISFY OR DISCHARGE NOTE#7600026787 EXECUTED ON 08/17/2015. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GUARANTY PROVISION. GUARANTY DATED 09/08/2020 FROM THE CITY OF WATERLOO, IOWA. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: CEDAR SKYLINE CORPORATION By: By: JESSICA M RUCKER, Executive Director of CEDAR BLAKE R HAMER, President of CEDAR SKYLINE SKYLINE CORPORATION CORPORATION t> La.rP,.,Vor_19 A_6030 C Vl.F111,1 ra MA(Wp-6o 1997,2920, M Right Reserved. -IA GALasarProl HLPL1920.FC TR-597�PR-6 3' Page 377 of 545 *f iLP0231" DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date Maturity I Loan No F Call IColl 1 Account Officer Initials $181,379.34 1 09-08-2020 108-17-2025 1 7600026787 1300 63018-01 KN References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing 'rte-"'r has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION Lender: MidWestOne Bank 212 E 4TH ST Cedar Falls Office WATERLOO, IA 50703-5704 4510 Prairie Parkway Cedar Falls, IA 50613 (319) 277-2500 LOAN TYPE. This is a Fixed Rate (4.500%) Nondisclosable Loan to a Corporation for$181,379.30 due on August 17, 2025. This is a secured renewal loan. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: ❑ Personal, Family, or Household Purposes or Personal Investment. ® Business (Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEW REFINANCE REAL ESTATE DEBT ON PARKING LOT ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO DISBURSEMENT INSTRUCTIONS. Borrower understands that no loan proceeds will be disbursed until all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of$181,379.30 as follows: Other Disbursements: $181,379.30 $181,379.30 RENEW MWO #7600026787 Note Principal: $181,379.30 CHARGES PAID IN CASH. Borrower has paid or will pay in cash as agreed the following charges: Prepaid Finance Charges Paid in Cash: $0.00 Other Charges Paid in Cash: $1,534.38 $300.00 Origination Fee to MWO $1,234.38 Interest Due#7600026787 Total Charges Paid in Cash: $1,534.38 BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS DISBURSEMENT REQUEST AND AUTHORIZATION AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. FINANCIAL CONDITION. BY SIGNING THIS AUTHORIZATION, BORROWER REPRESENTS AND WARRANTS TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLOSED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED SEPTEMBER 8, 2020. BORROWER: CEDAR SKYLINE CORPORATION By: By: JESSICA M RUCKER, Executive Director of CEDAR BLAKE R HAMER, President of CEDAR SKYLINE SKYLINE CORPORATION CORPORATION LaserPm,Ver.1A,A-D.O3 C pr_Fin—115A Cor,Zon X497,202P. Al Rights Reserved. -1A C1L.—P,lCFALPMO FC TR-69779 PR-fl Page 378 of 545 "HLP0232" NOTICE OF FINAL AGREEMENT Principal Loan Date Maturity Loan No call/coliAccount JOfficer Initials $181,379.30 09-08-2020 08-17-2025 7600026787 1300 63018-01 KH References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing '--' has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION Lender: MidWestOne Bank 212 E 4TH ST Cedar Falls Office WATERLOO, IA 50703-5704 4510 Prairie Parkway Cedar Falls, IA 50613 (319) 277-2500 IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED. PARTIES MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. As used in this Notice, the following terms have the following meanings: Loan. The term "Loan" means the following described loan: a Fixed Rate (4.500%) Nondisclosable Loan to a Corporation for $181,379.30 due on August 17, 2025. This is a secured renewal loan. Loan Agreement. The term "Loan Agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, refating to the Loan, including without limitation the following: LOAN DOCUMENTS Corporate Resolution: CEDAR SKYLINE CORPORATION Governmental Certificate: CITY OF WATERLOO Promissory Note IA Commercial Guaranty: CITY OF WATERLOO IA Mortgage for Real Property located at PARKING LOT Disbursement Request and Authorization LOCATED IN BLOCK 14, ORIGINAL PLAT, EAST SIDE OF THE Notice of Final Agreement CEDAR RIVER, ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO, IA 50703 Parties. The term "Parties" means MidWestOne Bank and any and all entities or individuals who are obligated to repay the loan or have pledged property as security for the Loan, including without limitation the following: Borrower: CEDAR SKYLINE CORPORATION Grantor(s): CEDAR SKYLINE CORPORATION Guarantor 1: CITY OF WATERLOO Each Party who signs below, other than MidWestOne Bank, acknowledges, represents, and warrants to MidWestOne Bank that it has received, read and understood this Notice of Final Agreement. This Notice is dated September 8, 2020. BORROWER: CEDAR SKYLINE CORPORATION By: By: JESSICA M RUCKER, Executive Director of CEDAR BLAKE R HAMER, President of CEDAR SKYLINE SKYLINE CORPORATION CORPORATION GUARANTOR: CITY OF WATERLOO By: QUINTEN M HART, MAYOR of CITY OF WATERLOO LENDER: MIDWESTONE BANK X Kevin Horan, Second Vice President L,—Pro Vwf.19.4.0 CM C pr_F,111U USA C11-M7,202D All Rlghl,Rn..n d. -IA C.lL—P,,lGFMFD[21 K�, 7R-nA779 PR-6 Page 379 of 545 CITY OF WATERLOO Council Communication Resolution approving Temporary Easement Agreements with Timothy J. Chamberlin and Sharon K. Chamberlin, in the amount of$256.67, for property located at 3726 East Shaulis Road,Austin J. Payne, in the amount of$100, 3675 Cedar Terrace Drive, Steven D. Coleman and Susan C. Coleman, in the amount of $100, 4003 East Shaulis Road, Laura D. Fay, in the amount of$100, 4011 East Shaulis Road, and Becky S. Hughes and Keith D. Nicol, in the amount of$100, North of 4232 East Shaulis Road, in in conjunction with the Shaulis Road Trail Phase II Project. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type ❑ Signed Easement Agreement- WAT 103 Chamberlin Backup Material ❑ Signed Easement Agreement- WAT 104 Payne Backup Material ❑ Signed Easement Agreement- WAT 110 Coleman Backup Material ❑ Signed Easement Agreement- WAT 111 Fay Backup Material ❑ Signed Easement Agreement- WAT 116 Etringer Backup Material ❑ Signed Easement Agreement- WAT 125 Hughes Backup Material Resolution approving Temporary Easement Agreements with Timothy J. Chamberlin and Sharon K. Chamberlin, in the amount of$256.67, for property located at 3726 East Shaulis Road,Austin J. Payne, in the amount SUBJECT: of$100, 3675 Cedar Terrace Drive, Steven D. Coleman and Susan C. Coleman, in the amount of$100, 4003 East Shaulis Road, Laura D. Fay, in the amount of$100, 4011 East Shaulis Road, and Becky S. Hughes and Keith D. Nicol; in the amount of$100, North of 4232 East Shaulis Road, in in conjunction with the Shaulis Road Trail Phase 1I Project. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The City of Waterloo applied for and received funding through the Black Hawk County Metropolitan Area Transportation Improvement Program, Transportation Alternatives Program, which programs federal funding available through the Fixing America's Surface Transportation(FAST)Act to construct a pedestrian trail along Shaulis Road from Cedar Terrace Drive Summary Statement: to the Cedar Valley Nature Trail. The bike trail will be constructed within the existing street right-of-way, but several temporary easement were required on adjacent private property to properly grade the areas next to the trail, and to reconstruct driveways adjacent to the trail. It is anticipated that the project will be let this fall, with most construction occurring next year. The six attached temporary easement agreements represent all temporary easements needed for the project. Expenditure Required: $756.67 Page 380 of 545 Source of Funds: Transportation Alternatives Program funding through the MPO (80%) and GO Bonds for local match(20%). Policy Issue: Acquisition for trail construction Alternative: N/A Page 381 of 545 Prepared by,Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703—(319)291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhihit in conjunction with improvements related to the Shatilis Road Trail Project Phase 2, Parcel WAT 103, together with a right of ingress and egress thereon. 3adIA, IIS, K Timot J Zw�' hamberlin Sharon K. Chamberlin Page 382 of 545 Q � N ' I b O i b 1 o � to I a ll. a 1 9� I t i:, `� •a � 1 y s VI � � M 44 �r - 6 Cl D - o W O n a 1 I ' M to ` �I m r• `I r � £ I � I E r 0 � f I / � 91 1 H C a �. .4r _ W z W All I z J ui w Ln N ` Z Q Q � W lxl Ln Q.7p I �0 I O W a = a d Q I� ti W Cry W W W !. Y E N o a Page 383 of 545 Prepared by:Arie Schroeder.City of Waterloo,715 Mulberry Street,Waterloo,IA 50703—(319)291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Black Hawk County, State of Iowa: See attacked Exhibit in conjunction with improvements related to the Shaulis Road Trail Project Phase 2, Parcel WAT104,together with a right of ingress and egress thereon. a - zllo-� Aust i J.Payne Page 384 of 545 I 1 •�r I �� I q (► P 4 O M -r o � M rri 0 . -i xi m I -c m m m '' I + Zn r ti m r l m ; @ � z mLon LO I a Fr I � @ o , 0 W FF ,� n c _ U} — r m e2 _ tp � o rn Q 7 Q I. o V) I o D Z ! O ,A C) m n I, I ,rl I � I o - -T mo CD ; ma U CD (n -i CD CJ r-I n C a ; m(A 3 - o 70 I Q 1 o C. r� I to Page 385 of 545 Prepared by:A.ric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703--(319)29I-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the Shaulis Road Trail Project Phase 2, Parcel WAT110,together with a right of ingress and egress thereon. Steven D. Coleman Susan C. Coleman State of � ) if ounty ) ss. Acknowledged before me on by Steven D. Coleman and Susan C. Coleman. [Seal] �7 Notary Public Page 386 of 545 4 ❑ O IMm � a� IM m ❑ < z m FOULK ROAD N IM Arn IM IM I �t r z zFin Z - AI E � z i m CID7 f a ' In a � r n ij -3 M10 fl1- s -<V) j m--I rn'z C :uo 0 0 Mla IL -' o. C oczn =v r n A O MI ,U)n., m zr a C)p _ II mz b Co d N o n,I I II> C) Cp C) I r' O w m i 11 ,zi mi io dF- tA o - 3 P MV; 0 o L/i(D;d Q � to C n o o 1 5 A ® + �, Page 387 of 545 Prepared by:Aric Schroeder,City of Waterloo,7I5 Mulberry Street,Waterloo,IA 50703—(31.9)291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the Shaulis Road Trail Project Phase 2, Parcel WAT111,together with a right of ingress and egress thereon. Laura D. Fay Page 388 of 545 + mq t FRO — qq) yI � O cSt m m G - -- � -u � o � o rn i. m m- — 4" — -- — — j CD ern Zi r x as m ?ti z4 mo mrn M CD �� � 3 G. Z m +mnm� mzo zo n p en a oc "- mm I' CD m(n I Q d V h 7 im om m m m mm r n o0 v n n . r H o m 7 _ 3 �• w f + -tom rr ., .. �'. �I mm om - z� n-o 0 _ I 0c) nx o D m� -io 0 r m mz n t I' om m n o z m m o moio 125 r .li 1 E r z� Mr a m � n o E2 � Aon m � I a o 00)3 n I. cnmo _ > CZ - -- Ing T+� I zm 1 z r9m a r[r A a� m r o --- - - �-m om i =a N 4 cu-um .' r" a -< ao . o m az Na -1 m p 0 om x AT1 � z i o -�-e m 'r� m o M)> Ln min v IIII 1 i r--m r C!9 m J ul 4� a1 a m 1 I m o �p c I m I N I' — a Q 5 130 o o 01 Iii '1 i ,4 ti i V W Page 389 of 545 Pre aced by:Aric Schroeder_.City of Waterloo 715-Mulbegy Street.Waterloo €A 50703— 319 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa; See attached Exhibit in conjunction with improvements related to the Shaulis Road Trail Project Phase 2, Parcel WATT 16,together with a right of ingress and egress thereon. Ja es e.Eetrirnig er Debra D. Etringer E Page 390 of 545 � o _ O N I j ' r N 'ue5 r t o w m m — � r N m . Ln O t •' �1 J ! Ql m m K �' m m r o { � a (n i7 m� m m -,m- --n Am 71 C7 30 m n 0 U) H I �] r � D in 0 D ::]1"7'1 p { wm zr QC a r O m C/1 xl rn D D v # o � �o D 0 fl _ K O = C) O - 13 : En{q O CD ,. o tJ ' o — - Z ' Ir o ,tra, t. OJ � J 1'� w '• *� I I Page 391 of 545 Prepared bv:Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA 50„703={-319I 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the Shaulis Road Trail Project Phase 2, Parcel WAT125,together with a right of ingress and egress thereon. Becky S. Jughes dl Keith D. Nicol i, s z 5 Page 392 of 545 'I O N I Q � 'LO m � r I ry ti o -u -1 -A x a 4 0 m N Z v 1 - n n z lo,I- m f K r z O co r"I I�, A s n` o m m-u D M7001 - o �mz; 3 vir- I! a Q nm mm � CD cn n t mz �u o +�•►y' 1+I C o D D ' C(J1 m� I mm c co c' m m om n rJ, a Ln� Lri 0 135 R xO OO - < m # frt< o u O Zm > y F � I � WLq mmoc f Q r�r I t .,. n _ visa � III'm En a Ln cn 7J X m-A m ,-,mfr) O °o NCL zoo x v II c� )>M ,• �� t.-•4:•r. Ir 14 Ln Page 393 of 545 CITY OF WATERLOO Council Communication Resolution accepting Grant No. 3-19-0094-046-2020 from the USDOT and the FAA, in the amount of $4,855,854, for projects at the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said documents. City Council Meeting: 9/8/2020 Prepared: 8/20/2020 ATTACHMENTS: Description Type ❑ FAA Grant Application 3-19-0094-046-2020 Backup Material ❑ Grant No:46 Project Title Page and Highlighted Work Backup Material Areas Resolution accepting Grant No. 3-19-0094-046-2020 from the US DOT and SUBJECT: the FAA, in the amount of$4,855,854, for projects at the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said documents. Submitted by: Submitted By:Keith Kaspari,Auport Director Recommended Action: Approve the request as noted above by Airport Staff. This project will finally allow for the pavement reconstruction or pavement Summary Statement: rehabilitation for three sections of pavement;yet also, provide for needed Obstruction Mitigation aka Tree Removal, as described in the project documents. Per the Grant Language of Grant No:46, this 4,855,854.00 project is funded, as follows: Federal Aviation Administration's Airport Improvement Program. $3,333,364 Expenditure Required: AIP -ALO's Airport Entitlements from part of FY-2017, and all of Federal Fiscal Years 2018/2019/2020. Note: Some of the project funds, of yet is undisclosed, are derived via the FAA's allocation of CARES Act funds for the 4-State Central Region Airports office. U.S. Department of Transportation and the Federal Aviation Administration via FAA Grant No: 3-19-0094-046-2020. *** FY-2021 $1,000,000. AIP Entitlements Page 394 of 545 *** FY-2022 $522,490. AIP Entitlements NOTE: Since this is considered a Multi-Year Grant, and pending future legislation from Congress, the Airport Director is anticipating that the FAA will provide FY-2021 funds at 100% funding and/or without the need for local City of Waterloo and Waterloo Regional Airport match of 10% or Source of Funds: $100,000. This could be possible only because of the ongoing hardship to airports and the lack of passenger traffic The same could be said for FY-2022 with ALO's passenger entitlements at $522,490.00. However, if Congress does NOT provide the 100% funding for FY's 2021 & 2022, the Airport Director and Chief Financial Officer have agreed to utilize approximately$155,000 ofALO's CARES Act funds, to utilize as our 10% local match. This project complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 3, and Strategy No:3.1, 3.3, 3.4 and 3.5. Goal No:4, and Strategy No:4.5. Alternative: No alternatives were selected for the use of these funds. This project provides for the following airside construction: 1. Pavement Reconstruction of Taxiway Bravo from the intersection of Taxiway Alpha(across old Runway 6-24), and to the intersection of Bravo Taxiway and Runway 18/36; and half of the Taxiway Charlie Stub Connector; (This will be a transition of pavement from Asphalt to Concrete) 2. Pavement Reconstruction of the Large Charter Aircraft Parking Apron Background Information: (located north of the Airfield Lighting Vault. This will also be a transition from the current asphalt pavement to concrete. 3. East Passenger Terminal Apron concrete joint cleaning and resealing; and, 4. Obstruction Mitigation(Tree Removal) in the following areas: A. Approach to Runway 12 (north of Dunkerton Road) B.Approach to Runway 18 (north of Dunkerton Road) C. West of, and Mid-Field of Runway 18/36 Legal Descriptions: Not Applicable for this request by Airport Staff. Page 395 of 545 C7 RECEIVED AUG 1 91010 v U.S, Department of Transportation Airports Division FAA ACE-600 Central Region 901 Locust Federal Aviation Iowa, Kansas, Missouri, Nebraska Kansas City,MO 64106 Administration Aug 5 2020 i Mr_ Keith Kaspari, MPA, CM Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Dear Mr. Kaspari: We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP) Project No. 3-19-0094-046-2020 at Waterloo Regional Airport in Waterloo, IA. This letter outlines expectations for success_ Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant by providing their digital signature. c. Once the sponsor's authorized representative has electronically signed the grant, the sponsor's attorney will automatically be sent via email the grant to provide their digital signature. d. You may not make any modification to the text, terms or conditions of the grant offer. e. Following the attorney's action, the executed grant will be automatically sent to all parties as an attachment to an email. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you to complete the project without undue delay. We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Should you fail to make draws on a regular basis, your grant may be placed in"inactive" status, which will affect your ability to receive future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF-270 (non-construction projects) or SF-271 or equivalent (construction projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31. of each year this grant is open); and • Performance Reports, which are due within 30 days of the end of a reporting period as follows: 1. Non-construction project: Due annually at end of the Federal fiscal year. Page 396 of 545 2 2. Construction project: Submit FAA form 5370-1, Construction Progress and Inspection Report at the end of each fiscal quarter. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal®assistance programs. Please tape appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. Brian M. Tompkins, (g 16) 329-2647, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Page 397 of 545 3-19--0094-046-2020 U.S.Department of Transportation Federal Aviation Administration GRANTAGREEMENT PART I—OFFER Date of Offer Aug 6, 2020 Airport/Planning Area Waterloo Regional (ALD) AIP Grant Number 3-19-0094-046-2020 DUNS Number 826186959 TO: City of Waterloo, Iowa (herein called the"Sponsor ) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS,the Sponsor has submitted to the FAA a Project Application dated June 15,2020, for a grant of Federal funds for a project at or associated with the Waterloo Regional Airport,which is included as part of this Grant Agreement; and WHEREAS,the FAA has approved a project for the Waterloo Regional Airport therein called the "Project") consisting of the following: Rehabilitate East Terminal Apron (3,950 sq.yds.), Reconstruct West Terminal Apron (3,400 sq.yds.), Reconstruct Taxiway B (2,650 ft.x 50 ft.)from the Terminal Apron to Runway 18/36, Reconstruct Taxiway C(200 ft. by 50 ft.) north of Taxiway B, and Remove Trees west of Runway 18/36 and under Runway 18 Approach Surface which is more fully described in the Project Application. NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. §40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"),the representations contained in the Project Application, and in consideration of (a)the Sponsor's adoption and ratification of the Grant Assurances dated March 2014, as applied and interpreted consistent with the FAA Reauthorization Act of 2018 (see 2018 FAA Reauthorization grant condition.), (b) and the Sponsor's acceptance of this Offer; and, (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay One Hundred (100%) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. 1 Page 398 of 545 3-19-0094-046-2020 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is $3,333,364.00. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. §47108(b): $0 for planning $3,333,364.00 for airport development or noise program implementation; and, $0 for land acquisition. 2. Multi-Year Grant. This project is part of a multi-year grant, which is more fully described in the Special Conditions. The total United States share of the project is $4,855,854.00, and the project is planned to be funded in Fiscal Years FY-2020 with $3,333,364, FY-2021 with$1,000,000, and FY-2022 with $522,490(if available). For the fiscal years in which this project is being funded,the FAA will establish that fiscal year's maximum obligation in a letter to the Sponsor. When the FAA can calculate the funding and incur the obligation, the FAA will issue this letter to the Sponsor. Funding which will be subject to the restriction on the use of such apportionments imposed on FAA by existing and future Appropriations Acts. This commitment does not in itself obligate, preclude, or restrict the FAA in the use of any funds made available for discretionary use to further aid the Sponsor in meeting the cost of this project. 3. Period of Performance.The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period of performance is 4 years (1,460 calendar days)from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR§200.309). Unless the FAA authorizes a written extension,the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR§200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 4. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 5. Indirect Costs-Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA,to allowable costs for Sponsor direct salaries and wages. 6. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs_ 7. Completing the Protect Without Delay and in Conformance with Requirements.The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. Per 2 CFR§ 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months. The report must include a reason for the project stoppage.The Sponsor also agrees to comply with the assurances which are part of this agreement. 2 Page 399 of 545 3-19-0094-046-2020 3. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 9. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 15, 2020, or such subsequent date as may be prescribed in writing by the FAA. 10. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, orjudgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 11. United States Not Liable for Damage or Iniury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 12. System for Award Management(SAM) Registration And Universal Identifier. A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this requirement under 2 OFR 25.110,the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment,whichever is later.This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D & B)to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 13. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 14. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of 3 Page 400 of 545 3-19-0094-046-2020 the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 15. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 16. Financial Reporting and Payment Requirements.The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 17. Buy American. Unless otherwise approved in advance by the FAA,the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 18. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended,the maximum obligation of the United States, as stated in Condition No, 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land projects. 19. Audits for Public Sponsors.The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR§180.200,the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower-tier transactions (e.g. Sub-contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or(2)suspends or debars a contractor, person, or entity. 21. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for,or on behalf of, the Federal government, including work relating to a grant or subgrant, 4 Page 401 of 545 3-19-0094-046-2020 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 22. AIIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this grant award.The airport sponsor may not make any expenditure under this award until project work addressed under this award is removed from an approved PFC application by amendment. 23. Exhibit"A" Property Map.The Exhibit"A" Property Map dated December 11, 2013, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 24. Employee Protection from Reprisal. A. Prohibition of Reprisals- 1. in accordance with 41 U.S.C. §4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or V. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; V. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3. Submission of Complaint--A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. §4712(b) 5 Page 402 of 545 3-19-0094-046-2020 6. Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S.C. § 4712(c). 25. 2018 FAA Reauthorization.This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 3, 2014. On October 5, 2018,the FAA Reauthorization Act of 2018 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the Act is at https://www.congress.gov/bill/115th-congress/house-bill/302/text. 26. Multi-Year Grants- Letter of Agreement. The maximum obligation for the current fiscal year stated in Condition 1 of this grant agreement may be increased by the additional amounts, if any, added by the FAA letter to the Sponsor discussed in the subparagraph below, but may not exceed the United States'share of the total estimated cost of completion, except as provided in 49 USC§47108(b). Under 49 USC§47108, as amended, and at the Sponsor's request,the FAA commits the United States to obligate an additional amount to this project for FY-2020 pursuant to 49 USC§47114 and subject to the restrictions on the use of such apportionments imposed on FAA by current or future statute or regulation. It is further understood by the Sponsor and the FAA that this commitment does not in itself obligate, preclude, nor restrict the FAA in the use of any funds made available for discretionary use to further aid the Sponsor in meeting the cost of this project under the terms of this grant agreement and limitations of the law. The exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the Sponsor stating the current maximum obligation for this project. This letter will be issued to the Sponsor by the FAA when such computation and obligation can be made in FY-2020. The Sponsor and the FAA agree that upon its issuance,this Better will be considered incorporated by reference into this grant agreement. 27. Lighting.The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards. 28. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Grant Assurance Pavement Preventive Management.The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport.The Sponsor further agrees that the program will: A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; C. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: 6 Page 403 of 545 3-19-0094--046-2020 a. Location of all runways,taxiways, and aprons; b. Dimensions; c. Type of pavement; and, d. year of construction or most recent major rehabilitation. 2. Inspection Schedule. a. Detailed Inspection.A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6,the frequency of inspections may be extended to three years. b. Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive-by inspections,the date of inspection and any maintenance performed must be recorded. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is: a. Inspection date; b. Location; C. Distress types; and d. Maintenance scheduled or performed. 4. Information Retrieval System.The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required. 29. Project Which Contains Paving Mork in Excess of$500,000.The Sponsor agrees to: A. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications.The program must include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract; 2. fumes of testing laboratories and consulting engineer firms with quality control responsibilities on the project,together with a description of the services to be provided; 3. Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077); 4. Qualifications of engineering supervision and construction inspection personnel; S. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken,the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and 6. Procedures for ensuring that the tests are taken in accordance with the program,that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. 7 Page 404 of 545 3-19-0094-046-2020 B. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed; highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out-of-tolerance material. Submit interim test and quality assurance reports when requested by the FAA. C. Failure to provide a complete report as described in paragraph b, or failure to perform such tests,will, absent any compelling justification; result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. D. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 30. Protection of Runway Protection Zone-Airport Propert►/.The Sponsor agrees to prevent the erection or creation of any structure, place of public assembly, or other use in the runway protection zone, as depicted on the Exhibit "A": Property Map, except for NAVAIDS that are fixed by their functional purposes or any other structure permitted by the FAA.The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the FAA. 31. Protection of Runway Protection Zone- Easement.The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences,fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 32. Plans and Specifications Approval Rased Upon Certification.The FAA and the Sponsor agree that the FAA approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA.The Sponsor understands that: A. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; B. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and, C. If the FAA determines that the Sponsor has not complied with their certification statements,the FAA will review the associated project costs to determine whether such costs are allowable under AIP. g Page 405 of 545 3-19-0094-046-2020 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Jim A.Johnson (Typed Name) Director, Central Region Airports Division (Title of FAA Official) 9 Page 406 of 545 3-19-0094-046-2020 PART II-ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements,representations,warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Dated Aug 14,2020 City of Waterloo, Iowa (Name of Sponsor) y° �u r,r,�i an.ail i r'43C,oT; _...__.... ............._............ (Signature of Sponsor's Authorized Official) Quentin Hart — —......__............_ ..__...-_-. ._......� _ _ (Typed Name of Sponsor's Authorized Official) Mayor - _._..............-_-.................._......_........ (Title of Sponsor's Authorized Official CERTIFICATE OF SPONSOR'S ATTORNEY I,, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Iowa . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition,for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated By: ........... ............. (Signature of Sponsor's Attorney] 'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001(False Statements) and could subject you to fines, imprisonment,or both. 10 Page 407 of 545 WE Number:40.40-0094 Expiration Date,12131I nn Application for Federal Assistance.SF-424 1.Type of Submission: `2.Type of Appkation:. 'Sf Revision,select np7 Topriatc letter(s): Preapplieatlan New 71 Application Continuation Cather(Specif}; Changed/Corrected Application ❑Revision " S.date Received: 4.Applicant Identifier. 3-15-07055-0046 5a.Federal Entity Identifier" 5b.Federal Award Identifier 3-19-G094-0096 State Use Only: 6.Date Received by States 7.State Application Identifier: _ 8.APPLICANT INFORMATION - a.Legal Name: City of Waterloo, Icwa 'b.ErnployerlTaxpayer Idurtifluadon Number(E1NtT1% C.Organizational DUNS: 42-61005333 8261559580000 d.Address. Streetlt 2790 Livingston bane Street2: City: SJ�teiloo CountylRarish: Stas; Tr_: Iowa Praujnca> `Country: USA: UNTIED STr3TE$ *zip.l postal G0de: e.Organ izatiunat Unit., Department Name: Division Name: f.Dame and contact information ofpersori to be contacted on matters involvi6g this application Prefix: Mr. `First Name: Keith Middle Name: Last Name: Ka,spar_i Suffix Titie: j:irectcx of Aviat�.cn Organizational AffWation: Telephony Dumber: 31.5-241-558.3 Fax Number: 1319=291-4250 Email: ke .th.kaspari@urate.rlou-ia.:arg Page 408 of 545 i Application for Federal Assistance SF-424 *9.Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select App I!cant Type: Other(specify): 10.Name of Federal Agency: Federal Aviation Administration 11.Catalog of Federal Domestic Assistance Number. 20.105 CFOA Title: F- *12.Funding Opportunity Number: �-19-f1094-0045 *Title: Reconstruct Taxiway "B" South of Runway 18/36, Removal of Trees, Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron 13.Competition Identification Number: Tifie: 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment c]e�, A zcY,, nt. is e�1.frchrraut *15.Descriptive Title of Applicant's Project: Reconstruct Taxiway "S" South of Runway 18/36, Removal of Trees, Reconstruct West TeGminal Apron and Clean/Reseal Joints East Terminal Apron Attach supporting documents as specified in agency inslructioris. Add AftacYFmenks.� fs ' Page 409 of 545 Application for Federal Assistance SF-424 1.6.Congressional Districts Of: `a.Applicant lst_ 'b.ProgramlPreject 1st Attach an additional list of Program/Project Congressional Districts if heeded. AddAftachment- -.Ei� �, a€; 17.Proposed Project.. Start Qete: a.I 1 'a '`b.End Date: � ! / 18.Estimated Funding "a.Federal 4,B55,855.fit] b.Applicant 0.061 C.State *d.Local e.othef .._°a-. P� Program income s TOTAL a,855,13s5.00 *19.is Application Subject to Review By State Under Executive Larder 12372.Process? a.This application was made available to the State under the executive Order 12372 Process for review on �- b.Program is subject to R.Q. 12372 but has not been selected by the State for reOeer. c_Program is not covered by E.O.12372. 20,is the Applicant Delinquent On Any Federal Debt? (it"Yes,"provide explanation in�kttaehment:) ❑Yes X No If"Yes";provide expianation and attach 21.'By signing thin application,I certify(1)to the statements contained.in the list of certifications**and(2)that the-statements herein are true,,complete. and accurate to the best of.my knowledge. I also provide the required assurances"' and agree to comply with any resulting terms if I accept an award.t am aware that any false,ficti iluus,orfroudulent statements or claims may subject me to criminal,civil,or-cdmmistrative.penalties.(U,S,God .,Me 218,Section lobi) X -I AGREE The list of cortifications and assurances., or an iaternet site where you may obtain this fist, is contained in the anncunaement or agancy .specific instructions. Authorized representatives Prefix: M:T:. °First Name: Yeith Middle;Name; p- Last Name: --— - - f -- - - Suffix: `Title: p se=-ox of kv_ati.on "TelePhoneNumber: 31� 29i-99 3 Fax Number: QIP'-2.9i-42.50! `Email: ke th.kaspasi,awatexlac-ia.urg - F Signahrre.of Authorized Representative t «Date Signed 0 6f i,,,/2t12 i, } Page 410 of 545 OMB CONTROL NUMBER:2120-0569 OMB EXPIRATION DATE:8/31/2019 PART III — BUDGET INFORMATION -- CONSTRUCTION SECTION A—GENERAL 1. Federal Domestic Assistance Catalog Number: 20.106 2. Functional or Other Breakout: SECTION B—CALCULATION OF FEDERAL GRANT Total Cost Classification Apron Taxiway Amount Required 1. Administration expense $ 10,000 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 57,020 198,610 255,630 5. LATEX 48,000 6. Project inspection foes 425,500 7. Land development 8. Relocation Expenses Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 4,116,725 12. Equipment 13. Miscellaneous 14. Subtotal (Lines 1 through 13) $ 4,855,855 15. Estimated Income (if applicable) 16. Net Project Amount(Line 14 minus 15) 17, Less: Ineligible Exclusions(Section C, line 23 g.) 18. Subtotal (Lines 16 through 17) $ 4,855,855 19. Federal Share requested of Line 18 4,855,855 20. Grantee share 0 21. Other shares 22. TOTAL PROJECT (Lines 19, 20 & 21) $ 4,855,855 FAA Form 5100-100(3116)SUPERSEDES PREVIOUS EDITION Page 5 of 7 Page 411 of 545 IMPROVEMENTS TO THEu WATERLOO REGIONAL AIRPORT OWNER/SPONSOR: CITY OF WATERLOO, IA RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL APRON FAA Al P NO. 3-19-0094-0046-2020 RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 & REMOVE TREES u TREE CLEARING ---------- DUNK - DUNKEATONROAD 1 � lid { 1 N 1 1 f I I \ ff 1 Y 1 \ 1 1 1 1 TREE CLEARING + I TAXIWAY B z AND GRUBBING j RECONSTRUCTION -------- P ,n a I = � j TERMIN PRON TERMINAL APRON Wl lT E 1[�\LOO o RECONSTRUCTION JOINT RESEALING REGIONAL AIRPORT ° w APPROVED LOCATION MAP 91-ACK HAWK COUNTY 1 61RECTCR OF AVIATION,WATERLDO R00VtJ6PDRT xYv V l y L hereby certify that this £ng(neer ing ---- rr----_ .- -- � I`� document was prepared by me or under r I I.0 n my direct personal supervision and that 1 c �,t AIRLI EHIGHWAY -- —r---- --- ( am a duly Licensed Professional Engineer m oo ❑ o c D g Q!� 1 k �� �`a�0.•• '•••.ye , under the laws of the State of Iowa. == VICINITY MAP `_ DAVID 5. 3, l� `may zz,zozo ,. NOT TO SCALE = 13oa7 DAVID B. HUGHES Date License number 13037 rOWPMy license renewal date is December 31, 2021 DESIGN CRITERIA RECONSTRUCTED AIRFIELD PAVEMENTS ARE Pages or sheets covered by th(s seaE: AEOOM AEGOM DESIGNED UTILIZING AIRCRAFT DESIGN GROUP All sheets 501 SYCAMORE STREET,SUITE 222 6005:W,7TH STREET,SUITE 307 WATERLDgIOWA 507P3 DES MOINES,IOWA 50309-A506 C-III AIRFIELD ANO TAXIWAY DESIGN GROUP 3. (318)232-531 (515)3237010 Com P19932-0271[FAX) (515)2444803(FAX) Page 4 O 9 I li I I a IV I I Table B-Runway,Taxivvay,and Apron Availability per Phase i II PHASE 2 ° II II Phase 1 Phase 2 Phase 3 o NT III Runways ii DUNKERTON ROAD II Runway 1213o Dpen Open t]pen II CJI Runway 18f36 open Open y Runway 6/24 III Back-taxi Operations Required on Runway Depart 12 t7epart 12 No II 12130 Arrive 30 Amve 30 Back-taxi Operations Required on Depart 18 = NIA Rvry- No 5 \\ / f j- - Runway 18136 Arride 36 t tosea:'- C\ l II Taxiways Taxiway A West of Runway 18136 b6ed ! ., Closed_ Open Taxiway A West of Taxiway B to ParUapy Parhai;y. Open \ l� Runway18136 Crased Closed _ Taxiway A and Taxiway B Intersection l ed Open Taxiway A East of Taxiway B to j Open Open Partially Runway 32130 WL Closed _ o LIGHTED CLOSE < llll Taxiway A East of Runway 12130 Open -_ Open: Open Z ` 11 RUNWAY MARKER 1LI II Taxiway B North of Runway 18136 Open PW Opeh (P"ASE 2) l } ,l Tax-way B South of Runway 18)36 _ open Taxiway B-1 Open BOODE LCRTIr Taxiway C North of Runway 12130 Open Taxiway C South of Runway 12130 Open /1i"I p \\\ \\ f I f II Taxiway E Open Open. Open o uJ �7 \\\ - I _f p Il Aprons $ � `\j I FII +I ANGTaxilane Open Open Open. I f 1 a f BARRICADE Ii r West Terminal Apron Closed , Open_ Open r `\ 2 I LOCATION II r# East Terminal Apron Open Open Closed �P) ■ II ♦ GA East of Taxiway B;Taxilane and Apron Open Open Open r \ GA UVest of taxiway 8;Intersection of ■ \� 1 Q \\ \ / II 4— -- -- - -- - --- - - — 1 Taxilanes with Taxiway Open Open Open .- FBO(Livingston)Apron Open Open Open PHASE 2 2 VORTAC ARFF Access Road to Taxiway A Open Open Open AREA-1000' l 2 R J l ARFOpen f Service Road to East Terminal Apron Open Closed PAINTED CLOSE 1$ 1 T2� ` , RUNWAY MARKER I� 1 ,52/ \ \ \` (PHASE 1&2) RpF�� II Table C-Instrument Approach Procedures Availability per Phase PHASE 2 m I m Instrument Approach Procedures Phase 1 Phase 2 Phase 3 NIL ,_ _ ._!� 3 1', \�SO'I , '' ,' 3 Fp,I �— Runway 6024-RNAV(GPS)RWY 06 a g I �4e If Runway 6@4-RNAV (GPS)RWY 24 NIA CRITAC E q CRITICJ� Runway 6124-VOR RWY 06 11fA NIA `VP}1ASE 1 Runway 624-VOR RWY 24 fd1A t1tlA I V �' 2 , \\ \ Runway 12130-ILS or LOC RWY 12 Available Avaitabte AVallable' Runway 12130--RNAV (GPS)RVJY 12 AVallabie Avallabte Available o If 3 gs '' \' / \` �o� Runway 12130-VOR RWY 12 t17A N1P Available o F jj Na' Zal _ � / Runway 12130-RNAV (GPS)RWY 30 Available Available Availableaao r RAN PHASE 3 \\ yb \ W a n L J o '- �� 3 \ \ \\\ Runway 12130-LOC BC RWY 30 Available - Avalable Avadab;e w¢- r +' � Runway 18136-RNAV(GPS)RWY 18 Available NI10 Ayaliable a oZ a PAI CLOSE P , i PHASE 1 O Z O a 4 WAYMARKER' ' 1 ' PHASE 1 1 - TO�j `\ Runway 18136-RNAV (GPS)RWY 36 Available NTA Available q Q Q am (PHASED-21 �' 2 3. + _- _ dao ¢ \ Runway 18136-VOR RWY 18 N!A r, AJ1A- Available.- m Lu U LLI IL LL � � _ _ _ _ l l = 11 ►I i_ LIGHTED CLOSED r L Y t ti RUNWAY MARKER I l`\ (PHASE 2) DATE MAY 15,2020 _ FRQJEC-rNO. PRCJ5, LL r a 60625545 FI1EN�i _ --I~f -_ - •i FILENAME SHEET NO. SHEEP. ORA "'� L p' 5G0' 1900' DRAWING NO. Page 4 y 5 SCALE i CITY OF WATERLOO Council Communication Resolution approving a Construction Related Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa in the amount of$425,500, in conjunction with paving improvements and other miscellaneous work associated with FAA Grant No. 3-19-0094-0046-2020, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/8/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type ❑ Copy of FAA Form 424 Backup Material ❑ CRS Agreement with AECOM Technical Services, Backup Material Inc. Resolution approving a Construction Related Services Agreement with AECOM Technical Services, Inc., of Waterloo. Iowa in the amount of SUBJECT: $425.500, in conjunction with paving improvements and other miscellaneous work associated with FAA Grant No. 3-19-0094-0046-2020, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: Approve of the request as noted above by Airport Staff. This request by Staff will provide professional construction administration and inspection services for the paving work associated with the following: 1. Pavement reconstruction of Taxiway Bravo, from the intersection of Taxiway Alpha, to the intersection of Runway 18/36; 2. Pavement reconstruction of the large charter aircraft parking area located Summary Statement: north of the airfield lighting vault up to the pavement joint to intersect with Taxiway Alpha(West); 3. Pavement joint cleaning and resealing of the east airline passenger terminal building; and, 4. Obstruction Mitigation(or), Tree Removal at miscellaneous locations both on and off the airfield. Expenditure Required: The cost of this request is $425,500.00. For this project, estimated at$4,855,854.00, is funded as follows: FY's 2018 -2019 -2020-Airport Staff is using ALO's $1,000,000 of FAA AIP funds for a total of$3,000,000. Page 414 of 545 For these three Fiscal Years, there is no local match requirement for this allocation of funds, and will be at 100% FAA. FY-2021 -Airport Staff allocating ALO's $1,000,000 of our FAA AIP Funds at a"now" proposed 10%match. Source of Funds: NOTE: There is discussion that the FAA will provide 100% funding for this Fiscal Year period, but this legislation has not yet been passed. FY-2022 -Airport Staff allocating an estimated amount of$522,490.00 of our annual FAA AIP funds -with staff estimating an"as of the date of this Council meeting" a needed 10% local match for federal funds received during this Fiscal Year. FAA providing the balance of the funds needed via the CARES Act legislation, to arrive at a project funding total as noted above, at: $4,855,854.00. This overall project, complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 3, and Strategy No:3.2, 3.3, 3.4, 3.5 and 3.7. Goal No:4, and Strategy No:4.5. Alternative: There were no alternatives considered for the use of these funds to complete the CRS phase of this upcoming FAA project. This request allows AECOM, serving as ALO's engineering consultant, to provide professional construction management services to this FAA grant funded project associated with FAA Grant No:46 received on August 19, 2020. Background Information: Pavement reconstruction services will begin during the spring season of CY- 2021. Legal Descriptions: Not Applicable for this request by Airport Staff. Page 415 of 545 OMB Number:4040-0004 Expiration Date:12131/2022 Application for Federal Assistance 5F-424 1.Type of Submission: 2.Type of Appllcation: If Revision,select appropriate letter(s): ❑ Preapplication ®New ®Application []Continuation other(Specify): ❑ Changed/Corrected Application ❑Revision 3.Date Received: 4.Applicant Identifier: 3-19-0094-0046 5a.Federal Entity Identifier: 5b.Federal Award Identifier: 3-19-0094-00.45 State Use Only: 6.Date Received by State: 7.State Application Identifier: 8.APPLICANT INFORMATION: 'a.Legal Name: City of Waterloo, Iowa "b.Employer/Taxpayer Identification Number(EINITIN): 'c.Organizational DUNS: 42-6005333 8261869590000 d.Address: 'Street!: 2790 Livingston Lane Street2: City: Waterloo 1 County/Parish: State: IA: Iowa Province: `Country: USA: UNITED STATES Zip 1 Postal Code: 50703 e.Organizational Unit: Department Name: Division Name: f.Name and contact information of person to be contacted on matters involving this application: Prefix: Mr *First Name: Ifeith Middle Name: *Last Name: Kaspari Suffix: Title: Director of Aviation Organizational Affillation: 'Telephone Number: 1319-291-4483 Fax Number: F19-291-42-90 'Email: keith.kaspari@waterloo-ia.oig I Page 416 of 545 Application for Federal Assistance SF-424 9,Type of Applicant 1:Select Applicant Type: C: City or Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: Other(specify): *10.Name of Federal Agency: Federal Aviation Pdministration 11.Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: 12.Funding Opportunity Number: 3-19-0099-OOfl6 Title: Reconstruct Taxiway "B" South of Runway 18/36, Removal of Trees, Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron 13.Competition Identification Number: Title: 14.Areas Affected by Project(Cities,Counties,States,etc.): Adci Attachmer�Y IIvtW A tic ,t apt c . AtfP rn :t *15.Descriptive Title of Applicant's Project: Reconstruct Taxiway "B" South of Runway 18/36, Removal of Trees, Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron Attach supporting documents as specified in agency instructions. Add Attachments;' oei;A tial>Y rye ts. Jre r1: f h Eetils Page 417 of 545 Application for Federal Assistance SF-424 16.Congressional Districts Of: *a.Applicant 1st 'b.ProgtamlProJect 1st Attach an additional list of Prograrr/Project Congressional Districts if needed. Add Attachment View Attachr,r ; 17.Proposed Project: 'a.Stark Date: 12/61/2017 b.End Date: 06/30/2022 18.Estimated Funding($): *a.Federal 4,855,:8 5 b.Applicant 0.00 c.State d.Local *e.Other f. Program Income `g.TOTAL 4,855,855.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a.This application was made available to the State under the Executive Order 12372 Process for review on b.Program is subject to E,O. 12372 but has not been selected by the State for review. ® c.Program is not covered by E.O. 12372. 20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.) ❑Yes ®No If"Yes,,,provide explanation and attach -.iilJ,1+1L cl :nai Delel.eAttach rrlertt View Attachunert 21.*By signing this application,I certify(1)to the statements contained in the list of certifications-and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances- and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) ® **IAGREE - The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Keith Middle Name: D. "Last Name: Kas'pari Suffix: 'Title: Director of Aviation Telephone Number: 319-291-4483 Fax Number: 31.9-291-4250 E-mail: keith.kaspari@waterloo-ia.org Signature of Authorized Representative, I / , date Signed: 06/15/2320 Page 418 of 545 OMB CONTROL NUMBER:2120-0569 OMB EXPIRATION DATE:8131/2019 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A—GENERAL 1. Federal Domestic Assistance Catalog Number: 20.106 2. Functional or Other Breakout: SECTION B—CALCULATION OF FEDERAL GRANT Latest Approved Adjustment Total Cost Classification Amount +or(-)Amount Amount (Use only for (Use only for revisions revisions) Required 1. Administration expense $ 10,000 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 255,630 5. Other Architectural engineering fees 48,000 6. Project inspection fees 425,500 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 4,116,725 12. Equipment 13. Miscellaneous 14. Subtotal (Lines 1 through 13) $4,855,855 15. Estimated Income(if applicable) 16. Net Project Amount(Line 14 minus 15) 17. Less: Ineligible Exclusions(Section C, line 23 g.) 18. Subtotal (Lines 16 through 17) $4,855,855 19. Federal Share requested of Line 18 4,855,855 20. Grantee share 0 21. Other shares 22. TOTAL PROJECT(Lines 19,20&21) $4,855,855 FAA Form 5100-100(3116)SUPERSEDES PREVIOUS EDITION Page 5 of 7 Page 419 of 545 PECOM AECOM 319-232- 1 tel 501 Sycamore Street 319-232-0270271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 REMOVE TREES RECONSTRUCT WEST TERMINAL APRON CLEAN/RESEAL JOINTS EAST TERMINAL APRON CONSTRUCTION-RELATED SERVICES (CRS) FAA AIP NO.3-19-0094-046 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Project Description -See Attached Exhibit A, Scope of Services Scope of Services - See Attached Exhibit A, Scope of Services Compensation Compensation for services for this project shall be a cost plus fixed fee not to exceed Four Hundred Twenty- Five Thousand Five Hundred Dollars ($425,500.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated February 4, 2020. The conditions in the attached Exhibit C, Federal Contract Provisions for A/E Agreements, shall replace Exhibit B, Federal Provisions of the Professional Services Agreement. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES NC. By By Quentin M. Hart, Mayor Douglas W. Schi el, .E. Associate Vice President Date Date August 17, 2020 Page 420 of 545 AECOM Page 1 EXHIBIT A SCOPE OF SERVICES FOR CONSTRUCTION-RELATED SERVICES (CRS) RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 REMOVE TREES RECONSTRUCT WEST TERMINAL APRON CLEAN/RESEAL JOINTS EAST TERMINAL APRON WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP NO. 3-19-0094-046 I. Project Description This work is included in the 2020 FAA AIP Improvements at the Waterloo Regional Airport, Waterloo, Iowa. The project involves the following major construction elements: Reconstruct Taxiway B • Reconstruct Taxiway B from Runway 18/36 to the Taxiway A at the Terminal Apron including guidance signs, markings, and • Replace taxiway guidance signs in area of reconstructed Taxiway B with new LED signs • Replace taxiway edge lights in area of reconstructed Taxiway B with new LED lights • Permanent closure of Runway 6/24 with painted closure markings • Runway 6/24 temporary closure and removals associated with the construction of Taxiway B • Remove asphalt shoulders along Taxiway A and Taxiway B and construct unpaved shoulders Remove Trees • Clear trees in two wetland areas north of Dunkerton Road • Clear and grub trees north of Dunkerton Road and west of Runway 18/36 Reconstruct West Terminal Apron • Complete reconstruction of the western portion of the terminal apron • Aircraft tie downs on new apron area • Pavement marking Reconstruct drainage structures Clean/Reseal Joints East Terminal Apron • Pavement joint resealing on the eastern portion of the terminal apron The Taxiway B and tree removal portion of the project includes approximately 1,070 square yards of 8-inch Portland Cement Concrete pavement, 18,500 square yards of 13-inch Portland Cement Concrete pavement, 6,580 linear feet of subdrain, 10,200 square feet of pavement marking, a medium intensity taxiway lighting system, including replacement of lighted airfield guidance signs grading, surface restoration along the taxiway, six acres of tree clearing and 21 acres of tree clearing and grubbing. Page 421 of 545 AECOM Page 2 The West Terminal Apron and resealing the joints on the East Terminal Apron portion of the project includes approximately 960 square yards of 10-inch Portland Cement Concrete pavement, 2,440 square yards of 12.5-inch Portland Cement Concrete pavement, 435 linear feet of subdrain, two catch basin adjustments, two new catch basins, 3,675 square feet of pavement marking and 4,950 linear feet of joint sealing. II. General Project Scope The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide construction-phase services. The design phase has been completed and the project is currently in the bid phase. The construction-phase services shall be divided into the following tasks: A. Construction Phase 1. Assemble Construction Documents. This task consists of assisting the Sponsor in assembling the contract documents for execution by the Contractor and the Sponsor. 2. Issued for Construction Project Documents. This task consists of preparing eleven (11) sets of plans and project manuals issued for construction. a. FAA. One(1)electronic copy of the issued for construction set of plans and project manual. All plans will be half-size (11"x 17"). b. Sponsor. Two(2)hard-bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). All plans will be half-size (11"x 17"). C. Consultant. Four(4) hard-bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). All plans will be half-size (11"x 17"). d. Contractor. Five (5) hard-bound copies of the issued for construction set of plans and project manual. Four (4) sets will be half-size (11" x 17") and one set will be full-size (22"x 34"). 3. Pre-Construction Conference. This task consists of preparation of meeting agenda, attending and conducting a pre-construction conference with representatives of the Contractor, Sponsor, Consultant, FAA and affected utilities, preparing meeting minutes and distribution to all meeting attendees and critical organizations not represented at the meeting. Preconstruction conference will be attended by the Project Manager, Construction Engineer and the Resident Project Representative. 4. Construction Surveying. This task consists of establishing horizontal and vertical control for the project. In addition, this task includes checking the Contractor survey notes for accuracy and method of staking. Contractor's survey will be checked prior to beginning work in the area staked, and periodically for grade and alignment. The survey notes received from the Contractor will be organized, checked and filed for reference during the project. 5. Shop Drawings and Submittals. This task consists of reviewing the following shop drawings and other submittals from the Contractor as required by the contract documents for conformance with the design concept of the Page 422 of 545 AECOM Page 3 project and compliance with the information given in the contract documents. Submittals and shop drawings will also be reviewed for compliance with Buy American Provisions of the contract. Reconstruct Taxiway B South of Runway 18/36 and Remove Trees a. Contractor's Safety Plan Compliance Document(SPCD) b. Embankment Material C. Silt Fence d. Subbase Course e. Crushed Aggregate Base Course f. Cement Treated Permeable Base Course g. Portland Cement Concrete Pavement h. Joint Sealant i. Runway and Taxiway Paint j. Reflective Media k. Reinforced Concrete Pipe I. Storm Sewer Catch Basin M. Pipe Underdrains n. Underdrain Cleanouts o. Seeding p. Topsoiling q. Mulching r. Light Fixtures S. Light Bases t. Connector Kits U. Heat Shrink Kits V. Fixture Tags W. Conduit X. Handholes y. Wire Z. Counterpoise Wire aa. Ground Rods bb. Exothermic Welds cc. Wire Tags dd. Guidance Signs ee. Structural Concrete Reconstruct West Terminal Apron and Reseal Joints East Terminal Apron a. Contractor's Safety Plan Compliance Document(SPCD) b. Subbase Course c. Crushed Aggregate Base Course d. Cement Treated Permeable Base Course e. Portland Cement Concrete Pavement f. Joint Sealant g. Runway and Taxiway Paint h. Reflective Media i. Aircraft Tie Down Anchors j. Storm Sewer Catch Basin k. Pipe Underdrains I. Underdrain Cleanouts 6. Construction Observation Program (COP). This task consists of preparation of the COP which will detail the measures and procedures that are required to assure conformance with the approved plans and Page 423 of 545 AECOM Page 4 specifications. This program will be developed in accordance with the FAA Central Region AIP Sponsor Guide Section 1000 and submitted for FAA review and approval. The Contractor shall be provided with copies of the FAA-approved COP at least 10 calendar days before the pre-construction conference. 7. Construction Assistance. This task consists of answering design interpretation questions from the Sponsor, Contractor, review staff and appropriate agencies. 8. Pay Applications and Reimbursement Forms. This task consists of preparing and processing monthly applications for payment to the Contractor and forwarding to the Sponsor for execution with recommendations for approval and payment. 9. Labor and Payroll Reports. This task consists of reviewing weekly labor and payroll reports for compliance with Davis-Bacon Act, conducting on-site employee interviews, conducting E.E.O. site inspections and completion of GSA Form 1445. It is anticipated that thirty on-site interviews for wage rate compliance will be conducted. Original documents will be submitted to the Sponsor at completion of project for storage. 10. Testing of Materials. This task consists of providing field testing and materials testing in accordance with the COP. Braun Intertec will provide quality assurance testing as identified in the COP. 11. Engineer Site Visits. This task consists of the project manager and/or engineer conducting a total of twelve (12) periodic site visits to the construction site by design personnel at appropriate stages of construction to observe the progress, safety and quality of the construction. The engineer's representative will meet with the representatives of the Sponsor and the Consultant to discuss the project's progress and to identify areas of concern to facilitate the construction. For each engineer site visit, a detailed site visit memo shall be prepared summarizing the visit and submitted to the Sponsor. These site visits are separate from construction observation. 12. Change Orders. This task consists of coordinating with the Sponsor and Contractor in preparing and processing contract change orders. Change orders will be submitted to FAA for review and approval prior to their execution. 13. Pre-Paving Conference. This task consists of a meeting with the Contractor, quality assurance testing lab, resident project representative and the project manager to discuss the testing requirements and paving plan to assure that controls are in place to meet the project specifications prior to beginning paving operations. 14. Construction Observation. This task consists of providing full-time field observation during construction to review the work of the Contractor to determine if the work is preceding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Also included in this task will be the monitoring of DBE participation in the project. Construction observation is based on providing one full-time, on-site resident project representative for eight (8) hours per day for the full construction contract time of one hundred seventy (170) Page 424 of 545 AECOM Page 5 calendar days. Staffing requirements may be adjusted during the project in relation to the level of construction activity. 15. Weekly Construction Meetings. This task consists of meeting with the airport staff, tenants and the Contractor for 22 weekly progress meetings throughout the construction phase of the project. The meeting is to discuss project status, safety, operations, construction issues and upcoming construction schedule. 16. Weekly Construction Reports. This task consists of preparation and the 22 weekly submittals of FAA Form 5370-1, Construction Progress and Inspection Report, to the Sponsor and FAA. Reports will be completed in accordance with the AIP Sponsor Guide. A summary of the testing conducted and test results in each week and in-progress construction photographs shall be attached to each weekly report. A similar report format may be used if approved by the FAA. 17. Non-Compliance Reporting. This task consists of reporting to the Sponsor any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advising the Sponsor of any work that should be corrected or rejected. 18. Contractor Modifications. This task consists of reviewing, evaluating and making recommendations to the Sponsor and FAA for consideration on suggestions for modifications that have been proposed by the Contractor. 19. Project Files. This task consists of maintaining files for correspondence, reports of the job conferences, shop drawings, and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project-related documents. 20. Daily Reports. This task consists of the resident project representative keeping a diary, log book or report for those times on site, recording hours on the job site; weather conditions; data relative to questions of extras or deductions; list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors; activities; decisions, observations in general and specific observations in more detail when necessary, as in the case of observing test procedures. As part of this task, weekly construction progress and inspection reports will be prepared and submitted to the FAA. 21. Punch List. This task consists of conducting a review of the project near completion and preparing a list of items Punch List to be completed or corrected. 22. Final Review. This task consists of performing a field observation of the completed project before a final application for payment is processed for the Contractor. 23. Project Closeout. This task consists of assisting the Sponsor with project completion and final closeout documentation from the Contractor for the FAA by providing the required documentation as identified in the Central Region Airports Division AIP Sponsor Guide Section 1600. a. Final Outlay Report—Standard Form SF-271 Page 425 of 545 AECOM Page 6 b. Federal Financial Report—Standard Form SF-425 C. Final Project Cost Summary d. Summary of DBE Utilization e. Final Construction Report 1) Brief Narrative of Work Accomplished 2) Summary of Key Milestone Dates 3) Contract Time, Including Explanation of Liquidated Damages (If Required) 4) Statement of Compliance With Contract Labor Provisions 5) Administrative Costs 6) Engineering Costs 7) Force Account (If Any) 8) Construction Costs 9) Buy American Provisions 10) Airfield Lighting Equipment 11) Construction Material Testing and Acceptance 12) Final Inspection Report/Record of Completion 13) Contractor's Final Statement of Completion 14) Project Photographs f. As-Built Record Drawings g. Airport Chart/Diagram Modification, Included in Previous Task Order h. Airport Part 139 Sign Plan, Included in Previous Task Order i. Airport Marking Plan 24. Record Drawings. This task consists of providing the Sponsor with a copy of Record Drawings of the construction plans for the project based on the construction observation records of the review staff and Contractor showing those changes made during construction considered significant. Two copies of the Record Drawings in electronic and reproducible format will be provided to the Sponsor. One electronic copy would be for the FAA. Electronic drawings shall be in MicroStation V8 format. 25. Construction Administration. This task consists of construction administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. O:\Administration\AGREE\PROF\ALO 2020 Twy B Apron Combined CRS.docx Page 426 of 545 Exhibit B Reconstruct Taxiway B South of Runway 18/36 Reconstruct Taxiway C South of Runway 12/30 Remove Trees Reconstruct West Terminal Apron Clean/Reseal Joints East Terminal Apron Waterloo Regional Airport Waterloo, Iowa FAA AIP Project No. 3-19-0096-046 Construction Related Services Consultant Cost Summary I. Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 158 $91.25 $14,417.50 Project Professional 447 $65.90 $29,457.30 Staff Professional 264 $50.70 $13,384.80 Professional 84 $34.00 $2,856.00 CADD Operator II 80 $41.10 $3,288.00 CADD Operator 1 32 $23.95 $766.40 Senior Technician 1359 $40.00 $54,360.00 Technician 485 $27.70 $13,434.50 Project Support 260 $34.60 $8,996.00 $140,960.50 3169 II. Payroll Burden and Overhead Costs 131.94% $185,983.28 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 6200 0.575 3,565.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 5,000 0.06 300.00 Color Copies 1500 0.22 330.00 Plan Copier 150 0.50 75.00 EDM Equipment 96 12.50 1,200.00 GPS Equipment 24 25.00 600.00 Miscellaneous, Other 1,000.00 $7,070.00 IV. AECOM Estimated Actual Costs $334,013.78 Rounded $334,000.00 V. Subcontract Expense Braun Intertec $42,500.00 VI. Estimated Actual Costs $376,500.00 VII. Fixed Fee (15% of Items I & ll) Rounded $49,000.00 VIII. Maximum Amount Payable $425,500.00 Page 427 of 545 Reconstruct Taxiway B South of Runway 18/36 Reconstruct Taxiway C South of Runway 12/30 Remove Trees Reconstruct West Terminal Apron Clean/Reseal Joints East Terminal Apron Waterloo Regional Airport Waterloo,Iowa FAA AIP Project No.3-19-0096-046 Construction Related Services Staff Hour Estimate Item Description Senior Project Staff CADD CADD Senior Project No. Prof Prof Prof Prof Operator II Operator I Technician Technician Support Totals 1 Assemble Construction Documents 4 2 6 2 Issued for Construction Project Documents 6 8 8 22 3 Pre-Construction Conference 4 6 4 14 4 Construction Surveying a. Set Project Control 7 10 10 27 b. Grade Checks 4 Times Bottom of 6/4.5 inch Aggregate Base 20 20 20 60 Top of 6 inch Aggregate Base 16 16 16 48 Top of 5 Inch Cement Treated Base 20 20 20 60 Top 13/12.5 Inch PCC 20 20 20 60 c. Grade Checks on Shoulder Grading 8 8 16 d. Check Light and Sign Locations 16 16 32 e. Prepare Spreadsheet for Grade Checks 6 6 f. As-Built Lights,Handholes,Signs,Pavement Markings,Tie Downs and Storm Sewer 15 15 30 g. Review Field Notes from Contractor 32 56 88 5 Shop Drawings and Submittals 8 24 56 40 8 136 6 Construction Observation Program 10 28 4 8 12 62 7 Construction Assistance 10 24 24 16 28 4 106 8 Pay Applications and Reimbursements 2 8 8 6 4 28 9 Labor and Payroll Reports 48 48 10 Testing of Materials 2 4 12 18 11 Site Visits 24 36 1 20 1 80 12 Change Orders 6 8 4 4 22 13 Pre-Paving Conference 6 8 4 18 14 Construction Observation 1020 340 1360 15 Weekly Construction Meetings 16 56 48 16 136 16 Weekly Construction Reports 28 48 48 124 17 Non-Compliance Reporting 6 6 12 18 Contractor Modifications 12 12 24 19 Project Files 32 32 20 Daily Reports 4 32 1 56 20 112 21 Punch List 8 12 1 8 4 32 22 Final Review 8 12 1 8 28 23 Project Close-out 10 32 16 4 32 6 100 24 Record Drawings 6 32 32 32 102 25 Construction Administration 56 64 120 Total Design Services 1 158 1 447 264 84 80 32 1359 485 1 260 1 3169 Page 428 of 545 FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER", "OFFEROR", AND "APPLICANT" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB-TIER CONTRACTOR" OR LOWER TIER CONTRACTOR" SHALL PERTAIN TO ANY SUBCONSULTANT UNDER CONTRACT WITH THE A/E. ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS WITH THE A/E. ACCESS TO RECORDS AND REPORTS Reference: 2 CFR§200.333, 2 CFR §200.336, and FAA Order 5100.38 The contractor must maintain an acceptable cost accounting system. The contractor agrees toprovide the Sponsor,the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of makingaudit, examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. CIVIL RIGHTS—GENERAL Reference: 49 USC§47123 The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin,sex, age, or disability be excluded from participating in any activity conducted with or benefitingfrom Federal assistance. This provision binds the contractor and sub-tier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS—TITLE VI ASSURANCE Reference: 49 USC§47123 and FAA Order 1400.11 A) Title VI Solicitation Notice The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Actof 1964 (78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifiesall bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fairopportunity to submit bids in response to this invitation and will not be discriminated against onthe grounds of race, color, or national origin in consideration for an award. Page 1 of 11 Updated November 12, 2019 Page 429 of 545 B) Title VI Clauses for Compliance with Nondiscrimination Requirements During the performance of this contract,the contractor,for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees asfollows: 1) Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they maybe amended from time to time, which are herein incorporated by reference and made a part of this contract. 2) Non-discrimination:The contractor, with regard to the work performed by it during thecontract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers anyactivity, project, or program set forth in Appendix B of 49 CFR part 21. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work tobe performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of thecontractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4) Information and Reports:The contractor will provide all information and reports required by the Nondiscrimination Acts and Authorities, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance withsuch Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is inthe exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will setforth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but notlimited to: a. Withholding payments to the contractor under the contract until the contractorcomplies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6) Incorporation of Provisions:The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Nondiscrimination Acts and Authorities, and directives issued pursuant thereto. The contractorwill take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 2 of 11 Updated November 12, 2019 Page 430 of 545 C) Title VI List of Pertinent Nondiscrimination Authorities During the performance of this contract,the contractor,for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limitedto: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 2S2),(prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 3 of 11 Updated November 12, 2019 Page 431 of 545 DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR part 26 Contract Assurance(§26.13)-The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carryout applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment(§26.29)-The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty(30) calendar days fromthe receipt of each payment the prime contractor receives from the Sponsor. The prime contractoragrees further to return retainage payments to each subcontractor within thirty (30) calendar days afterthe subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non-DBE subcontractors. ENERGY CONSERVATION REQUIREMENTS Reference: 2 CFR§ 200,Appendix II (H) Contractor and each subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) Reference: 29 USC§ 201, et seq. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal Fair Labor Standards Act(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Wage and Hour Division. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference: 20 CFR part 1910 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. Page 4 of 11 Updated November 12, 2019 Page 432 of 545 RIGHT TO INVENTIONS Reference: 2 CFR§ 200 Appendix II (F) and 37 CFR §401 Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR§401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work. SEISMIC SAFETY Reference: 49 CFR part 41 In the performance of design services,the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard which provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services,the Consultant agrees to furnish the Owner a "certification of compliance"that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. TAX DELINQUENCY AND FELONCY CONVICTION Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76) and DOT Order 4200.6 Certification -The applicant represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Certification -The applicant represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction means a conviction within the preceding twenty four(24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Page 5 of 11 Updated November 12, 2019 Page 433 of 545 TRADE RESTRICTION CERTIFICATION Reference: 49 USC§ 50104 and 49 CFR part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror: a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S.firms as published by the Office of the United States Trade Representative (U.S.T.R.); b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S.firms as published by the U.S.T.R; and c) has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false,fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: a) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or b) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or c) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith,the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Page 6 of 11 Updated November 12, 2019 Page 434 of 545 VETERAN'S PREFERENCE Reference: 49 USC§47112(c) In the employment of labor(excluding executive, administrative, and supervisory positions),the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$3,500 DISTRACTED DRIVING Reference: Executive Order 13513 and DOT Order3902.10 In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009),the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decreasecrashes by distracted drivers, including policies to ban text messaging while driving when performingwork related to a grant or sub-grant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$10,000 TERMINATION OF CONTRACT Reference: 2 CFR§ 200 Appendix II (B) Termination for Convenience The Owner may, by written notice to the Consultant,terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner,the Contractor must immediately discontinue all services affected. Upon termination of the Agreement,the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Termination by Default Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement.The party initiating Page 7 of 11 Updated November 12, 2019 Page 435 of 545 the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement.The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner:The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1) Perform the services within the time specified in this contract or by Owner approved extension; 2) Make adequate progress so as to endanger satisfactory performance of the Project; 3) Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination,the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action,the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant:The Consultant may terminate this Agreement in whole or in part, if the Owner: 1) Defaults on its obligations under this Agreement; 2) Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3) Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of termination due to Owner breach,the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Page 8 of 11 Updated November 12, 2019 Page 436 of 545 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$25,000 DEBARMENT AND SUSPENSION Reference: 2 CFR part 180(Subpart C), 2 CFR part 1200, and DOT Order 4200.5 By submitting a bid/proposal under this solicitation,the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The successful bidder, by administering each lower tier subcontract that exceeds$25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1) Checking the System for Award Management at website: https://www.sam.gov. 2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror),above. 3) Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excludedor disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR§ 200 Appendix II (E) 1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may requireor involve the employment of laborers or mechanics shall require or permit any such laborer ormechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation ata rate not less than one and one-half times the basic rate of pay for all hours worked in excess offorty hours in such workweek. 2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract forthe District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3) Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any Page 9 of 11 Updated November 12, 2019 Page 437 of 545 other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor orlower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of thissection. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 31 U.S.C. § 1352—Byrd Anti-Lobbying Amendment; 2 CFR part 200,Appendix II (J); and 49 CFR part 20, AppendixA The bidder or offeror certifies by signing and submitting this bid or proposal,to the best of his orher knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed whenthis transaction was made or entered into. Submission of this certification is a prerequisite for makingor entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. P Page 10 of 11 Updated November 12, 2019 Page 438 of 545 ROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 BREACH OF CONTRACT TERMS Reference: 2 CFR§ 200 Appendix II (A) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessaryto enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to,and not a limitation of, any duties,obligations, rights and remedies otherwise imposed or available by law. CLEAN AIR AND WATER POLLUTION CONTROL Reference: 2 CFR§ 200 Appendix II (G) Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act(42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds $150,000. Page 11 of 11 Updated November 12, 2019 Page 439 of 545 CITY OF WATERLOO Council Communication Resolution awarding the bid to Cedar Valley Corp., LLC, of Waterloo, Iowa, in the amount of$4,116,725, approving contract, bond and certificate of insurance, in conjunction with Waterloo Regional Airport projects associated with FAA Grant No. 3-19-0094-046-2020, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/8/2020 Prepared: 8/21/2020 ATTACHMENTS: Description Type ❑ Cedar Valley Corp. Contract Backup Material ❑ Cedar Valley Corp. Certificate of Insurance Backup Material ❑ Title (Cover) Page and Page 5 of the Overall Project Backup Material Resolution awarding the bid to Cedar Valley Corp.. LLC, of Waterloo, Iowa, in the amount of$4,116,725, approving contract, bond and certificate SUBJECT: of insurance, in conjunction with Waterloo Regional Airport projects associated with FAA Grant No. 3-19-0094-046-2020, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Keith Kaspad Director of Aviation Recommended Action: Approve of the above request by Airport Staff. This work will provide for the needed reconstruction of aircraft movement Summary Statement: and non-movement areas (Taxiway Bravo and Charter Apron Area), along with misc. tree removal at the Waterloo Regional Airport. Total expected cost of all improvements via FAA Grant No:46, is expected Expenditure Required: to be: $4,855,854.00, with actual construction costs of this amount, expected to be $4,116,725.00. All funds, as of the date of this Council Request is expected to be funded at 100%by the FAA. There is a chance though, that one of two things could happen, as follows: 1. For FY's 2021 & 2022, we are required to provide the estimated 10% match at a combined $155,000 (+/-). If so, these matching funds would be derived from ALO's allocation of CARES Act funds; or, Source of Funds: 2. Due to the continued after effects of COVID to both the airline industry and airport community, whereby airports would not be able to provide the 10%match due to significant decreased numbers of passengers moving through the airports - and the resultant Passenger Facility Charge revenues associated with passenger enplanements, the FAA may, for one or maybe Page 440 of 545 both years, provide said 10% matching funds -thereby saving the Airport& City a total of approximately$155,000 of matching funds. This project complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No:2, and Strategy No:2.2, Goal No: 3, and Strategy No:3.3, 3.4 and 3.5. Goal No:4, and Strategy No:4.5. Alternative: No project alternatives were selected for this request by Staff. Note: This will be the second time that ALO has bid out the pavement reconstruction for the charter airline parking apron. When bid the first time, the cost was prohibitive, so we cancelled the work, to combine future FAA funding to complete this, and the work on Taxiway Bravo. Background Information: So, we played the waiting game, to preserve our annual funding and combine these project funds with Fiscal Years 2018/2019 & 2020. Thereby, the FAA announced earlier this year, that any grants issued during FY-2020 would be funding at 100%. That decision allowed ALO to save approximately$300,000+ in annual 10% matching funds for the three years we banked out entitlement funds. Legal Descriptions: Not applicable for this request by Staff. Page 441 of 545 CONTRACT FOR IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT CONSISTING OF RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 FAA AIP 3-19-0094-0047-2020 RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL APRON FAA AIP 3-19-0094-0046-2020 REMOVE TREES FAA AIP 3-19-0094-0047-2020 AT THE WATERLOO REGIONAL AIRPORT WATERLOO,IOWA THIS AGREEMENT,made and entered into this day of ,20_,by and between the Waterloo Regional Airport for the City of Waterloo,Black Hawk County.Iowa,hereinafter referred to as the "Owner"and_ CEDAR VALLEY CORPORATION,LLC (a corporation organized and existing under the laws of the State of Iowa � (a partnership consisting of ) (an individual trading as )of Black Hawk County.in the State of Iowa hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and inconsideration of($4,116,725.00),based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract,hereby agrees to construct in accordance with the Plans, Specifications and Special Provisions therefore,and in the location designated on the Plans,the various items of work awarded said Contractor on the day of .20 as follows,being numbered as shown in schedule of prices bid in the attached Proposal which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation,Waterloo,Iowa,under date of ,20_. 1. That in consideration of the foregoing,the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, Special Provisions and Contract Documents in order that he might become famil iar with the character,quality and quantity of the work to be performed,the materials to be furnished and the requirements of the Specifications, Special Provisions and Contract Documents. 4. It is hereby further agreed that any reference herein to the"Contract"shall include all"Contract Documents"for the Waterloo Regional Airport,FAA Project Nos.3-19-0094-0046 and 0047-2020 and said"Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein,and that this contract is limited to the items in the proposal as signed by the "Contractor"and included in the"Contract Documents." 5. That in the event any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Owner,or if any such surety shall fail to furnish reports as to his financial condition from time to time as requested by the Owner,the Contractor agrees to furnish promptly such additional security as may be required from time to time to protect the interests of the Owner or of persons supplying labor or materials in the prosecution of the work contemplated by the Contract. FAA AIP#3-19-0094-0046 and 0047-2020 C-1 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 442 of 545 6. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 7. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. 8. That the Contractor,at all times,shall observe and comply with all federal,state,territory or possession and local laws,codes,ordinances and regulations in any manner affecting the conduct of the work,and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers,Engineer,agents and servants against claims or liability arising from or based on the violation of any such law,ordinance,deregulation,order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after"Notice to Proceed"and shall be completed according to the terms of the entire contract within one hundred-fifty(154)calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of$500.00 per calendar day for each day in excess of the authorized contract time. In addition,the Runway 18/36 closure for Phase 2 work shall be limited to thirty(30)calendar days. Failure to complete Phase 2 work and re-open Runway 18/36 to traffic within the allotted time will result in assessment of liquidated damages in the amount of$1,000 per calendar day for each day in excess of the thirty(30)calendar days allotted in the contract. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly,in place of requiring such proof,the Contractor expressly agrees to pay the Owner as liquidated damages the non-penal sum of 5QQ.,QQ per day for each calendar day required in excess of the authorized Contract Time for the overall contract. Furthermore,the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor,the amount of said liquidated damages; b. the Owner has the right to recover the amount of said liquidated damages from the Contractor,Surety,or both. 11. The Contractor understands and agrees that all certifications made by the Contractor within the Proposal shall apply under this Agreement as if fully rewritten herein. The Contractor further certifies the following: a. Certification_ofE_ligib_iliU (29 CFR Part 5.5) (1) By Entering into this contract,the Contractor certifies that neither he or she nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1); (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1); (3) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C. b. Certification of Non-Segregated Facilities(41 CFR Part 60-1.8) The federally-assisted construction Contractor,certifies that it does not maintain or provide,for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location,under its control,where segregated facilities are maintained. The Bidder certifies that it will not maintain or provide,for its employees,segregated facilities at any of its establishments and that it will not permit its employees to perform their services at any location under its control where segregated FAA AIP#3-19-0094-0046 and 0047-2020 C-2 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 443 of 545 facilities are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Clause,which is to be incorporated in the contract. As used in this certification,the term"segregated facilities"means any waiting rooms,work areas,restrooms, and washrooms, restaurants and other eating areas,timeclocks, locker rooms and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated on the basis of race,color,religion,or national origin because of habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods)it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain such certifications in its files. 12. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to property or individuals by said Contractor or his workmen,or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 13. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport,City of Waterloo,Iowa,which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten(10)days'notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction,but such suit may be brought in the District Court of Black Hawk County,Iowa. IN WITNESS WHEREOF,the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor,as of the day of ,20—. CITY OF WATERLOO By Mayor ATTEST: Secretary CONTRACTOR CEPA VALLEY CORPORATION!,LLC Firm Name AAA"— Signature President Title 2637 Wagner Road, Waterloo, IA 50703 Business Address Wi ess Witness FAA AIP#3-19-0094-0046 and 0047-2020 C-3 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 444 of 545 i Bond No.:190042008 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Cedar Valley Corp.,LLC _ ,as PRINCIPAL,also referred to as CONTRACTOR,and Liberty Mutual Insurance Company as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane,Waterloo,Iowa 50703 as OWNER,in the full sum of Four Million One Hundred Sixteen Thousand Seven Hundred Twenty Five&00/1000 4.116.725.00 ) for the payment of which,well and truly to be made,we bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally,by these presents. WHEREAS,the above-bound Principal has entered into a contract with the OWNER dated the day of_ 2020,to Reconstruct Taxiway B South of Runway 18/36; Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron;and Remove Tress--FAA AIP 3-19-0094-0046 and 0047-2020,including: • FAA AIP 3-19-0094-0046-2020 Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron consists of reconstruction of West Terminal Apron, including removal of the existing bituminous apron pavement ranging in thickness from eight (8) to twelve and one-half(12 1/2) inches in thickness; removal and replacement of the existing base and subbase materials;installation of approximately 1,000 tons of bituminous base course; installation of approximately 3,400 square yards of 12-inch thick Portland Cement Concrete Pavement; reconstruction and installation of three (3) storm sewer structures; and Add Alternate Bid Option for joint cleaning/sealing. • FAA AIP 3-19-0094-0047-2020 Reconstruct Taxiway B South of Runway 18/36 and Remove Trees consists of reconstruction of Taxiway B South of Runway 18/36 with 8-inch Portland Cement Concrete Pavement;removal and replacement of Taxiway B Medium Intensity Edge Lights,wiring and conduit, and replacement with new LED Medium Intensity Taxiway Edge Lights,new conduit and wiring,and LED Guidance Signage;removal of existing subdrain system and installation of new system;pavement marking for Taxiway B; and clearing of trees north of Runway 18/36 and clearing and grubbing of trees west of Runway 18/36. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW,THEREFORE,the conditions of this obligation are such that if the above-bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract,including,but not limited to,any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract,and such alternations or additions as may be made therein or in the plans and specifications,and shall indemnify and save the OWNER harmless against any claims for using any form of material, process,composition or anything which is patented,and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence,want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract,and shall comply with all laws pertaining to said work,and shall comply with and perform any and all warranties and/or guarantees provided for in said contact,then this obligation shall be void;otherwise of full force and effect. PROVIDED,further than upon either the default of the PRINCIPAL,or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense,pursuant to its terms,receiving,however,any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten(10)days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly,time being of the essence. In said notice of election,the SURETY shall indicate the date on which the remedy or performance will commence,and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of(a)the remedy and/or correction of each default,(b)the remedy and/or correction of each item of condemned work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. FAA AIP#3-19-0094-0046 and 0047-2020 C-4 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 445 of 545 In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided,then the OWNER shall cause ten(10)days notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract,the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated,the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. Upon completion of said Contract pursuant to its terms,if any funds remain due on said Contract,the same shall be paid to said PRINCIPAL and SURETY. The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including,but not limited to,all repair and replacement costs necessary to rectify construction error,architectural and engineering costs and fees, all(but not limited to)consultant fees,all testing and laboratory fees,and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER,upon any disputed question connected with the execution of said Contract,or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY,shall be final and conclusive. The SURETY agrees that,other than as is provided in this bond,it may not demand of the OWNER the OWNER shall (a)perform any thing or act,(b)give any notice,(c)furnish any clerical assistance,(d)render any service,(3)furnish any papers or documents,or(f)take any other action of any nature or description which is not required of the OWNER to be done under the contract documents. IN WITNESS WHEREOF,the SURETY and PRINCIPAL have executed this instrument under their several seals this day of ,2020,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. FAA AIP#3-19-0094-0046 and 0047-2020 C-5 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 446 of 545 IN THE PRESENCE OF: PRIN 1 AL: Ced Va a orp.,LLC fitness QOL S ,�p,n� BY: SU ; LibertyJMut nprance Company Witness Stacy e By: Dione R.Young,Attorn -in-Fact NOTE: (a) Where the Performance Bond is executed by an attorney-in-fact,there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution(which may be combined with the corporate resolution granting the signing officer authority to execute contracts)granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State of Iowa. FAA AIP#3-19-0094-0046 and 0047-2020 C-6 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 447 of 545 Bond No.:190042008 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Ced r V ile Corp_LLC . as PRINCIPAL,also referred to as CONTRACTOR,and_Liberty Mutual Insurance Company as SURETY,are held and firmly bound unto Waterloo Regional Airport,2790 Livingston Lane,Waterloo, Iowa 50703 as OWNER,in the full sum of *** (SM 16.726.00 _ ), for the use and protection of said OWNER and all subcontractors and all persons supplying labor,materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to,for the payment of which,well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,by these presents. ***Four Million One Hundred Sixteen Thousand Seven Hundred Twenty Five&001100 WHEREAS,the above-bound Principal has entered into a contract with the OWNER dated the day of ,2020,to Reconstruct Taxiway B South of Runway 18/36;Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron;and Remove Trees--FAA AIP 3-19-0094- 0046 and 0047-2020,including: • FAA AIP 3-19-0094-0046-2020 Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron consists of reconstruction of West Terminal Apron,including removal of the existing bituminous apron pavement ranging in thickness from eight(8) to twelve and one-half(12 1/2) inches in thickness; removal and replacement of the existing base and subbase materials;installation of approximately 1,000 tons of bituminous base course; installation of approximately 3,400 square yards of 12-inch thick Portland Cement Concrete Pavement; reconstruction and installation of three (3) storm sewer structures; and Add Alternate Bid Option for joint cleaning/sealing. • FAA AIP 3-19-0094-0047-2020 Reconstruct Taxiway B South of Runway 18/36 and Remove Trees consists of reconstruction of Taxiway B South of Runway 18/36 with 8-inch Portland Cement Concrete Pavement;removal and replacement of Taxiway B Medium Intensity Edge Lights,wiring and conduit, and replacement with new LED Medium Intensity Taxiway Edge Lights,new conduit and wiring,and LED Guidance Signage;removal of existing subdrain system and installation of new system;pavement marking for Taxiway B; and clearing of trees north of Runway 18/36 and clearing and grubbing of trees west of Runway 18/36. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW,THEREFORE,the condition of this obligation is such that if the above-bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract,then this obligation shall be void;otherwise,it shall remain in full force and effect,subject, however,to the following conditions: 1. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time,alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder,or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond,and it does hereby waive notice of any such change or changes,extension of time or extensions of time,alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor,materials,machinery,or equipment in the prosecution of the work provided for in said contract. Signed and sealed this day of ,2020. FAA AIP#3-19-0094-0046 and 0047-2020 C-7 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 448 of 545 IN THE PRESENCE OF: PRI '4A-Lclely Corp.,LLC Witnessy�S T��G i%tS CLC V-SO14, SURETY:LibertyN1utu nsurance Company r Witness Stac Ve n By:Dione R.Young,Attorney-in-Fact NOTE: (a) Where the Payment Bond is executed by an attorney-in-fact,there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution(which may be combined with the corporate resolution granting the signing officer authority to execute contracts)granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State of Iowa. HOLMES MURPHY. IMPORTANT Enclosed bond and power of attorney forms are not dated. Date of the bond cannot be prior to the date of the Contract. Please be sure to complete the forms using the date of the Contract when that is determined. Thank you. FAA AIP#3-19-0094-0046 and 0047-2020 C-8 Waterloo Regional Airport AECOM Project#60525545 FY 2020 FAA AIP Projects Page 449 of 545 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for mortgage,note,loan,letter of credit,bank deposit,currency rate,interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organlzed under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Craig E.Hansen,Jay D.Frelennulh,Brian M.Deimerly,Cindy Bennett,Anne Crowner,Stacy Venn,Tim McCulloh,Shirley S.Bartenhaeen.Dione R.Young of the city of West Des Moines,state of Iowa its true and lawful attomey-in-fact,with full power and authority hereby conferred to sign,execute and acknowledge the following surety bond: Principal Name: Cedar Valley Corp.,LLC Obligee Name: Waterloo Regional Airport Surety Bond Number: 190042008 Bond Amount:$4,116,725.00 IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of March,2017. i1%%KSu0?.4 The Ohio �Casualty Company a 11 ny ti 1 Vigo +0. 6RceLiberty Mutual Insurance Company CS � WePArnerican Insurance Company ° 1919 1991 F1912 ny�A%T r By. * * * David ME.Carey,Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 30th day of March,2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. PA COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Paslella,Notary Public B �i lumpy per MerionTwp.,Montgomery County y Teresa Pastella, Dior Public nT Commission Expires March 28,2021 y 4f?y LrA Member,Pennsylvania Association of Notaries This Power of Attorn- Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE XIII—Execution of Contracts—SECTION 5. Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys- in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and al l undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 2020 �04SUR P�iY iNSV PXINSURR T4, �.�3 PPL7Rq Oft, 4•�` Q Q7�ti{'l� 1912 r 1919 ° 1991 F By: q o ha y nOReMbe C.Lle%UliAssislant SKmtary N_ �y yyAAW' " Page 450 of 545 EXHIBIT REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 PROPOSAL FORM FOR RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 FAA AIP 3-19-0094-0047-2020 RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL APRON FAA AIP 3-19-0094-0046-2020 REMOVE TREES FAA AIP 3-19-0094-0047-2020 AT THE WATERLOO REGIONAL AIRPORT WATERLOO,IOWA Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Gentlemen: I. The undersigned,being a Corporation existing under the laws of the State of 1 wa a Partnership consisting of the following partners: _.having familiarized(himself)(themselves)(itself) with the existing conditions on the project area affecting the cost of the work,and with all the contract documents listed in the Table of Contents and Addenda(if any),as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk,City Hall,Waterloo,Iowa,hereby proposes to furnish al I supervision,technical personnel,labor, materials,machinery,tools,appurtenances,equipment,and services,including utility and transportation services required to construct and complete this Reconstruct Taxiway B South of Runway 18/36;Reconstruct West Terminal Apron and Clean/Reseal Joint East Terminal Apron;and Remove Trees—FAA AIP 3-19-0094-0046 and 0047-2020,all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: 2. The extent of the work involved is as follows: • FAA AIP 3-19-0094-0046-2020 Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron consists of reconstruction of Wcst Terminal Apron,including removal of the existing bituminous apron pavement ranging in thickness from ten(10)to twelve and one-half(12 1/2)inches in thickness;removal and replacement of the existing base and subbase materials; installation ofcemcnt treated permeable base course; installation of approximately 3,400 square yards of 12 '/x-inch thick Portland Cement Concrete Pavement; reconstruction and installation of three(3)storm sewer structures;and Add Alternate Bid Option for joint cleaning/sealing. • FAA AIP 3-19-0094-0047-2020 Reconstruct Taxiway B South of Runway 18/36 and Remove Trees consists of reconstruction of Taxiway B South of Runway 18/36 with 13-inch Portland Cement Concrete Pavement; removal and replacement of Taxiway B Medium Intensity Edge Lights,wiring and conduit,and replacement with new LED Medium Intensity Taxiway Edge Lights,new conduit and wiring,and LED Guidance Signage; removal of existing subdrain system and installation of new system; pavement marking for Taxiway B; reconstruction of Taxiway C south of Runway 12/30;and clearing and grubbing oftrees north of Runway 18/36 and clearing and grubbing of trees west of Runway 18136. 3. The undersigned,in compliance with your Invitation for Bids dated_5 -2 ,hereby proposes to do the work called for in said Contract and Specifications and shown on said flans and Addendum Nos. 1'6- -9 - - and to fumish all materials,tools,labor and all appliances and appurtenances necessary for the said work at the following rates and prices: FAA AIP 3-19.0094-0046 and 0047-2020 P-1 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 451 of 545 i REVISED PER ADDENDUM NO, 1 JUNE 8, 2020 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO,IOWA PROJECT: • RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 • RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL APRON • REMOVE TREES FAA AIP PROJECT Nos.3-19-0094-0046 and 0047-2020 ITEM! SPEC. ESTIMATED I UNIT BID TOTAL BID NO. NO. DESCRIPTION UNIT QUANTITY PRICE PRICE BID PACKAGE#1-RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL 1 C-105 MOBILIZATION LS 1 $ $ 2 GP 40-05 TRAFFIC CONTROL _+_LS 1 $ $ 3 GP 50-07 CONSTRUCTION SURVEY LS I $ $ 4 P-101-5.1 PAVEMENT REMOVAL SY 3,400 $ $ 5 PLANS REMOVAL OF STRUCTURE EA I $ $ 6 P-152-4.1 UNCLASSIFIED EXCAVATION CY 1,700 $ $ 7 P-154-5.1 SUBBASE COURSE CY 690 $ $ 8 P-209-5.1 CRUSHED AGGREGATE BASE SY 3,400 $ COURSE;-6 INCH $ 9 P-307-7.1 CEMENT TREATED PERMEABLE BASE COURSE SY 2,440 $ $ 10P-501-8.16 10.0-INCH PORTLAND CEMENT SI, 960 $ $ CONCRETE PAVEMENT I 1 P-501-8.1c 12.5-INCH PORTLAND CEMENT SY 2,440 $ $ CONCRETE PAVEMENT 12 P-620-5,2b RUNWAY AND TAXIWAY MARKING SF 3,675 $ $ 13 P-620-53c REFLECTIVE MEDIA(TYPE 1, LB 260 $ $ GRADA7'!ON A 14 PLANTS TIEDOWN ANCHORS IN NEW PAVEMENT ESF JE 20 $ $ IS PLANS AIRCRAFT TIEDOWN ANCHORS IN 10 $ $ EXISTING PAVEMENT 4-INCH PERFORATED SUBDRAIN 16 D-705-5.1 (SDR 35)COMPLETE INCLUDING LFT 270 $ $ POROUS BACKFILL AND FILTER FABRIC 17 D-705-5.2 4-INCH NON-PERFORATED JEA 165 $ $ SUBDRAIN SDR 35 18 D-705-5.5 SUBDRAIN CLEANOUT 3 $ $ 19 PLANS CATCH BASIN,ADJUSTMENT 2 $ $ 20 D-751-5.1 CATCH BASIN 2 $ $ SUBTOTAL , $ '40 Alternate Bid 1 GP 40-05 TRAFFIC CONTROL LS 1 $ $ 2 P-101-5.2 SAW AND SEAL JOINTS LFT 4,950 $ $ SUBTOTAL $ as 36,00 FAA AIP 3-19-0094.0046 and 0047-2020 P-2 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 452 of 545 REVISED PER ADDENDUM NO, 1 JUNE 8,2020 ITEM SPEC. ESTIMATED I UNIT BID TOTAL BID NO. NO, DESCRIPTION UNIT QUANTITY PRICE PRICE TOTAL BID PACKAGE#1 3 11 BID PACKAGE#2-RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 AND REMOVE TREES I C-105 MOBILIZATION LS I $ $ 2 GP 40-05 TRAFFIC CONTROL LS I $ $ 3 GP 50-07 CONSTRUCTION SURVEY LS 1 $ $ 4 PLANS CONSTRUCTION BARRICADES LS I $ $ 5 C-102-5,1e INSTALLATION AND REMOVAL OF LF 6,500 $ $ SILT FENCE 6 C-102-5.11' INSTALLATION AND REMOVAL OF EA 10 $ $ INLET PROTECTION 7 P-101-5.1 PAVEMENT REMOVAL SY 25,440 $ $ 8 P-101-5.6 COLD MILLING SY 220 $ $ 9 P-151-4.1 CLEARING ACRE 6 $ $ 10 P-151-4.2 CLEARING AND GRUBBING ACRE 21 $ $ 11 P-152-4.1 UNCLASSIFIED EXCAVATION Cy 3,000 $ $ 12 P-154-5.1 SUBBASE COURSE CY 1,250 $ $ 13 P-209-5.1 CRUSHED AGGREGATE BASE-6- INCH SY 3,400 $ $ 14 P-307-8.1 CEMENT TREATED PERMEABLE SY 20,940 $ BASE COURSE $ 15 P-501-8,1 8,0 INCH PORTLAND CEMENT SY 1,070 $ CONCRETE PAVEMENT $ 16 13-501-8.1 13.0 INCH PORTLAND CEMENT SY 18,500 $ $ CONCRETE PAVEMENT 17 P-620-5.2b RUNWAY AND TAXIWAY MARKING SF 10,200 $ $ I S P 620-5.3c REFLECTIVE MEDIA(TYPE 1, LB 225 $ $ GRADATION A) 6-INCH PERFORATED SUBDRAIN 19 D-705-5.3 (SDR 35)COMPLETE INCLUDING LFT 6,380 $ $ POROUS BACKFILL AND FILTER FABRIC 20 D-705-5.4 6-INCH NON-PERFORATED LFT 200 $ SUBDRAIN(SDR 35) $ 21 D-705-5.5 SUBDRAIN CLEANOUT EA 21 $ $ 22 D-751-5.1 CATCH BASIN EA 6 $ $ FAA AIP 3-19-0094-0046 and 0047-2020 P-3 Waterloo Regional Airport AECOM Project 460625545 FY 2020 FAA A(P Projects Page 453 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 ITEM SPEC. ESTIMATED UNIT BID TOTAL BID NO. NO. DESCRIPTION UNIT QUANTITY PRICE PRICE 23 T-901-5.1 SEEDING AC 30 $ $ TOPSOIL(OBTAINED ON SITE OR 24 T-905-5.1 REMOVED FROM STOCKPILE)- CY 790 $ $ TAXIWAY B 25 T-908-5.1 MULCHING AC 30 $ $ NO.8 AWG,5KV,L-824,TYPE C 26 L-108-5.1 CABLE,INSTALLED IN TRENCH, LF 10,500 $ $ DUCT BANK OR CONDUIT NO.6 AWG,5KV,L-824,'TYPE C 27 L-108-5.2 CABLE,INSTALLED IN TRENCH, LF 100 $ $ DUCTBANK OR CONDUIT. NO.6 AWG,BARE COPPER COUNTERPOISE WIRE,INSTALLED 28 L-108-5.3 IN TRENCH,ABOVE TI IE DUCT LF 7,700 $ $ BANK OR CONDUIT,INCLUDING GROUND RODS AND GROUND CONNECTORS CONCRETE ENCASED ELECTRICAL 29 L-110-5.1 DUCT BACK,4-WAY,4-INCH LF 160 $ $ SCHEDULE 40 PVC 30 L-110-5.3 NON-ENCASED ELECTRICAL LF 7,700 $ $ CONDUIT,2-INCH SCHEDULE 40 PVC 31 L-115-5.4 ELECTRICAL HANDHOLE,L-868 EA 4 $ $ 32 L-115-5.4 2 LECTRICAL HANDHOLE,2'0"BY EA 6 $ $ 33 L-125-5.1 L--966IT(LED)TAXIWAY EDGE LIGHT- EA 65 $ $ ED 34 L-125-5.4 AIRFIELD GUIDANCE SIGN,SIZE I, EA 6 $ $ LED, I (ONE)MODULE 35 L-125-5.4 AIRFIELD GUIDANCE SIGN,SIZE 1, EA 2 $ $ LED,2(TWO)MODULE 36 L-125-5.4 AIRFIELD GUIDANCE SIGN,S[ZE 3, EA 1 $ $ LED, I (ONE)MODULE 37 L-125-5.4 AIRFIELD GUIDANCE SIGN,SIZE 1, EA 2 $ $ LED,3(THREE)MODULE 38 L-125-5.5 L-804(LED)RUNWAY GUARD L[GHT EA 2 $ $ 39 L-125-5.6 REMOVE DUCT BANK LF 700 $ $ 40 L-125-5.7 REMOVE TAXIWAY EDGE LIGHT EA 68 $ $ 41 L-125-5.7 REMOVE ELECTRICAL HANDHOLE EA 12 $ $ 42 L-125-5.8 REMOVE AIRFIELD GUIDANCE SIGN EA 19 $ $ FAA AIP 3-19-0094-0046 and 0047-2020 P-4 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 454 of 545 REVISED PER ADDENDUM NO 1 JUNE 8, 2020 ITEM SPEC. ESTIMATED UNIT BID TOTAL BID NO, NO. DESCRIPTION UNIT 2UANTITY PRICE PRICE 43 P401 ASPHALT SURFACE COURSE TON 28 $ $ 44 P-603 EMULSIFIED ASPHALT TACK COAT GAL 30 $ $ 45 D-701 10"CLASS III,REINFORCED LF 503 $ $ CONCRETE PIPE TOTAL BID PACKAGE#2 S TOT L BID—BID PACKAGE 91 PLUS lilb n A CKAGE#2 S 4. €t is the Airport's intention to evaluate bids reviewing both the Base Bid and Add Alternate Bid. The Airport 35has limited funds available and will award only what funding allows. The Airport reserves the right to award the36 contract based on the Base Sid only or the Base Bid plus Add Alternate Bid Option. 5. The undersigned understands that the above quantities of work to be done are approximate only and are 2intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 6. It is understood that the schedule ofminimum wage rates,as established by the Secretary of Labor and included in the 5pecilicat€ons,are to govern on this project,and the undersigned certifies that he has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 7. The bidder shall make good faith efforts,as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary orTransportation,to subcontrdet seven and eighty-two hundredths(7.82%)percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals(DBE). Individuals who are rebuttaNy presumed to be socially and economically disadvantaged include women,Blacks, Hispanics,Nativc Americans,Asian- Pacific Americans,and Asian-Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE's that will participate in the Contract. The information will include the name and address of each DBE,a description of the work to be performed by each named firm,and the dollar value of the contract, If the bidder fails to achieve the contract goal stated herein,it will be required to provide documentation demonstrating that it made gond faith efforts in attempting to do so. In the event that the apparent successful competitor for this solicitation qualified as a DBE,the contract goal shall be deemed to have been met. A bid that fails to meet these requirements will be considered nonresponsive. 8. The undersigned certi[ies that he does not maintain or provide far his employees any segregated faci€itics at any of tris establishments,and that he does not permit his employees to perform their services at any location,under his control, where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any orhisestablishments,and that he will not permit his employees to perform their services at any location,under his control,where segregated facilities are maintained. The undersigned agrees that a breach of this certi ficat ion 1s a violation of the equal opportunity clause in Ihis contract. As used in this certification,the term"segregated facilities"means any waiting roams, work areas,res irooms and washrooms,restaurants and other eating areas,tlMCC l0eks,locker rooms and other storage or dressing areas,parking lots,drinking Fountains,recreation or entertainment areas,transportation,and housing favi€ities provided for employees which are seg regaled by explicit directive or are in fact segregated on the basis of race,color,religion,or national origin,because of habit,local custom,or ally other reason. The undersigned agrees that(except where he has obtained identical certifications from proposed subcontractors for specific time periods)he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000%which are not exempt from the pro vis':ons ofthe equal opportunity clause,and that he will retain such certifications in his files. 9. The undersigned agrees, upon written notice of the acceptance of this bid,within ninety (90)days after the opening ofthe bids,that he will execute the Contract in accardance with the bid as accepted andgive Contract FAA A1P 3-19-0094-0046 and 0047-2020 P-5 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA A1P Projects Page 455 of 545 REVISED PER ADDENDUM NO, 1 JUNE 8,2020 (Performance and Payment) bond on attached forms within fifteen (15)days after the prescribed forms are presented for signature. 10. The undersigned understands,award of contract is contingent upon receipt of project Funding from the Federal Aviation Administration. If funding is not received,bid bonds will be returned to all bidders and the project will be postponed. It, The undersigned further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within sixty-five(65)calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 12. The undersigned agrees that within 30 days after award of this contract,the Contractor/Subcontractor shall file a compliance report(Standard Form 100) if s/he has not submitted a complete compliance report within 12 months proceeding the date of award. This report is required i f the Contractor/Subcontractor meets all of the following conditions: a. Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5. b. Has 50 or more employees. c. Is a prime contractor or first tier subcontractor. d. There is a contract,subcontract,or purchase ordenamounting to$50,000 or more. 13. To satisfy Clear Air and Water Pollution Control Requirements on all Construction Contracts and Subcontracts exceeding$100,000.00 Contractors and Subcontractors agree: a, That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection Agency(EPA)List of Violating Facilities. b. To comply with all the requirements of Section 306 of the Clean Air Act(42 USC 1857(h)),and Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Regulations(40 CFR Part(15)). c. That as a condition For award of a Contract he shall notify the awarding official of the receipt of any communication from EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include or cause to be included in any Contract or Subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. 14. The contractor, by submission of this offer and/or execution of a contract,certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S, firms published by the Office of the United States trade Representative(USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list,or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c, has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. FAA A1P 3-19-0094-0046 and 0047-2020 P-6 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 456 of 545 REVISED PER ADDENDUM NO, 1 JUNE 8, 2020 Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17,no contract shal I be awarded to a contractor or subcontractor who is unable to certify to the above, I f the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further,the contractor agrees that,if awarded a contract resulting from this solicitation,it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances.The subcontractor agrees to provide immediate written notice to the contractor,if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. Ifit is later determined that the contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration may direct,through the sponsor,cancellation ofthe contract orsubcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concems a matter within the jurisdiction of an agency ofthe United States of America and the making ofa false,fictitious,or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code,Section 1001. 15. The bidder/offeror certifies,by submission of this proposal or acceptance ofthis contract,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement,it shall attach an explanation to this solicitation/proposal. 16. As an evidence of good faith in submitting this Proposal,the undersigned encloses bid security in the amount of five(5)percent of the bid which,in case he refuses or fails to accept an award and to enter into a Contract and file the required bonds within the prescribed time, shall be forfeited to the Waterloo Regional Airport as liquidated damages. 17. By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 18. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 19. The undersigned hereby declares that the only parties interested in this Proposal are named herein,that this Proposal is made without collusion with any other person,firm or corporation,that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo,Iowa,is directly or indirectly financially interested in this bid. 20. In submitting this bid,it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of ninety(90)days from the opening thereof. FAA A]P 3-19-0094-0046 and 0047-2020 P-7 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA A1P Projects Page 457 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 21. Contractor certifies that all employees employed by Contractor or any subcontractor working on behalf of the Contractor are in compliance with the Immigration Reform Control Act of 1986(IRCA)and indemnifies the Owner and holds harmless Owner for any violations of IRCA as a result of the Contractor's employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 22. The undersigned certifies,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a member of Congress in Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal grant,the Contractor shall complete and submit Standard Form-LLL,"Disclosure of Lobby Activities",in accordance with its instructions. c. The Undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$200,000 for each such failure. 23. BUY AMERICAN CERTIFICATE(Title 49 U.S.C.Chapter 501) As a condition of bid responsiveness, the bidder must how it intend to comply with the Buy American preferences established under Title 49 U.S.C.Section 50101.Bidder must complete the attached Buy American certification.if the bidder requests a permissible waiver to the Buy America requirements,the Bidder identified as with the successful bid must submit a formal waiver request and component cost calculation within the prescribed time identified on the Buy America certification. 24. Drug Free Work Place,Act of 1988. a. By submission of this offer,the offeror,if other than an individual,who is making an offer that equals or exceeds $25,000,certifies and agrees that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation,it wil I--no later than 30 calendar days after contract award (unless a longer period is agreed to in writing, for contracts of 30 calendar days or more performance duration;)or as soon as possible for contracts of less than 30 calendar days performance duration,but in any case,by a date prior to when performance is expected to be completed-- (1) Publish a statement notifying such employees that the unlawful manufacturer, distribution, dispensing,possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an on-going drug-free awareness program to inform such employees about-- (a) The dangers of drug abuse in the workplace; (b) The Contractor's policy of maintaining a drug-free workplace; (c) Any available drug counseling,rehabilitation,and employee assistance programs;and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FAA AIP 3-19-0094-0046 and 0047-2020 P-8 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 458 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph a.(1)of this provision; (4) Notify such employees in writing in the statement required by subparagraph a.(l)of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will-- (a) Abide by the terms of the statement;and (b) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; (5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision a.(4)(b)of this provision,from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;and (6) Within 30 calendar days after receiving notice under subdivision a.(4)(b) of this provision of a conviction,take one of the following actions with respect to any employee who is convicted ofa drug abuse violation occurring in the workplace; (a) Take appropriate personnel action against such employee,up to and including termination;or (b) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs a,(I)through a.(6)of this provision. b. By submission of its offer,the offeror,i fan individual who is making an offer of any dollar value,certifies and agrees that other offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. c. Failure of the offeror to provide the certification required by paragraphs a.or b,of this provision,renders the offeror unqualified and ineligible for award. [See FAR 9.104-1(g)and 19.602-1 a.(2)(a)]. d. In addition to other remedies available to the Government,the certification in paragraphs a.or b.of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious,or fraudulent certification may render the maker subject to prosecution under title 18, United States Code,Section 1001. 25. Attachment to This Bid. The following documents are attached to and made apart of this Bid: a. Bid Guaranty in the form of Brd Bond 5% b. Non-Collusion Affidavit of Prime Bidder. c. Statement of Intent_Non-Discrimination and Equal Opportunity Statement. d. Buy American Certification Statement. e. Bidders Information Sheet. f. Synopsis of Experience Record. (IDOT Certification may be substituted.) g. Completed DBE forms"Utilization Statement"and"Letter of Intent." FAA AIP 3-19-0094-0046 and 0047.2020 P-9 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 459 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 26. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual,Sole Proprietorship ❑ Partnership ® Corporation ❑ Joint-venture: all parties must join-in and execute all documents ❑ Other Respectfully submitted, Bidde edar Valle Cor L By — Wilhum L' Ca dCnMUP Signature Senlar Vice P1egident _ Title 2637 Wagner Road Address IYa1c,riou JA 50703 (include Zip Code) 319-235-9537 Telephone No. FAA AIP 3-19-0094-0046 and 0047-2020 P-10 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 460 of 545 REVISED PER ADDENDUM NO, 1 JUNE 8, 2020 NON-COL LUSION AFFIDAVIT 0F"PRIME BIDDE State of Tow. � ) )ss County ofBiack hawk ) Wr I jiun-c-i_al drrvuj,,r ,being First duly sworn,deposes and says that: (1) He is Owner Partner,Officer,Rgpresentative.orAgent) of the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees orparties in interest,including this affiant,has in any way colluded,conspired,connived or agreed,directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached bid or of any other Bidder,or,to fix any overhead,profit or cost element ofthe bid price or the bid price of any other Bidder,or to secure through any collusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo, Iowa,or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy,connivance or unlawful agreement on the part of the Bidder or any of its agents,represent Ives,owners, employees,or parties in interest,including this affiant. (Signed) Li s drn Title Subscribed and sworn to before me this day of 200 r Title My Commission Expires ,2q�& O FAA AIP 3-19-0094-0046 and 0047-2020 P-12 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 461 of 545 REVISED PER ADDENDUM NO. 1 JUNE B. 2020 D1QN-C0LLUSION AFFIDAVIT QI7j�ML)ISITRACI O (To Be Submitted After Bid But Prior to Award) Stateof!ow G �] )ss County of r U being first duly sworn,deposes and saysthat; r —K q8PAII • (1) He is QA'Lor'Pa n O t ger.Re r ge tt tic t of ,the Bidder that has submitted the attached Bid: (2) He isfully informed respecting the preparation and contents ofthe attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affiant,has in any way colluded,conspired,connived or agreed,directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached bid or of any other Bidder,or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder,or to secure through any collusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, p, ent tives,owners,employees,or parties in interest,including this affiant. (Signed) Title +v` Subscribed and sworn to before me this Z- day of 20?-P Title ^-- �pg+Acs APRIL ESTREM My Commission Expires Tl 20L3 : Cammissian Number 794817 My Carrlrn18slon Expirea +Own June 27,2023 TAA AIP 3.19-0094-0046 and 0047-2020 P-13 Waterloo Regional Airport AE COM Project#60625545 TY 2020 TAA All'Projects I Page 462 of 545' NON-COLLUSION AFFIDAVIT OF SUBCONTIItACTOR (To Be Submitted After Bid But Prior to Award) State of '!U) 1 G {� County of G 1Z U NN )ss) U'Lyl� fit t siby)Lr being first duly sworn,deposes and says that: (1) He is (OxtnrL r.Office Renresentalive.or Ag of the der that has submitted the attached Bid: (2) He is fully infortned respecting the preparation and contents of the allached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affiant,has in any way colluded,conspired,connived or agreed,directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached bid or of any other Bidder,or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder,or to secure through any collusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives,owners,employees,or parties in interest,including this affiant. (Signed), Title S Subscribed and sworn to before me this day of 20,,ID Title My Commission Expires,_ _, 20D- .'^z.P JENNIFER R WISSLER i ,PCornrnu,ion Number 761292 My Commission E q*es January D4, 2022 FAA AIP 3-19-0094-0046 and 0047-2020 P-13 Waterloo Regional Airport AECQM Project#60625545 FY 2020 FAA AIP Projects Page 463 of 545 REVI,3E0 PER ADDENDUM NC. 1 JUNE: fl, 217201 NON-C.ULLUSION AFFIDAVIT Ole SUBCO MMM-rOR (To Be Submitted After Bid But Prior to Award) State of ) )ss County of f ) J ,being.first duly sworn,deposes and says that: (f) He is 'r�LJ Owner Partrter officer,lteprese italive,,W:-Agent), of .e�� n G, ,the Bidder that has submitted the attached Bicl: (2) Ile is frilly informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is nota collusive or sham bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affiant,has in any way colluded,conspired,connived or agreed,directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham bid in connection with the Contract rorwhich the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached bid or of any other B idder,or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder,or to secure through any collusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached bid are rair and proper and are not tainted by any collusion,conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives,owners,employees,or parties in interest,including this affiant. (Signed) Title Subscribed and sworn to before me this /5� day of: 20 Z-Q Title My Co.rntnission Expires 'P� ca SAMU1:1. 11SPENCER o Commission Number 800263 o My Commission Expires FAA AIP 3-19-0094-0046 and 0017-2020 P-13 Waterloo Regional Airport AECQM Project 460625545 FY 2020 I-AA AIP Projects Page 464 of 545 NON-(::0 LLUMON AFFIDAVIT 0 FSU 113CONTRAC-TO It (TO 13e SUbmil(ed After Bid taut Prior to Award) State of County or A n- beim first duly SW01-11,deposes and says that: is u,'*\ �Nvller, P�,Ivtllqr. A(ent) of V)a 7, the Bidder that has submitted the attached Bids (2) He is fully informed respecting the preparation and contents of the attached bid and ofall pertinent circumstances respecting such bid: (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest, including this affiant, has in any way colluded,conspired.connived or agreed.,directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refi-ain frons bidding in connection with such Contract, or has in any manner, directly or irldireOdy,sought by agreement:or cOlILISi011 or communication or conference with any other Bidder,fit-ill or person to fix the price or prices in the attached bid or ofany other Bidder,or.to fix any overhead,profit or cost element of bid price or the bid price of any other Bidder,or to secure thrOW,111 any collusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo; IM-1,Or any person interested in the proposed Contract,and (5) Tlie price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,conspiracy, connivance or unlawflil agreement on the part of the.Bidder or any of its agents.,representatives,owners,employees,or parties in interest, including this affiant. (Signed Title Subscribed and sworn to before nic this dav o 1, ;10 title MY Commission Expires—, 0 Iowa R I A FAA A Ill and 0047-2020 11-13 NV,'ILCrlOO Regional Airport, AF'VONI Price(1,160625545 FY 2020 FAA All'11roJects Page 465 of 545 NON_COLI, USIONAI�'hII)A'VI'I'OFStIBCON"TItAC]'Olt ('To 13e Subhni[led After 13 id But Prior to Award) State of IOwa �. )SS County of, Hardin ) Jennifer Ingledue being firstduly sworat,deposes and says that: (1) Ile is—. __ _(Owncr,-Partner.Officer. Representative,or Agent) of QEL Construction Services, Inc, ,the Bidder that has submitted the attached Bid: (2) Ile is fully informed respecthig the preparation and contents of the attached bird and ol'all pertinent ch cumstanees respecting such bid; (3) Such bid is genuine and is not it collusive or sham bid; (4) Neither the said Bidder nor any of its rnfficers,partners,owners,agents,representatives,employees or parties iia interest,including this affiant, has in any way colluded,conspired,connived or agreed.directly or indirectly, with any other Bidder.Firm or person to submita collusive or shame bid in connection with the.Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,sought by agreement or Collusion or communication or Conference with an)'other Bidder,firm or person to lir the price or prices in the attached bid orofany other Bidder,or,to fix any overhead,profit or costelement of the bid price or the bid price of any other Bidder,or to secure through any collusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,conspiracy, connivance or unlawful agreement oa the part ofthe Bidder or any of its agents,representatives,owners,employees,or parties in.interest,including this affiant. �7, Title President rI Subscribed and sworn to before me finis j ca day of l,' ,. r. Title 44 1,1_y Commission I xpires f�,' '.e 1' ,2U1J. CASS615 BABCOCK Commission Number 747424 My Commission Expiros _ _ ,lune,t4, 7:092_ 17AA rill'3-1('-0094-0046 and 0047-2.020 11-13 Waterloo Regional Airport Al.:?C:Otit Project#60625ti45 FY 2020 PAA AIP Projects Page 466 of 545 REVISED PER ADDEND010 NO, I JUN 8, 2020 NOiN-COLI-USIO'.1s' ;%FFID:\N"IT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) State of County Of &eflv Eyeing first duly sworn,deposes and says that: (I I He i's (Owncr,Partner.Officer, Rel2resentative.or Agent) of - --r-ie tu!'?I '>erll CTb the Bidder that has submitted the attached Bid: (2) He is Jill ly informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid, (3) Such bid is genuine and is not a collusive or sharta bid, (4) ether cite said Bidder nor any of its officers,partners,owners.as ,encs,representatives,employees or parties in interest,including this affiant, has in anyway colluded,conspired,connived or agreed.directly or indirectly,with any other Bidder,Finn or person to submit a.collusive or sham bid in connection with the Contract for which the attached bit[ has been submitted or to refrain ftorn bidding in connection with such Contract, or has in any manner, directly or indirectly,sought by agreement OrCollusion orcomillunication or conference With any other Bidder,firm orperson to fix the price or prices in the attached bid or of any other Bidder,or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder,or to secure through any ecillusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the proposed Contract,,and (i) The price or prices quoted in the attached bid etre fair and proper and are not tainted by any collusion,conspiriev. eonnivance or unlawful agree stent on the part of the Bidder or ally of ils agents,repMlsen=V",owners,employees,or par-tics in interest.including this affiant. (Signe. Title Subscribed and sworn to before nic this_day of MANDY BOWMAN Commission Number 768894 My Gornmtsslon F-xplres '400"r July 20, 2020 iti My Carnmissior Expires �7-712L2 -'OOK-.0 FAA AAP 3-19-0094-0046 and 0047-2020 P-1;3 Waterloo Regional Airport AFCOM Project#60625545 FY 2020 FAA AIP Projects Page 467 of 545 JUNE 8, 2020 NON-COLLUSION AF'F1DAV[T OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) State of�1 )ss County ofr - 1 being first duly swom,deposes and says that: (1) He is Qymcr.Parlmr. r •j •v of the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affiant,has in any way colluded,conspired,connived or agreed,directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached bid or of any other Bidder,or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder,or to secure through any collusion,conspiracy,connivance,or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives,owners,employees,or parties in interest,including this affiant. (Signed) Title a't�-r'� {�h,l l:et e. Q_,s . Subscribed and sworn to before me this day of c t H D -, 20420 Title ,s ++ TESSA JO FRAHM T.Commission Number 805733 M Gomasslon Explmas My Commission Expires 41AVAI 20Z August 4,2020 FAA AIP 3-19-0094-0046 and 0047-2020 P-13 Waterloo Regional Airport AECOM Project#60625545 FY 2020 FAA AIP Projects Page 468 of 545 \C.?\ SU C'n\'l'ltflC'7'()1t {t'o lie Sul3iahittec9.�.f e.r tai But Prior to Award ll ;Slaw i>t' tr< 4. o4. (C L beim first dhIly SV4Wlr_APOSCs 311d says t aal: f l? 8§e is i�twr ci..!'��rrs�ct,f'tlli4 rs.ltcirrcticrtsatiye alms; ttt st ttw F3=ilder th€tt has Subwltttr€1w aft whed Bid: i2) f 14 is fttk it)f3rnztida respectf(Ig 11w pn paration and Contenis orate a etched Kiri and ofali h r inial€circumstances respectiil-such NO,* €,i Such brit IS i;i-nlnt]l.and is.ltol a collusive or shan1 bid: ! (,,'I Nei the fiLiii Bidder nor al)y of ii5 of titers,t?l11neP3,'ONVIICrS,a&4Q]Its,-%131°e.SU11is7fa�'e.a,eirillloy"s or panks In OnCres'_including. ibis aitiant,hos, In any w.iy collude(L conspire(t con-lived or agree i.directly or indir,Ctly,with any other Ridder.firm or{ieraott to SI binii a c,11uaive or shano bid in connecti:,n with the Contract liar-'vIlich the<rltached bid bas been SLlbrTlitt-d Or to 1`fltrf:irj froth hidilin�.; in cojimd:tion with S!tch Contract, or has ill ant manner, directly or in itia"LL'ClL'� i>U'.'ii€t2F'tl 3c.0€tleilt i.)r 's?ltrSion I°Cordlimnlicadon ortonlerenLe�4itla tat3V other Bidder.tlr'ili or l)c.r<orh to fly the prk;c or price-,ill the attached'{bid€lr d?t-nv other 1 iddor,or,to fix any t)verhe"Idl,ProjLt or cost f9lf;i771r17t ofthe b➢!f price or O,ie hi€i price of any a Bier Bidder.or to`,ctcu%ihroiuth.rny i;llnsihu,conspiracy,connivartce,oi-unlawlid ugrCemcni lank advantrlgc<against the Ci(w•of Waterloo, <)I-ativ person interctted in the proposed C ontrai 1,stn{f t�I l ne price or prices quoted in tiro altached"hid tarc Ilairtn d proper ar)d arc nc,tt-riMed by�any C011nSinri.crhnspira4ve connivanGC or ordaw hO agr€'etntm(oil the pai't of the Bidder er or--illy of It,,ilgcnt3,rijJresklnm.lt s.mvri.'i•S,employees,or parties in interesi, Including This aff"tam. E'itld. Subscribed and Sworn to before lm thi; d v if ��L3til.l� .2Q? Fit$ tix,i%KIM111: L.Y A. ""HART E*s GOt>7miss?vn" nl:br 179568 my_ y Crrsi5si nrr�xplras May 24. 2022 FAA All'3-19-00941-MI46 alid 0047-20_)(i P-i kk' lc--looRg.ional Airport ;\E-.COM t1rgj-,,:F P6 Y!"'5j 45 201()FAA A1111 l}:"iSfccCt" Page 469 of 545 RFVIt;EI7 I •L-R Al }1)1 NI) JM W!) 1 Ji.INE 3 N0_'.'3 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) State of -U c.v A )SS County of (55 (1) Ile is ,r J1 PA L I ru i , being first duly sworn, deposes and says that: (Owner. Partner, Officer, Representative, or Agent) of ) the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this aniant, has in any way colluded, conspired. connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached hid has been submitted or to retrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the hid price or the bid price ofany. other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion •onspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, aployees, or parties in interest, including this affiant. Subscribed and sworn to before me this LI- day of , 20 Tiflc My Commission Expire KRISTA S KINKENNON Commission Number 784547 tvly Co n Expires Ja �t023 FAA All' 3-19-0094-0046 and (1047-202(1 AECOM ProjectJ160625545 P-13 Waterloo Regional Airport FY 2(120 FAA AIP Projects Page 470 of 545 REN/1 E() PER AOU NDt.JM NO 1 JUKE ;, 2020 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) State of )ss County of C eCKJ4-.46v ) ect t S , being first duly sworn, deposes and says that: (1) Ile is Owner, artner, Officer. Representative, or Agent] of 51 2 J �L the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawfu1 agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me this f#� day of G , 20 'title My Commission Expires AUG OST 2S Paul R. Iiernid Conrreissbt Writer 154419 MyComnissbn■,�.,,1r�Eeyy� August 25, 2020 , 20 ZP. (Signed) WI Title V ( Z./ FAA AIP 3-19-0094-0046 and 0047-2020 P-13 Waterloo Regional Airport AECOM Project #60625545 FY 2020 FAA All' Projects Page 471 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 NON -COLLUSION AFFIDAVIT OF SIJRCONTRAC'I'OR (To Be Submitted After Bid 13ut Prior to Award) State of _.ido JC9 ) )ss County of IiZ ) - - --- , & ..••- % if V VI being first duly sworn, deposes and says that: (I) He is (bwrncr,P rt4}e +;)l'ftcer elxesenlallye, arAgent) of k+ to i f'el r c 7IAc..1he13iddcrthat has submitted the attached Bich (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, Including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid ill connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element ofthe bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of' Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me this l a4k day of 0—Lit, IN- , 202ra A._/2 Title 1 My Cornmission Expires SKikf 2 , 20-Z.L (Signed) Crtle/ ALAN R. ENDORE 5.• Commission Number 161482 My Commission Expires Juty 23, 202.E Ps FAA AIP 3-19-0094-0046 and 0047-2020 P-13 Waterloo Regional Airport AECOM Project 460625545 FY 2020 FAA AlP Projects Page 472 of 545 State of County of F ISI':i) PIER A1..).M.: NDUM NO, 1 JLII` E 8, 2020 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) 1©tWA R otc K tikes r. ))ss Br&c) bU3I») being first duly sworn, deposes and says that: ( l ) He is (OwsrterPartite Officer ppment ttive. or -AM of PrOi hi the B idder that has submitted the aathed Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element ofthe bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents reprentati;es, oyvtiers, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this \ day of t_ , 20.90 Title My Commission Expires , 20 1 CHRISTY JOHNSON COMMISSION NO, 764029 MY COMMISSION EXPIRES JULY 29, 2022 FAA AIP 3-19-0094-0046 and 0047-2020 I'-13 Waterloo Regional Airport AECOM Project #60625545 FY 2020 FAA AIP Projects Page 473 of 545 REVISED PER ADDENDUM Na 1 JUNE 8, 2020 STATEMENT OF INTENT NONDISCRIMINATION AND EQUAL OPPORTUNITY STATEMENT The Contractor does hereby certify to the Waterloo Regional Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or office herein. f selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative Action Program. Improvements to the Waterloo Regional Airport consisting of Reconstruct Taxiway B South of Runway 18/36 Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron Remove Trees FAA AIP Project Nos. 3-19-0094-0046 and 0047-2020 _War Yalley Corp 1.1 C COMPANY Wdlium C Calderwood Senior Vice President EXECUTIVE OFFICER Destiny Dietrick 3\Tthi41-. AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER 2637 Wagner AiiiFL_ _ Walerino.IA 50703 PHONE NUMBER._3I9-1124--6¢0 FAA AIP 3-19-0094-0046 and 0047-2020 P-I4 Waterloo Regional Airport AECOM Project #60625545 FY 2020 FAA AIP Projects Page 474 of 545 BIDDER'S INFORMATION SHEET A. BIDDER'S CAPACITY: (Check One) 1. Individual 0 2. Co -Partnership ❑ 3. Corporation 13 B. (IF ITEM 2 IS CHECKED, COMPLETE THE FOLLOWING) State of Names and Addresses of Partners I . 2. 3. 4. 5. C. (IF ITEM 3 IS CHECKED, COMPLETE THE FOLLOWING) State of Incorporation Iowa Names and Addresses of Officers: President sieptari R Jaclomn Secretary id M armies Treasurer _nay iauer REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 FAA AIP 3-19-0094-0046 and 0047-2020 P-I5 Waterloo Regional Airport AECOM Project #60625545 FY 2020 FAA AIP Projects Page 475 of 545 REVISED PER ADDENDUM NO, 1 JUNE 8, 2020 SYNOPSIS OF EXPERIENCE RECORD (This synopsis must accompany Proposal Form.) Name of Bidder Crdar Vallcv.. Com LLC Business Address IAA,. Wagner Etna& Wilertnn 1A i1}7[li Individual ( ) Partnership ( ) Corporation (x) (Check One.) Construction successfully completed within past five years similar in size, scope, and difficulty of construction to the work bid upon. Name of Owner 2 3 4 5 Name of Location of Amount of Project Proiect Contract Number of Contract Days Actual Number of Days to Allowed for Above Projects Complete above Project 1 2 3 4 5 (Signed) IDOT Certification in ulud (By) Willuun C Calderwood (TITLE) Scnkar Vut Preanfrn! Date 6-11-2020 Cndnr Vn!!ny rnrp 1 1 r Name of Company FAA AIP 3-19-0094-0046 and 0047-2020 P-16 Waterloo Regional Airport AECOM Project #60625545 FY 2020 FAA AIP Projects Page 476 of 545 REVISED PER ADDENDUM NO, 1 JUNE 8, 2020 UTILIZATION STATEMENT Disadvantage Business Enterprise The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner. (Please mark the appropriate box) i The bidder/offeror is committed to a minimum of 7 82 % DBE utilization on this contract. ❑ The bidder/offeror, while unable to meet the DBE goal of 7.82 %, hereby commits to a minimum of % DBE utilization on this contract and also submits documentation, as an attachment demonstrating good faith efforts (CFE). The undersigned hereby further assures that the information included herein is true and correct, and that the DBE firm(s) listed herein have agreed to perform a commercially useful function in the work items noted for each firm. The undersigned further understands that no changes to this statement may be made without prior approval from the Civil Right Staff of the Federal Aviation Administration. Cedar Volley Com.. Lie Bir'stOfferor's Firm Name Uuoak,,QL Signature William C Calderwnud 6-11-2020 Date DBE UTILIZATION SUMMARY Contract Amount DBE Amount Contract Percentage DBE Prime Contractor $ x 1.00 = $ % o DBE Subcontractor $ 3 a 7t_-ilg�. �d x 1.00 = $ 3d �Va. �• At) 7,_ /o DBE Supplier $ x 0.60 = $ % DBE Manufacturer $ x 1.00 = $ % Total Amount DBE DBE Goal $ 3a Y 7gov $ 3 7B9ao Aga 7,DoZ % Note: lithe total proposed DBE participation is less than the established DBE goal, Bidder must provide written documentation of the good faith efforts as required by 49 CFR Part 26, FAA AIP 3-19-0094-0046 and 0047-2020 AECOM Project 1160625545 P-17 Waterloo Regional Airport FY 2020 FAA AIP Projects Page 477 of 545 V. May 5, 2020 Ii :'i1111 EI CEDAR VALLEY CORP., LLC. 2637 WAGNER ROAD WATERLOO, IA 50703 quotes@cedarvalleycorp.com; daveb@cedarvalleycorp.com; sdavis@cedarvalleycorp.com Dear Contractor: We acknowledge receipt of your CPA Audited Financial -Experience -Equipment Statement for the period closing November 30, 2019. This statement will serve to place you on our list of qualified bidders for construction and maintenance work offered by the Iowa Department of Transportation. This statement expires on May 31, 2021. Your maximum pre -qualification for all incomplete work IMO= Your prequalification categories on file with this office are listed on the enclosed page. We acknowledge receipt of your Bidder Status Form dated April 30, 2020. We will retain this form on file. Each time you submit an electronic bid on a non-federal aid proposal you will certify the accuracy of this information. You are required to submit a new form whenever the information that you have supplied changes or whenever you submit a Contractors Financial Experience Equipment Statement (Form 650004). Unless otherwise specified in the contract documents, bidder status forms must be on file in this office by noon the day prior to the letting in order to be approved as a valid bidder. Sincerely, el Daniel C Stokes Prequalification Analyst NOTE: lowa Code Chapter 91C requires that all contractors register with the Iowa Division of Labor - Contractor Registration before performing any construction work in the state of Iowa. If your business provides any type of plumbing, mechanical, HVAC, refrigeration, sheet metal or hydronic systems services, you are required to obtain a license with the Plumbing & Mechanical Systems Board before applying with contractor registration. Inquiries should be directed to: Iowa Division of Labor - Contractor Registration Phone: 515-242-5871 I Fax: 515-725-2427 Contractor.registration(a.iwd.iowa.gov www.iowacontractor.gav t.I [515-239-1414] ® I [dot.contracts@iowadot.us] el vwuw.iowadot.gov 01 Address: [000 Lincoln Way, Ames, IA 50010] Page 478 of 545 PREQUALIFICATION CATEGORIES Approved per Article 1102.01, Competency and Qualification of Bidders, as of May 5, 2020 for (CE099) CEDAR VALLEY CORP., LLC. ALTERNATE PAVT TYPE : (H1) ALTERNATE PAVEMENT TYPE PCC PAVEMENT : (P1) PCC PAVEMENT (P2) PCC PAVEMENT- MINOR BUILDING : (B2) BUILDING DEMOLITION MISCELLANEOUS : (M1) MISCELLANEOUS Page 1 of 1 Page 479 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 LETTER OF INTENT Disadvantage Business Enterprise (This page: AO be suhmi,lerf.jnr each DBEfirm) Bidder/Offer Name:_ eiriaPL. 0 f-ae.—. LLc Address: 0,6 3744' City: W.APPUCV State: j-- Zip:%Q23 DBE Finn: DBE Fitn11 e61/ kft/r5e r'/ t LTD Address: 241 (9 Ca5-i Rceoter Ave_ City: Aka! k/' DBE Contact Person: N'ume: V2 { 140 ( DBE Certifying Agency: Classification: t W to DC-T— State:-4 Zip:_. ` 7 i Phone: i 319 33 z - 64 /6 ] .... Expiration Date: it/5 5 i (Ze.) Each DOE 17rm ahrrll suhmii evident'? (such as n phntacrrnt;) n/'!heir t•erri/icatirn aruw,r.. Prime Contractor iiSubcontractnr ❑ Manufacturer ❑Supplier ❑.Ioinl Venture Work item(s) to be performed by DBE Description of Work Item Quantity Total 5 SI/-IL repLe 6_, SOo (f t 315,a) 6 ? A 1I. 1ptej-e cli G Ai /6 ? 615v , C'D 23 5eee,livt1 3v •la,0Uv,6t; I • The bidderiofl'eror is committed to utilizing the above -named DI3E firm for the work described above. The estimated participation is as follows: DBE contract amount: 5 1-7 j 12. Percent of total contract: °o AFFIRMATION: The above -named DBE firm affirms that it will perform the portion o contract for the estimated dollar value as stated above, f7i:ki Note: In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. FAA All' 3-19-0094-0046 and 0047-2020 P-18 Waterloo Revional .Airport AI'COMd Project a4)0625545 FY 2020 FAA All' Projects Page 480 of 545 IO1 'ADOT GETTING YOU THERE») January 31, 2020 Vallarie Holm Tiedt Nursery, Ltd. 2419 E. Bremer Avenue Waverly, IA 50677 RE: Affidavit of Continued DBE/ACDBE Certification Eligibility Ms. Holm, This letter confirms receipt of your annual No Change Affidavit and supporting documentation. The Iowa Department of Transportation (Iowa DOT), in compliance with 49 Code of Federal Regulations Part 26 (49 C.F.R. §§26 et seq.), is pleased to inform you that your firm's information has been reviewed and approved. Your firm's Disadvantaged Business Enterprise (DBE) certification will remain valid for another year. The DBE Directory, located at https://secure. iowadot.c ov/DBEIHomellndexl, will continue to list your contact information and will include the following NAICS codes and description of services performed: NAICS Code: 237990, 238990, 561730 Work Types: Erosion Control (Seed, Sod, Mat, and Silt Fence), Fencing, Herbicide Application; Landscaping (Trees and Shrubs), Mowing, and Retaining Walls; Supplier: Trees, Shrubs, Seed, Fertilizer, Erosion Control Products, Plastic Tubing, and Fencing As a DBE, you have the responsibility to comply with all aspects of 49 C.F.R. Part 26; maintain an accurate mailing address and phone number with Iowa DOT and promptly return all solicitation inquiries. If you have any questions, please contact this office. Sincerely, Danny Wagener Civil Rights Compliance Officer IL [515-239-1422] ®I [danny.wagener@iowadot.us] g I www.iowadot.gov di!Address: Civil Rights Bureau 800 Lincoln Way, Ames, IA 50010 Page 481 of 545 Bidder/Offer DBE Firm: DBE Contact Person: DBE Certifying Agency: Classification: LETTER OF INTENT Disadvantage Business Enterprise (This page shall he submitted for each DBE firm) Name: ee'r/irt Address: 9/,37 .. f4i City: %4I*rJY.Ldo State: Y4- Zip: 5'0703 DBE Firm:OEL Construction Services, Inc. Address: 1306 River Road S City: Steamboat Rock State: IA zip: 50672 Name:Jennifer Ingledue Iowa DOT Phone:641)868-2222 Expiration Date: Each DBE Firm shall submit evidence (such as a photocopy) of their certification status ❑ Prime Contractor RSubcontractor ❑Joint Venture ❑ Manufacturer El Supplier Work item(s) to be performed by DBE Description of Work Item S^r_,_, f IrL. Quantity Total 10 r 11 I , 16 Z1 q I s G. O1 J� C i. �— [ I_ The bidder/offeror is committed to utilizing the above -named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount: 5,9 JSO S) Percent of total contract:. AFFIRMATION: The above -named DBE firm affirms that it will perform the portion orate contract for the estimated dollar value as stated above. ., By: - _'L; i rs 4.1 l? /��.6")/i'-t',�'��� S ; . ,(`ii,quatr++rJ j President Note: In the event the bidder offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. FAA AIP 3-19-0094-0046 and 0047-2020 P-17 Waterloo Regional Airport AECOM Project #60625545 FY 2020 FAA AIP Projects Page 482 of 545 Iowa Department �, of Transportation May 6, 2009 Certificate No. CF09261 Disadvantaged Business Enterprise Certification This Certifies That OEL Construction Services, Inc. I las met the requirements under the rules promulgated by the U.S. Department of Transportation pursuant to 49 Code of Federal Regulations, Part 26, and is eligible to participate as a Disadvantaged Business Enterprise in the Iowa Department of Transportation DBE Program Walter Reed, Jr., Civil Rights Coordinator Todd A. Sadler, Director, office of Employee Services This certification may be revoked by the department upon finding of ineligibility and said company in subjcci In examination at any time and maybe required in supply additional information for review notwithstanding the issuance of this certificate. Page 483 of 545 JUN/10/2020/WED 05:51 PM DORMARK CONSTRUCTION FAX No, 515 986 9573 P, 001 LETTER OF INTENT Disadvantage Business Enteiprise (This page shall be submitted for each DBE firm) Bidder/Offer Name: Address: 31 t�vr�6&- O. city: WA tt.4J DBE Firm: DBE Firm: r DBE Contact Person: State: t I,J'J 1A- Zip: Address: 3 l D 5 w B r o n l< T)f o ein > f 3 n City: 6 r i .� `r Stater/9 Zip: 5 °( /r Name:.�� 13 a V Phone: f 51 4 ,F6 e, o DBE Certifying Agency: Expiration Date: Classification: each DOE Firm shall submit evidence (such as aphotocopy) of their certcation status, Prime Contractor -Subcontractor ❑ Joint Venture Manufacturer ❑ Supplier Work item(s) to be performed by DBE Description of Worlc Item Quantity Total lct IBC' " Uu. OokicL-t ie6 .1 1 p f b tiS2 The bidder/offeror is committed to utilizing the above -named DBE film for the work described above. The estimated participation is as follows: DBE contract amount: Percent of total contract: AFFIRMATION: The above -named DBE firm affirms that it will perform the portion of the contract for the estimated dollervalue as stated above, By: r,-(i• • 7Thw'r) (Title) Note: In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void, FAA AIP 3-19-0094-0046 and 0047-2020 P-17 Waterloo Regional Airport AECOM Project #60625545 FY 2020 FAA AIP Projects Page 484 of 545 / 1U/ LULU/ fJU IL), J1 r1Y1 uu14Ivlii11$ UUIN)11SUU11UI4 CH, NO, DID Jbb iDIi r, UU2 n 0 oMo z 4.1) c o a!>ir� E tl as 0 o ci (/) (3 0 cb13) 00 d1 :41 `1 1) ram4 EL4 Vl a) 2 •+_1 crzi z_144 1-64 • r-1 bLI cd rc3 This Certifies That Dormark Construction Company Todd A. Sadler, Director, Office of Employee Services Page 485 of 545 JUN/10/2020/WED 05:51 PM DORMARK CONSTRUCTION FAX No, 515 986 9573 P. 003 orisll Iowa Department of 'Transportation 800 Lincoln Way, Ames, Iowa 50010 Phone: 515-239-1422 Fax: 515-817-6502 August 22, 2012 Tim Bayse Dormark Construction Co. P.O. Box 530 Grimes, IA. 50111-0530 Dear Mr. Bayse: The Iowa Department of Transportation (Iowa DOT) has approved the eligibility of Dormark Construction Co. for credit on Iowa DOT contracts performing a commercially useful function in the area(s) of: Heavy Highway Construction with preferred work in the areas of: Atteouators, Bridges, Bridge Approaches, Concrete (Driveways, Sidewalks, and Misc. Flatwork), Concrete Bai tier RuiJ, Crash Cushions, Dowels (Drill & Epoxy), F'iowable Mortar, Geo Grid, Paved Sidewallc/Recreational Trails, Pavement Joints (Sealing, Sawing, and Routing), Paving Baskets, Reinforcing Steel (installation), Removals, Shoulders (Paved), and Temporary Barrier Rail (NAICS Code: 237310). For record keeping purposes Iowa DOT is counting Dormark Construction Co. as a Minority Disadvantaged Business Enterprise (M/DBE). If the firm should develop the resources, including equipment and personnel, to become involved is other areas, you should notify our office before quoting contracts in those other areas. Enclosed with this approval letter is your DBE Certification Certificate. Your finii's name will be retained on our list of certified DBE's. This determination is based on information provided to the Iowa DOT on the Unified Certification Program Application (UCPA) for Determining Disadvantaged Business Enterprise, and the Social and Economic Disadvantaged Forms. Should this information change, you must complete a new application within 10 days of the change. In addition, Iowa DOT reserves the right to rescind this certification, should the information upon which it its based is proven false, inaccurate, or misleading. Annually you will be required to submit an Affidavit of Continued DBE Certification Eligibility Form (provided by this office), a No Change Affidavit, and all supporting documentation. If you have any questions, please feel free to contact this office. Very truly yours,44-7 Len A. Hill, Sr. Compliance Auditor LAH:mmm Page 486 of 545 REVISED PER ADDENDUM NO 1 JUNE 8, 2020 BUY AMERICAN CERTIFICATION FORM FOR MANUFACTURED PRODUCTS (Non -building projects such as airfield/roadway construction, equipment acquisition, etc.) As a matter of bid responsiveness, the Bidder or Offeror must complete, sign, date, and submit this certification statement with their proposal. The Bidder or Offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter "X". ® The Bidder or Offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the Bidder or Offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product. 3. To furnish US domestic product for any waiver request that the FAA rejects. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. 0 The Bidder or Offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent Bidder or Offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe Is cause for a non -responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Reouired Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non -domestic products in their entirety). FAA AlP 43-I9-009cl-046 P-19 Waterloo Regional Airport AECOM Project #60562796 Rehabilitate West Terminal Apron Page 487 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 b) Cost of non -domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non -domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver —Total cost of project using US domestic source product exceeds the total project cost using non -domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product. b) Detailed cost information for total project using non -domestic product. False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. 6-11-2020 Date ediar V_aUtey_Coro„LLC Company Name Signature William C. Calderwo Title Senior Vice Prasii1 nt FAA ALP #3-19-0094-046 P-20 Waterloo Regional Airport AECOM Project #60562796 Rehabilitate West Terminal Apron Page 488 of 545 REVISED PER ADDENDUM NO, 1 JUNE 8, 2020 Buy America Waiver Request Title 49 U.S.0 Section 50101 (b) For Airfield Development Projects funded under the Airport Improvement Program (Revised 4/19/2010) instructions for Permissible Waivers Sect( 501(I1 th)(I) Waiver: The bidder may not request a waiver based upon the best interests of the public. The FAA Office of Airports publishes such waivers at: hunt!/www.faa.gov/airports/aip/procuremenl/federal_contract_provisions/media/buy_american waiver xis Section 501i j(bl(Zl Waiver: The bidder may not request a waiver based upon insufficient supply of U.S, manufactured, The FAA Office of Airports publishes such waivers at: httptf/www,faa.gov/airports!aip/procurement/federal_contract provIsions/media/buy_american_waiver.xls Section 50I010t}(3) Waiver: The bidder may request a waiver if 60% or more of the components are produced in the United States and final assembly occurs in the U.S. Bidder is hereby advised that the Owner's approval with the bidder's waiver request is contingent upon FAA approval. 1. "Equipment" in Section 50101 shall mean the following:: a) Individual type "L" items (Airfield Lighting Equipment) as listed in FAA Advisory Circular 150/5345-53, b) Individual bid items as established within FAA Advisory Circular 150/5370-10, The bid item application may not be applied for the type "L" items listed in AC 150/5345-53 c) A waiver request may only address one specific equipment item. Submit separate requests for each equipment item for which a waiver, d) Items listed under the Nationwide Waiver do not require further review, Please refer to the following webpage: http://www, faa,gov/airports/aip/procu remen Ufederal_contract_prov is ions/media/buy_american_waiver,xls 2, The bidder must base the U.S. percentage upon the value that results from completing a component cost calculation table similar to the attached format. Bidder shall avoid mere pro forma efforts to establish the waiver request percentage. The Bidder must submit the component cost calculation table as an attachment to the waiver request. 3 Components/subcomponents are the material and products composing the "equipment", 4, The final assembly of the AMP -funded "equipment" must be within the USA (Section 50I01(b)(3)(B)), Final assembly is the substantial transformation of the components and subcomponents into the end product. 5. All steel used in the "Equipment" must be produced in the United States. 6, The Buy American requirements apply to all tier contractors and subcontractors. All contractors/subcontractors are required to provide appropriate documentation that indicates origin of manufacturer and percentage of domestic made product. 7. The bidder is hereby advised there is no implied or expressed guarantee that a requested waiver will be issued by the Federal Aviation Administration (FAA). Less than 60% USA component/subcomponent proposed for this facility CANNOT be waived Products made with foreign steel are not eligible fora waiver. 8 North Arnr ca Free Trade Act (NAFTA): Free Trade Agreements such as NAFTA do not apply to the AIP, Products and material made in Canada or Mexico must be considered as foreign made products, 9, Preparation of a Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: hup'lhvww Faa.gov/airportslaip/procurementlfederal contract,provisionslmcdittlbuy american waiver.xls. Bidder however shall submit a listing of any equipment it proposes to install an the project that is included on the National Buy American confamtance list instructions For Section 50111 i(b1(4) Waiver: The bidder may request a waiver if application of Buy America preferences results in a 25% cost increase in the overall project. This waiver is rarely applicable. Consult the Owner before making this request. FAA AIP 3-19-0094-0046 and 0047-2020 AECOM Project /160625545 P-21 Waterloo Regional Airport FY 2020 FAA AIP Projects Page 489 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 e 3 Waiver COMPONENT COST CALCULATION TABL ti a .o n for each different equipment types. Do nor combine the component cost u a Inpment. Submit i O h e .1a • g :7 to 0 C 0 TO; E) U ° U Country of Origin Name of Manufacturer Component/Subcomponents Place of Final Assem bly: Certification Siznature t hereby certify the above information is accurate and complete. Bidder's Firm Name N a. b v 0 0 O O �p O a o as O u v ,a 0 a. < 0 < • ll) Page 490 of 545 REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 Buy America Conformance Listing Title 49 U,S.0 Section 50101 (b) For Airfield Development Projects funded under the Airport Improvement Program • Preparation ofa Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: itimiwww.Caa.20watrportS.krp+arocurententlfilderaLcoturaccaravisions/medialbus, alueriran svai'ersls • Bidder shall submit a listing of equipment it proposes to install on the project that is Included on the current National Buy American conformance list. Equipment Type All is Name of Manufacturer Product Number Certification Signature: Bidder hereby certifies that the above listed equipment, which we propose for installation on the subject project, are on the current National Buy America Conformance list as established at: httD /Avww.raa.govlair_orl iiO/pmcurernentlfe(teral contract provisions/media/buy arnerican wvaiver.xls I hereby certify the above information is accurate and complete. Cedar Valk} Cusp 1.1 C Bidder's Firm Name Slgn William C Caldcrwood 6-1 1-2020 Date FAA AIP 3-19-0094-0046 and 0047-2020 AECOM Project #60625545 P-23 Waterloo Regional Airport FY 2020 FAA AU' Projects Page 491 of 545 CEDAR VALLEY CORP., LLC Project Reconstruct Tarry e & West Terminal Apron Local1n WalQde0 Atrmit UNIT ESTIMATED UNIT BID PRICE QUANTITY rIIBID PACKAGE el - RECONSTRUCT WEST TERMINAL APRON AND CIF IRGRF6� iQINTS EAST TERMINAL ITEM NO. SPEC NO. DESCRIPTION Addendum No, 1, 2 TOTAL BID PRICE 1 C-105 MOBILIZATION LS 1.000 48,200.00 48,200.00 2 l GP 40-05 TRAFFIC CONTROL LS 1.000 5,500.00 5,500.00 3 GP 50-07 CONSTRUCTION SURVEY LS 1.000 7,000.00 7,000.00 4 P-101-5 1 PAVEMENT REMOVAL SY 3,400.000 6.50 22,100.00 5 PLANS REMOVAL OF STRUCTURE EA 1.000 1,500,00 1,500,00 9 P•152-4.1 UNCLASSIFIED EXCAVATION CY 1,700,000 12,00 20,400.00 7 P-154-5.1 SUBBASE COURSE CY 690.000 62.50 43,125.00 B P-209-5,1 CRUSHED AGGREGATE BASE COURSE - 6 INCH SY 3,400.000 20.00 68,000.00 9 P-307-7-1 CEMENT TREATED PERMEABLE BASE COURSE SY 2,440.000 28.98 70,711.20 10 P-501-8.1b 10.0-INCH PORTLAND CEMENT CONCRETE PAVEMENT SY 960.000 82,48 79,180.80 11 P-501-8.1d 12.5-INCH PORTLAND CEMENT CONCRETE PAVEMENT SY 2,440.000 69.79 219,057.60 12 P-620-5.2b RUNWAY AND TAXIWAY MARKING SF 3,675.000 5.50 20,212,50 13 P-620-5,3c REFLECTIVE MEDIA (TYPE I, GRADATION A) LB 260.000 5,00 1,300.00 14 PLANS AIRCRAFT TIEDOWN ANCHORS IN NEW PAVEMENT SF 20.000 400.00 8,000.00 15 PLANS AIRCRAFT TIEDOWN ANCHORS IN EXISTING PAVEMENT SF 10,000 600 00 6,000.00 16 D-705-5,1 4 - INCH PERFORATED SUBDRAIN (SDR 35) COMPLETE INCLUDING POROUS BACKFILL AND FILTER FABRIC LFT 270.000 15.00 4,050.00 17 D•705-5.2 4 - INCH NON -PERFORATED SUBDRAIN (SDR 35) LFT 165 000 8.50 1,402.50 16 D-705-5.5 SUBDRAIN CLEANOUT EA 3,000 1.750.00 5,250.00 19 PLANS CATCH BASIN, ADJUSTMENT EA 2 000 9,500,00 19,000.00 20 13-751-5.1 CATCH BASIN EA 2,000 19,500.00 39,000.00 SUBTOTAL 689,019.80 Alternate Old 1 GP 40-05 TRAFFIC CONTROL LS 1.000 5,500.00 5500.0D 2 P-101-5 2 SAW AND SEAL JOINTS LFT 4,950.000 3.40 16830.00 t SUBTOTAL! 22.33 Page 492 of 545 YZIM Lelllnn este. G t 1.l11 ITEM NO. SPEC NO. CEDAR VALLEY CORP., LLC DESCRIPTION Project: Reconstruct Tewp 0 8 West Terminal Apron Laudon' Welenoe MIp&R ESTIMATED UNIT UNIT BID PRICE Addendum No. 1, 2 TOTAL BID PRICE TOTAL BID PACKAGE Al I 711.349.60 BID PACKAGE 82 - RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 AND REMOVE TREES 1 C-105 MOBILIZATION LS 1.000 277,377,00 277,377,00 2 GP 40-05 TRAFFIC CONTROL LS 1.000 27,250.00 27,250.00 3 GP 50-07 CONSTRUCTION SURVEY LS 1.000 30,000.00 30.000,00 4 PLANS CONSTRUCTION BARRICADES LS 1.000 25,000.00 25.000,00 5 C-102-5.1e INSTALLATION AND REMOVAL OF SILT FENCE LF 6,500,000 1,75 11,375,00 6 C-102-5.11 INSTALLATION AND REMOVAL OF INLET PROTECTION EA 10.000 285.00 2,950.00 7 P-101-5.1 PAVEMENT REMOVAL SY 25,440.000 4.52 114,988,80 8 P-101-5.6 COLD MILLING SY 220.000 20,00 4,400.00 9 P-151-4,1 CLEARING ACRE 6.000 4,000.00 24,000.00 10 P-151-4.2 CLEARING AND GRUBBING ACRE 21,000 4,250,00 89,250.00 11 P-152-4.1 UNCLASSIFIED EXCAVATION CY 3,000,000 10.00 30,000.00 12 P-154-5.1 SUBBASE COURSE CY 1,250.000 61.00 76,250.00 13 P-209-5.1 CRUSHED AGGREGATE BASE - 8- INCH SY 3,400,000 20.00 r 69,o00.00 14 P-307-8.1 CEMENT TREATED PERMEABLE BASE COURSE SY 20,940,000 26,32 551,140.80 15 P-501-8,1 8.0 INCH PORTLAND CEMENT CONCRETE PAVEMENT SY 1,070.000 88.04 94,202.80 16 P-501-5.1 13.0 INCH PORTLAND CEMENT CONCRETE PAVEMENT SY 16,500.000 72.40 1,339,400.00 17 P-620-5,2b RUNWAY AND TAXIWAY MARKING SF 10,200.000 5.50 56,100.00 18 P-620-5.3c REFLECTIVE MEDIA (TYPE I, GRADATION A) LB 225.000 5,00 1,125.00 19 D-705-5.3 6 - INCH PERFORATED SUBDRAIN (SDR 35) COMPLETE INCLUDING POROUS BACKFILL AND FILTER FABRIC LFT 6,380.000 14.00 89,320.00 20 ❑-705-5.4 8 - INCH NON -PERFORATED SUBORAIN (SDR 35) LFT 200.000 8,50 1,700.00 21 D-705-5.5 SUBDRAIN CLEANOUT EA 21,000 1,750,00 36,750,00 22 D-751-5.1 CATCH BASIN EA 6.000 19,000.00 114,000.00 Page 493 of 545 1.Aiine 0.11.20 ITEM NO. SPEC NO. CEDAR VALLEY CORP., LLC DESCRIPTION UNIT Protect Reconslrucl Amy B & Wool Terminal Apron Wcalhm W5lalooAiryorll ESTIMATED UNIT BID PRICE Addendum No. 1, 2 TOTAL BID PRICE 23 T-901-5.1 SEEDING AC 30.000 900.00 27,000.00 24 T-905-5.1 TOPSOIL (OBTAINED ON SITE OR REMOVED FROM STOCKPILE) - TAXIWAY B CY 790.000 12.00 9,480,00 25 T-908-5.1 MULCHING AC 50.000 1.825,00 91,250.00 26 L-108-5.1 NO. 8 AWG, 5KV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, •DUCT BANK OR CONDUIT LF 10,500.000 1.00 10,500,00 27 L-108.5.2 NO. 6 AWG, 5KV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCTBANK OR CONDUIT. LF 100.000 1.25 125.00 28 L-10&5.3 NO. 6 AWG, BARE COPPER COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS LF 7,700.000 0.85 6,545.00 29 L-110.5.1 CONCRETE ENCASED ELECTRICAL DUCT BACK, 4-WAY, 4-INCH SCHEDULE 40 PVC LF 160.000 38.00 6,080.00 30 L-110-5.3 NON -ENCASED ELECTRICAL CONDUIT. 2- INCH SCHEDULE 40 PVC LF 7,760.000 2,10 16,170,00 31 L-115-5.4 ELECTRICAL HANDHOLE, L-868 EA 4,000 900.00 3,600.00 32 L-115-5.4 ELECTRICAL HANDHOLE, 2'0" BY 2'0" EA 6.000 3,500.00 21,000.00 33 L-125-5.1 L-661T(LED)TAXIWAY EDGE LIGHT - LED EA 65.000 970,00 63,050.00 34 L-125-5.4 AIRFIELD GUIDANCE SIGN, SIZE 1, LED, 1 (ONE) MODULE EA 6.000 2,400.00 14,400,00 35 L-125-5.4 AIRFIELD GUIDANCE SIGN, SIZE 1, LED, 2 (TWO) MODULE EA 2.000 3,000.00 6,000.00 36 L-125-5,4 AIRFIELD GUIDANCE SIGN, SIZE 3, LED, 1 (ONE) MODULE EA 1.000 2,670 00 2,670,00 37 L-125-5.4 AIRFIELD GUIDANCE SIGN, SIZE 1, LED, 3 (THREE) MODULE EA 2.000 3,275,00 6,550.00 38 L-125-5.5 L-804 (LED) RUNWAY GUARD LIGHT EA 2.000 3,325,00 6,650.00 39 40 L-125-5.6 :REMOVE DUCT BANK LF 700,000 7.00 4,900,00 L-125-5.7 REMOVE TAXIWAY EDGE LIGHT EA 68.000 255.00 17,340.00 41 L-125-5.7 REMOVE ELECTRICAL HANDHOLE EA 12.000 258.00 — 3,096.00 42 L-125-5.8 REMOVE AIRFIELD GUIDANCE SIGN EA 19.000 525.00 9,975.00 Page 494 of 545 LetilnB pale 6-11.2D CEDAR VALLEY CORP., LLC Addendum No. 1, 2 Project. Reconstruct Txwy B & West Terminal Apron Locnuon Wstene°Atrporl UNIT ESTIMATED UNIT BID PRICE TOTAL BID PRICE QUANTITY TON 26.000 640.00 ITEM NO. SPEC NO. DESCRIPTION 43 P-401 44 45 ASPHALT SURFACE COURSE P-603 EMULSIFIED ASPHALT TACK COAT D-701 10" CLASS III, REINFORCED CONCRETE PIPE GAL LF 17.920.00 30.000 503.000 10.00 300.00 65,00 32.695.00 TOTAL BIDsia PACKAGE #2 3,441,675.40 TOTAL BID - BID PACKAGE Oil PLUS BID PACKAGE 112i 4 153,125.00 Page 495 of 545 CEDAR VALLEY CORP., LLC Addendum No. 1, 2 Project ReconBlnid Tow/ B & Well Terminal Apron IAWAI Oslo &.f 1.20 LOX WBIwton/Wore' ITEM NO. SPEC NO. DESCRIPTION UNIT ESTIMATED UNIT BID PRICE TOTAL BID PRICE QUANTITY SUBMITTED BY CEDAR VALLEY CO P.. LL Willa aldenvood, Senior Vice Preeiden Signature Page 496 of 545 k REVISED PER ADDENDUM NO. 1 JUNE 8, 2020 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Cedar Valley Corp., LLC as Principal, and Liberty Mutual Insurance Company as Surety are held and firmly bound unto the Waterloo Regional Airport. 2790 Livingston Lane. Waterloo. Iowa, hereinafter call "Owner", in the penal sum of Five Percent (5%) of the Total Amount Bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated June 11 ,2010 for Reconstruct Taxiway B South of Runway 18/36; Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron; and Remove Trees at the Waterloo Regional Airport, Waterloo, Iowa, FAA AIP 3-19-0094- 0046 and 0047-2020. NOW, THEREFORE, (A) If said Bid shall be rejected, or in the alternate, (B) If said bid shall be accepted and the Principal shall execute and deliver a Contract in the form specified and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the Contract and provide the bond as provided in the Specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such bid or execute such Contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by theiyproper officers this 9th day of June , A.D., 20 20 Princip By (Title)Wtl' m C. Calderwood, Senior Vice President Cedar Valley Corp., LLC (Seal) Sur. B (Attorney -In -Fact) ne Y ung Liberty Mutual Insurance Company (Seal) FAA AIP 3-19-0094-0046 and 0047-2020 AECOM Project #60625545 P-I 1 Waterloo Regional Airport FY 2020 FAA AIP Projects Page 497 of 545 This Power of Attomey IlmIls the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent hereln staled. Not valid for mortgage, note, loan, letter of credlt, bank deposit, currency rate, interest rale or residual value guarantees, To confirm the validity of thls Power of Attorney call 610.832.1240 between 9:00 am and 4:30 pm EST on any business day. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohlo Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Crain E. Hansen, Jay D. Frelermuth. Brian M. Delmorly. Cindy Bennett An a Crowner Stacy Venn Tim McCtrlloh, Shirley S. Bartenhaoen, plane R, Yount] of the city of West Des Moines state of Jowa Its We and lawful attorney -In -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Cedar Valley Corp., LLC Obligee Name: Waterloo Regional Airport Surety Bond Number. Bid Bond Bond Amount: See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of March, 2017. By: STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Wasyi4merican Insurance Company David MCarey, Assistant Secretary On this 30a day of March 2017, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. CO1.IMON W F,AI,Tri OF PENNSYLVANIA Notarial Seel Teresa Peslelia, Notary Pubac By: Upper MarionTwp., Montgomery County 11'cyw My Commission Expires March 20.2021 •Member. Po nivlHanLiAaoocat n el Notaries 6Qrrr r•.r This Power of Aforill:es"made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and Wool American Insurance Company which resolutions are new in full force and effect reading es follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official o1 the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver es surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney - In -fact under the provisions of this article may be revoked et any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-In-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and la attach (hereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, Certflcate of Designation — The President of the Company, acting pursuant 10 the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys - in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid end binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohlo Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a hill, true end correct copy of the Power of Attamey executed by said Companies, is in hill force and effect and has not been revoked. Teresa Pasleila, Notary Public IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of June , "g020 Page 498 of 545 ACCPRE) CERTIFICATE OF LIABILITY INSURANCE 08/06/2020 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 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 CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: PHOENIX INS CO 25623 INSURED Cedar Valley Corp., LLC 2637 Wagner Rd Waterloo, IA 50703 INSURER B: TRAVELERS IND CO OF AMER 25666 INSURER C TRAVELERS PROP CAS CO OF AMER 25679 INSURERD:STANDARD FIRE INS CO 19070 INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 59972409 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR VD NUMBER POLICYPOLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERALLIABILITY X X CO3K475315 12/01/19 12/01/20 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTE PREMISES (Ea occur ence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO - PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED X X 8101L117063 12/01/19 12/01/20 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLALIAB EXCESS LAB X OCCUR CLAIMS -MADE X X CUP3K575812 12/01/19 12/01/20 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORARTNER/EXECUTIVE /P OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A X UB1L611575 12/01/19 12/01/20 X STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: improvements to the Waterloo Regional Airport - Reconstruct Taxiway B South of Runway 18/36 FAA AIP 3-19-0094-0047-2020; Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron FAA AIP 3-19-0094-0046-2020; Remove Trees FAA AIP 3-19-0094-0047-2020 Umbrella Liability is used to meet minimum limit requirements on the GL.30 days written notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION Waterloo Regional Airport City of Waterloo 2790 Livingston Lane Waterloo, IA 50703 USA 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 ACORD 25 (2014/01) hvencilwdsm 59972409 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 499 of 545 IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT OWNER/SPONSOR: CITY OF WATERLOO, IA RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL APRON FAA AIP NO. 3-19-0094-0046-2020 RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 & REMOVE TREES inuallomP mak mummomer AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO, IOWA 50723 (319)2324531 (319)232.0271 {FAX) LOCATION MAP FLACK HAIM COUNTY AEOOM 6❑0S,W 7T11 sTREET, SUITE 301 LIES MCINES, IOWA 503094506 (515)323-7013 (S15)20-4003 (FM) --Ir 11111111111111111.1111111.11111111111 ° TREE CLEARING II 111 II II II OUNKEATONROAD TERMINAL APRON -- RECONSTRUCTION VICINITY MAP NOT To SCAT MCOM Page 5 TAXIWAY B RECONSTRUCTION TERMINAL APRON JOINT RESEALING DESIGN CRITERIA RECONSTRU.CTEC AIRFIELD PAVEMENTS ARE DESIGNED UTILIZING AIRCRAFT DESIGN GROUP C—III AIRFIELD ANC TAXIWAY DESIGN GROUP 3. WATERLOO REGIONAL AIRPORT APPROVED DIRECTOR OF AVIATION, WATERLOO ORT W❑AVID E. 1 X❑GHEs ' 13037 '•* ems{'••....... `aa 1 hereby certify that this Engineering document was prepared by me or under my direct personal supervision and that 1 an a duly Llcenoed Professional Engineer under the laws ❑f the State of Iowa. \ . y 22, 2020 DAVIO B. HUGHES Date License number 13037 rsy 1lcense renewal date 1s December 31, 2021 Pages or sheets covered by this seal All sheets NT PROJE< mo O 600 DUNKERTON ROAD PHASE 2 PAICLOSES NWAY MARKER -- (PHASE 1_0-27 - LIGHTED CLOSED RUNWAY MARKER (PHASE 2) PHASE 2 PAINTED CLOSE RUNWAY MARKER (PHASE 1 & 2) BARRICADE LOCATION (TYP.) PHASE 1 VORTAC CRITICAL AREA - 1000' II \ 11 ,T` — II1 \ \ \ / Table B — Runway, Taxiway, and Apron Availability per Phase Phase 1 Phase 2 Phase 3 Runways Runway 12/30 Open -.} Open _ f7pen Runway 18/36 Open Open :, t144 Runway 6/24 q ..om ese 1: - Back -taxi Operations Required on Runway 12/30 Depart 12 Arrive 30 ...•'. Depart 12 Arrive 30 No Back -taxi Operations Required on Runway 18/36 Depart 18 Arrive 36 = N/A Rwy - Closed--- - Nb Taxiways Taxiway A West of Runway 18/36 Closed ! ;.., Closed_-_ :' Open '. Taxiway A West of Taxiway B to Runway 18136 Par_Ually Closed PCalro fiq. Closed Open Taxiway A and Taxiway B Intersection -.., ,"_-,'1 lased Open Taxiway A East of Taxiway B to Runway 12/30 Open - Open' genially ;_ Closed-- _ Taxiway A East of Runway 12/30 Open . .Open: Open - Taxiway B North of Runway 18/36 Open sed Open Taxiway B South of Runway 18)36 Open Taxiway B-1 C,Ci, = Open '- Taxiway C North of Runway 12/30 -..- ,: Open Taxiway C South of Runway 12/30 Gila C1 a -au Open Taxiway E Open Open. Open Aprons ANGTax ilane Open Open Open. West Terminal Apron Closed Open Open East Terminal Apron Open Open Closed GA East of Taxiway B; Taxilane and Apron Open Open Open GA West of Taxiway B; Intersection of Taxflanes with Taxiway- Open Open ' Open FBO (Livingston) Apron Open , Open Open ARFF Access Road to Taxiway A „Open Open Opeit ARFF Service Road to East Terminal Apron Open Open Closed Table C — Instrument Approach Procedures Availability per Phase Instrument Approach Procedures Phase 1 Phase 2 Phase 3 Runway 6C24—RNAV (GPS) RWY 06 = l�f . Runway 6/24 —RNAV (GPS) RWY 24 NIA 1 Runway 6/24 —VOR RVWOfi NJ A NIA - i Runway 624 — VOR RWY 24 NIA- N/A , + " - AV"allable .7` Runway 12/30 — ILS or LOC RWY 12 Available: Available Runway 12/30 — RNAV (GPS) RVJY 12 Available Available Available -: Runway 12/30 — VOR RWY 12 NIA_ NIA -` Available Runway 12/30— RNAV (GPS) RWY 30 Available Available Available-. Runway 12/30 — LOC BC RWY 30 Available - Available Available Runway 18136 — RNAV (CPS) RVVY 18 Available NUk ,. Available` Runway 18/36 — RNAV (GPS) RVW 36 Available iV7Ar- Available Runway 18/36 — VOR RWY 18 N/A _ 'NIA • - Available. SCALE 500' 1900' 0 z 0 0 a DATE MAY 15, 2020 PROJECT NO. 60625545 FILENAME SHEET NO. 5 DRAWING NO. CITY OF WATERLOO Council Communication Resolution approving a Grant Agreement with the Iowa Department of Transportation - Aviation Bureau for Fiscal Year 2021, Project No. 22562 and Contract No. 9-I-210-ALO-135, in conjunction with Air Service Marketing at the Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said document. City Council Meeting: 9/8/2020 Prepared: 8/30/2020 ATTACHMENTS: Description Type ❑ Iowa DOT - Aviation Bureau Grant Agreement 22562 Backup Material SUBJECT: Resolution approving a Grant Agreement with the Iowa Department of Transportation - Aviation Bureau for Fiscal Year 2021, Project No. 22562 and Contract No. 9-I-210-ALO-135, in conjunction with Air Service Marketing at the Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said document. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve of the above request by Airport Staff Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Allows airport staff and those volunteer members of the Airport Marketing Committee to continue to provide funds for the marketing of the airport and American Airlines via a number of different marketing mediums - via digital and non -digital formats. This grant provides for a total of $60,000 of funding for the marketing of the airport and American Airlines. Of the above amount of $60,000, $48,000 is from the State with the remaining $12,000 balance being derived by ALO annual operating budget. This is an annual Air Service Sustainment grant from the State of Iowa totaling 80%, or $48,000 (State) and 20%, $12,000 local ALO match funding allocation. This grant complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy No: 3.1, 3.2, 3.3, 3.4, 3.5 and 3.7. Goal No: 4, and Strategy No: 4.1 and 4.2. There are no project alternatives selected for this request. This grant continues to provide funding for a variety of different marketing programs for the promotion of ALO and American Airlines. Page 502 of 545 Background Information: This next marketing campaign year, as Waterloo, State of Iowa, and Nationally recover from a COVID-19 pandemic, and to begin to recover from historic decreases in overall passenger travel. This will without question, be a challenge to convey a positive message, and to encourage potential future passengers to return to the air for both domestic and international travel. Legal Descriptions: Not applicable for this request from Staff. Page 503 of 545 CIOWA DOT FY 2021 Air Service Development Contract Number: 22562 Project Number: 9I210AL0135 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2021 AIR SERVICE DEVELOPMENT PROGRAM PROJECT NUMBER: 22562 CONTRACT NUMBER: 9I210ALO 135 This is an agreement between the Waterloo Regional Airport (hereinafter referred to as SPONSOR) and the Iowa Department of Transportation (hereinafter referred to as the Iowa DOT) for funding through the Iowa Air Service Development Program, under Iowa Code Section 328.12. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the Iowa DOT agrees to provide authorized funding to the SPONSOR to help in air service development activities to include: The promotion of passenger air service from the Waterloo Regional Airport through strategic advertising in digital, social media, television, print, radio, and billboard mediums. The SPONSOR may alternatively redirect funding through terms of this agreement, toward public relations, educational, and marketing efforts related to COVID-19 travel considerations, as long as an amended work plan is submitted to and approved by the Iowa DOT's Aviation Bureau. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree to: 1. The SPONSOR shall be the lead agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of air service development initiatives (hereinafter referred to as the PROJECT) in accordance with the FY 2020 Air Service Development Program Description and this agreement. 2. The Iowa DOT shall reimburse the SPONSOR for 80% of eligible PROJECT costs not to exceed $48,000. 3. Funds must be obligated within six months of execution of the grant agreement. Claims for reimbursement with proof of expenditures must be submitted within one year of the date of the obligation of funds. 4. All notices required under this agreement shall be made in writing to the Iowa DOT Aviation Bureau and the SPONSOR's contact person. The Aviation Bureau contact shall be Tim McClung (515-239- 1689). The SPONSOR's contact person shall be Keith Kaspari. 5. A report must be filed by the sponsor within 30 days of the final claim for reimbursement providing a summary of how funds were used and describing the successes and failures of activities funded through this Air Service Development agreement. Page 1 of 3 Page 504 of 545 CIOWA DOT FY 2021 Air Service Development Contract Number: 22562 Project Number: 9I210AL0135 6. The SPONSOR shall solicit, or have solicited bids, for any work on this project in compliance with all applicable laws, ordinances and administrative rules. 7. The SPONSOR shall be responsible for the acceptance of the project. The Iowa DOT reserves the right to review project activities and to audit claims for reimbursement. 8. The SPONSOR shall submit Claims for Reimbursement to the Iowa DOT for eligible PROJECT costs, along with a copy of the billing statement and proof of payment. Reimbursements will be made in whole dollars and will be rounded down. 9. The SPONSOR shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the SPONSOR receives state funds from the Iowa DOT. 10. The Iowa DOT's obligation hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or re -appropriation to pay such obligations, and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. 11. The Iowa DOT shall give the SPONSOR notice of any termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding for this program. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 12. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 13. This agreement is not assignable without the prior written consent of the Iowa DOT. 14. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement constitutes the entire agreement between the Iowa DOT and the SPONSOR concerning this PROJECT. Representations made prior to the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the Iowa DOT and the SPONSOR. Page 2 of 3 Page 505 of 545 CIOWA DOT FY 2021 Air Service Development Contract Number: 22562 Project Number: 9I210AL0135 EXECUTION OF THE AGREEMENT: In witness whereof, each of the authorized parties hereto has executed this Agreement as of the date shown with its signature below. SPONSOR: Signed this day of , 2020 By: By: Authorized Sponsor Representative Airport Manager IOWA DEPARTMENT OF TRANSPORTATION: Signed this day of , 2020 By: Stuart Anderson, P.E., Director Planning, Programming, and Modal Division Page 3 of 3 Page 506 of 545 CITY OF WATERLOO Council Communication Resolution approving Addendum No. 4 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $1,820, in conjunction with the Westdale Subdivision Swale Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/8/2020 Prepared: 8/28/2020 ATTACHMENTS: Description Type ❑ Westdale Bioswale_addendum no 4 Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Resolution approving Addendum No. 4 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $1,820, in conjunction with the Westdale Subdivision Swale Project, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer $16,340.00 (original contract) 2,300.00 (addendum) 2,300.00 (addendum 2) 13,570.00 (addendum 3) 1,820.00 (addendum 4) = $36,330.00 (modified contract amount) Source of Funds: Storm Water Fees Page 507 of 545 Ns Robinson Engineering Company Consulting Engineers Westdale Subdivision Swale Design Waterloo, Iowa Addendum No. 4 WHEREAS, City of Waterloo and Robinson Engineering Company entered into a contract dated July 30, 2018 for the design of the Westdale Subdivision Swale in Waterloo, Iowa. WHEREAS, City of Waterloo and Robinson Engineering Company desire to amend the previous agreement to make the following revisions to the contract. NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows: I. Scope of Services The scope of services is amended to add the cost to complete a wetland delineation on the site. II. Compensation The additional work will be completed for the following cost: $1,820.00 The compensation for this supplemental agreement is to be integrated with that covered under the original contract. III. In all other respects, the obligations of City of Waterloo and Robinson Engineering Company shall remain as specified in the Original Contract dated July 30, 2018, and all addendums. IN WHITNESS WHEREOF, the parties hereto have executed this Addendum No. 3 as of the dates shown below. OWNER: ENGINEER: City of Waterloo By: Quentin M. Hart Title: Mayor ATTEST: Kelley Felchle, CMC City Clerk Robinson Engineering Company By: Monica Smith, PE Title: President 819 Second Street NE, Independence, IA 50644 Phone: 3 l 9-334-7211 Page 508 of 545 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $1,043,000, for the preliminary and final engineering design and bidding phases, in conjunction with the Park Avenue and llth Street Bridge Replacements Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type ❑ Agreement Backup Material SUBJECT: Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $1,043,000, for the preliminary and final engineering design and bidding phases, in conjunction with the Park Avenue and llth Street Bridge Replacements Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: GO Bonds Page 509 of 545 SUPPLEMENTAL AGREEMENT NO. 02 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of September 23, 2019, for Consultant to provide services to the Client for the Feasibility Study for Replacement of Park Avenue and 11th Street Bridges over the Cedar River, as follows: Scope of Services This Supplemental Agreement is for preliminary and final engineering design and bidding phase services. Refer to attachment Exhibit 1 — Scope of Services. Each task is required to satisfy the requirements for preparing the design and environmental documents and to meet the requirements for an Iowa DOT letting for Replacement Park Avenue and 11th Street Bridges over the Cedar River in Waterloo, Iowa. Time of Beginning and Completion September 8, 2020 through September 30, 2021 Fees and Payments Original Professional Services Agreement Supplemental Agreement No. 1 $505,000.00 $ 28, 643.00 Task Compensation Supplemental Agreement No. 2 - Engineering Designs, Field Surveys and Bidding Services $1,043,000.00 Subtotal Amount $1,043,000.00 New Total Contract Amount $1,576,643.00 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated September 23, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. STANLEY CONSULTANTS, INC. By: Digitally signed by Marvinetla L. Hartwig DN: C=US, Marvinetta L. Hartwig ED_HarlwigMarvinetta2lanleyarvi erL'. -Slanle Consultants, CN=M ha L. Hartwig Date: 2020.09.02 10:53:09-06'00' Marvinetta L. Hartwig, P.E. Vice President Date: September 2, 2020 Attest: By: Wendy Diekema CITY OF WATERLOO By: Date: Attest: By: IIDsm-fsl\City_of Waterloo_lowa129363 llthandParkAveBndgeReplacementslContracts1SupplementalAgreemento2__20200902 SC3881 1014 Page 510 of 545 Stanley Consultants INC. Exhibit 1 Scope of Services PARK AVENUE AND 11TH STREET OVER CEDAR RIVER BRIDGE REPLACEMENTS PRELIMINARY AND FINAL DESIGN CITY OF WATERLOO, IOWA The City of Waterloo (CLIENT) proposes replacing the existing Park Avenue and 1 Street over Cedar River Bridges. The existing bridges in downtown Waterloo are nearing the end of their service life. This will be a multi -phase contract with three separate phases of work: Feasibility Study, Preliminary and Final Engineering Design and Bidding Phase, and Construction Phase Services. This Scope of Work is for preliminary and final engineering design and bidding phase services of the project. PART 2 - BASIC SERVICES The CONSULTANT shall perform Basic Services consisting of those described below. 2.1 Project Management 2.1.1 Monitor and update the project schedule as required. Proposed project schedule developed following guidelines for the Competitive Highway Bridge Program (CHBP) grant schedule. 2.1.2 Provide progress reports monthly identifying work completed during previous month, describing upcoming tasks, and documenting information requested from CLIENT. 2.1.3 Coordinate with Iowa Department of Transportation (Iowa DOT) Local Systems Bureau as needed throughout project. 2.2 Public Involvement 2.2.1 Monitor and maintain the social media website for the project through coordination with the CLIENT. Website development included with previous design phases. 2.2.2 Provide up to two (2) project updates at City Council Workshop. Discuss project progress with CLIENT as design advances. 2.2.3 Continue coordination with key stake holders. • For 1 Street bridge, stakeholders to include, but not limited to, Crystal Ice and Powers Manufacturing, • For Park Avenue bridge, stakeholders to include, but not limited to, Main Street Waterloo and Waterloo Development Corporation (WDC). 2.2.4 Attend up to two (2) Public Information Meetings to present Preferred Alternative. 2.2.4.1 Up to three (3) members from CONSULTANT to attend meetings. 2.2.4.2 Prepare up to four (4) display exhibits for Public Information Meeting such as the following: • Elevation View of Preferred Alternative showing possible aesthetics • Cross Sections of the proposed structures • Retaining Walls along approach roadway at 11th Street bridge • Retaining Walls and Connection to lower Plaza along approach roadway at Park Avenue Bridge Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Design Phase Services Page 1 of 7 Page 511 of 545 Stanley Consultants INC. Exhibit 1 Scope of Services 2.3 Competitive Highway Bridge Program Grant Coordination 2.3.1 CONSULTANT shall participate in up to three (3) conference calls with the CLIENT and Iowa DOT to coordinate this project for compliance with CHBP grant requirements. 2.4 NEPA Clearance / Environmental Documentation 2.4.1 Develop Concept Statements and submit to Iowa DOT Location and Environment Bureau for review and coordination to complete NEPA clearance. Address comments and provide additional information to complete the Environmental Review process 2.4.1.1 Proceed with project development assuming a Programmatic Categorical Exclusion or a Categorical Exclusion with a signoff. 2.4.1.2 Complete documentation as required by the State Historical Preservation Organization (SHPO). Prepare Section 4f Statement for Park Avenue Bridge and other documentation required to obtain SHPO clearance. 2.5 Preliminary Design 2.5.1 Perform one-dimensional hydraulic analysis using HEC-RAS for the proposed Project. 2.5.1.1 Review the existing Cedar River hydraulic model provided by the CLIENT. Coordinate with the CLIENT to discuss recommendations if any changes to the existing model are suggested. 2.5.1.2 Develop the proposed model by modifying existing cross section in the HEC-RAS model for replacing the existing Park Avenue Bridge and the 11th Street Bridge. 2.5.1.3 Generate a summary of the results of the proposed model compared to the existing model. Submit to CLIENT for cursory review. 2.5.1.4 Proposed condition shall meet the "No -Rise" criteria. Verify no insurable structures will be impacted by the bridge replacement. 2.5.1.5 Perform preliminary scour analysis. 2.5.1.6 Contact the U.S. Army Corps of Engineers (USACE) regarding the Project and provide a preliminary description of the Project. Establish appropriate number of reviews and timeline to secure 408 permit. 2.5.2 Advance the preliminary design of the preferred alternatives to a level of detail compatible with Local Public Agency Projects let by the Iowa DOT. 2.5.2.1 Obtain supplemental topographic survey, utility information, and related modifications related to construction based on the preferred alternatives. 2.5.2.2 Develop bridge and approach roadway layout details and limits of work. 2.5.2.3 Develop Situation Plan and Site Plan sheets (TS&L) to level of detail consistent with Iowa DOT Bridges and Structures Bureau Preliminary Design deliverables. Utilize Iowa DOT Preliminary Plans checklist. 2.5.2.4 Perform independent quality and constructability reviews. 2.5.2.5 Submit TS&L and preliminary road plans to CLIENT and Iowa DOT for review. 2.5.2.6 Incorporate comments from CLIENT. Submit TS&L to Iowa DOT Local Systems Bureau and Bridges and Structures Bureau for review. 2.5.2.7 Submittal to be by electronic PDF. One (1) hard copy of all documents will be provided only if requested by the CLIENT. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Design Phase Services Page 2 of 7 Page 512 of 545 Stanley Consultants INC. Exhibit 1 Scope of Services 2.5.3 Develop plan details for USACE floodwall tie-in connections to new bridges. Include details for temporary flood protection closures at each end of Park Avenue Bridge. 2.5.3.1 Submit 30% plans to USACE for review and comment. 2.5.3.2 Conduct conference call with CLIENT and USACE to review details and comments. 2.5.4 Advance the preferred feature accent lighting design. Prepare exhibits showing location of LED lighting fixtures and light levels, colored renderings, and estimated construction costs. Submit to CLIENT for review. 2.5.5 CONSULTANT shall coordinate with CLIENT to incorporate any aesthetic features into the preliminary design. Aesthetic features could include items such as fencing style and color, metal railing style and color, handrail style and color, light pole styles, concrete form -liners, or other items that do not require specialized design. Aesthetics on barriers will be limited to details added to pre -approved crash tested barriers. 2.5.6 Continue to assist CLIENT and CN RR with abandonment of track crossing at 1 1th Street. 2.5.7 Contact and coordinate with utilities located on or near the bridge and approaches, per Iowa DOT's Instructional Memorandum "Utility Accommodation and Coordination". CONSULTANT to coordinate with each utility that may need to relocate, or be accommodated, to develop mitigation or relocation schedule. Include known utilities on construction drawings as appropriate. 2.5.8 Update design and approximate construction schedules. 2.5.9 Update Estimate of Probable Construction Cost using Iowa DOT bid item descriptions and recent awarded unit prices. 2.5.10 Attend one (1) review meeting with CLIENT and other stakeholders. Up to three (3) persons from CONSULTANT shall participate in meeting. CONSULTANT shall provide agenda and prepare and distribute meeting minutes. 2.5.11 Attend one (1) Public Information Meeting or one (1) City Council workshop. 2.5.11.1 Assist with preparation of exhibits if requested by the CLIENT. 2.5.11.2 Attend and support CLIENT led Public Information Meeting. Respond to questions as appropriate. 2.5.11.3 Coordinate with CLIENT to determine date of meeting. The meeting may be moved to other phases of the Project development schedule at the discretion of the CLIENT. 2.6 Supplemental Survey 2.6.1 Identify additional detailed survey needed based on the preferred alternative. 2.6.2 Conduct supplemental survey and add to previously developed survey files. 2.6.2.1 Critical apparent Right -of -Way (ROW) and property lines will be plotted based on available data including courthouse or deed research as needed. 2.6.2.2 Inverts at utility manholes will be collected. 2.6.2.3 Limited traffic control will be included in the field survey by the survey field crew as required to conduct work. 2.6.3 Temporary and permanent easements plats will be developed and submitted to CLIENT for ROW acquisitions. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Design Phase Services Page 3 of 7 Page 513 of 545 Stanley Consultants INC. Exhibit 1 Scope of Services 2.6.4 DELIVERABLES: 2.6.4.1 All supplemental survey data will be added to previously delivered MicroStation/Open Roads format using Iowa DOT coding methods, linework and layers. 2.6.4.2 Up to one (1) acquisition plat will be developed and submitted to CLIENT. 2.6.4.3 Up to twenty (20) temporary easement plats will be developed and submitted to CLIENT. 2.7 Geotechnical Exploration 2.7.1 Develop a Drilling Program Plan in accordance with USACE ER-1110-1-1807 utilizing the approved Situation Plan for locations. Drilling Plan will need separate permit approval from USACE Section 408 and shall be prepared and submitted by CONSULTANT to the CLIENT appropriate with the design schedule. CLIENT will submit application to USACE for approval prior to mobilization. 2.7.2 Exploration to include up to seven (7) borings at each bridge with six (6) additional borings for each corridor for retaining walls, flood wall closures, and approach roadway. 2.7.3 Include bedrock coring at bridge borings. 2.7.4 Develop geotechnical report including boring plan, boring logs, and results of laboratory testing, and slope stability analyses. Include recommendations for abutments slopes, feasible foundation types, pile/rock capacities for use in foundation design of bridge and retaining walls, and recommendations for addressing any potential settlement. 2.7.5 Geotechnical plan sheets to include SPS' sheets for bridge soil borings, 'CS' sheet tabulations as required, and `Q' sheets for roadway and retaining wall borings. 2.7.6 Incorporate comments received from the CLIENT. Submit Final, signed and sealed, geotechnical report. Submittal to be by electronic PDF. One (1) hard copy of report will be provided only if requested by the CLIENT. 2.8 Final Design / Construction Documents 2.8.1 Finalize hydraulic model and scour analysis. 2.8.1.1 Update hydraulic model for any changes during preliminary design. 2.8.1.2 Perform hydraulic analysis and design of any scour protection requirements, if needed. 2.8.1.3 Document results in a Hydraulic Analysis Report including "No -Rise" Certification. 2.8.1.4 Prepare and submit the Joint Application to Iowa DNR (for Floodplain Construction and Sovereign Lands permits) and to USACE in accordance with Section 404. Application material shall be submitted by CONSULTANT appropriate with the design schedule. Facilitate a coordination meeting or conference call, with the agencies to discuss the Project, if needed. 2.8.1.5 Prepare Flood Contingency Plan and any navigational river signage for construction phase. 2.8.1.6 Prepare Section 408 review request. CONSULTANT to submit application to USACE. 2.8.2 Complete structural, roadway, and bridge lighting analysis and calculations. 2.8.2.1 Bridge Design to be designed in accordance with the IowaDOT Bridge Design Manual and the AASHTO LRFD Bridge Design Specification 2.8.2.2 Retaining Walls to be designed in accordance with the Iowa DOT Bridge Design Manual and the AASHTO LRFD Bridge Design Specification Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Design Phase Services Page 4 of 7 Page 514 of 545 Stanley Consultants INC. Exhibit 1 Scope of Services 2.8.2.3 Roadway Design includes road, drainage, sidewalks, stairs, retaining walls, landscaping islands, intersection detailing, entrances, utility relocations, coordination with structures, lighting, landscape architect 2.8.2.4 Trails to be tied to roadway and existing trail system along the river. Detailed grading, coordination with retaining walls and flood walls. 2.8.2.5 Lighting includes safety lighting for roadway and sidewalk/bike lanes. 2.8.2.6 Floodwall tie-in details to be designed in accordance with USACE requirements. 2.8.2.6.1 Develop details in flood protection walls and roadway surface to permit temporary flood protection closure installations at Park Avenue. 2.8.2.6.2 Develop details for reconstructing river walls under west end span at Park Avenue. 2.8.2.6.3 No effort to reconstruct floodwalls or levees beyond immediate connections to the proposed bridges. 2.8.2.6.4 This bridge replacement project is not a flood control system project and no part of this scope of services shall be construed as such. This Project will tie into existing flood control system and other facilities. CONSULTANT is not in any way verifying the effectiveness or suitability of any existing flood control system, as such work is outside the scope of work herein. 2.8.3 Develop final structural, roadway, and lighting quantities. 2.8.4 Develop Traffic Control and Detour Plan, including necessary recreational trail staging/phasing drawings for review and comment by the CLIENT. 2.8.5 Develop accent feature bridge lighting plan, details, schedule for conduit locations and for new LED lighting fixtures. 2.8.6 Complete independent quality and constructability reviews. 2.8.7 Prepare Pre -Check Plans (60% plan development) and Check Plans (95% plan development), technical specifications, and Estimate of Probable Construction Costs using Iowa DOT bid item descriptions and appropriate unit prices. Submit Pre -Check Plans to CLIENT for review and comment. Submit Check Plans to CLIENT, Iowa DOT, and USACE for check plan review. 2.8.7.1 Plans to be developed using Microstation with the Iowa DOT workspace. 2.8.7.2 Utilize Iowa DOT standard details where appropriate. 2.8.7.3 Reference the current edition of the Iowa DOT bridge and roadway standard specifications including modification in the General Supplemental Specifications, Developmental Specifications, and Special Provisions. 2.8.7.4 Check Plans to be complete to a level of detail consistent with Iowa DOT Office of Bridges and Structures Final Design deliverables including bill of materials for use in unit price contract. Utilize and follow Iowa DOT Instructional Memorandums for Final Design. Check Plans shall be considered 95% complete and shall be biddable construction documents with only minor changes expected upon review. 2.8.7.5 Incorporate aesthetic features as determined during preliminary design. 2.8.7.6 Prepare Special Provisions, if applicable. 2.8.7.7 Include Construction Storm Water Pollution Prevention Plan and notes, as applicable. Obtain Iowa DNR General Permit #2 for each bridge. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Design Phase Services Page 5 of 7 Page 515 of 545 Stanley Consultants INC. Exhibit 1 Scope of Services 2.8.8 Continue coordination with utilities located on or near the bridge and approaches, per Iowa DOT's Instructional Memorandum "Utility Accommodation and Coordination". Include known utilities on construction drawings as appropriate. 2.8.8.1 Continue coordination with Waterloo Water Works regarding relocated water main near the Park Avenue bridge. 2.8.8.2 Continue coordination with MidAmerican Energy Company for 1 1th Street natural gas main relocation. 2.8.8.3 Develop utility relocation plans. Submit plans to CLIENT and utility owner to review and approval in advance of Final Plans submittal. 2.8.9 Attend one (1) review meeting with CLIENT and other stakeholders as needed. Up to three (3) persons from CONSULTANT shall participate in meeting. CONSULTANT shall provide agenda and prepare and distribute meeting minutes. 2.8.10 Incorporate CLIENT, Iowa DOT, and USACE review comments, complete Final Plans and submit to CLIENT and Iowa DOT. Utilize and follow Iowa DOT Instructional Memorandums for Final Design. Final Plans shall be 100% complete. 2.8.10.1 Signed and sealed drawings. 2.8.10.2 Signed and sealed specifications and special provision, if needed. 2.8.10.3 Final Estimate of Probable Construction Cost. 2.8.10.4 Final Electronic CADD files in microstation format. 2.8.10.5 Send completed "Project Development Certification", Iowa DOT Form 730002, to CLIENT for review and signature and include with Final Plans submittal to Iowa DOT. 2.8.10.6 Submittal to be by electronic PDF. Two (2) hard copies of all documents will be provided to the CLIENT. 2.8.10.7 Submit electronic bid item information using the Iowa DOT's web -based Bid Items Application. 2.8.11 Provide new bridge load rating report for each bridge including special haul vehicle and other rating vehicles per Iowa DOT rating guidelines. PART 3 — BIDDING PHASE SERVICES The CONSULTANT shall provide Bidding Phase Services consisting of those described in paragraph 3.1 3.1 Bidding Phase 3.1.1 Assist CLIENT in answering questions or responding to Iowa DOT during bid period. 3.1.2 Assist CLIENT to prepare and issue addenda as appropriate to clarify, correct, or change bidding documents to Iowa DOT. CONSULTANT's Basic Services and Bidding Phase Services will be considered complete on the date when the CLIENT and Iowa DOT award the project to a Contractor through at the conclusion of the Bidding Process Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Design Phase Services Page 6 of 7 Page 516 of 545 Stanley Consultants INC Exhibit 1 Scope of Services SCHEDULE ** Concept Statement to Iowa DOT = By July 14, 2020 (Submitted in June) 30% Preliminary Plans to CLIENT = By October 5, 2020 60% Pre -Check Plans to CLIENT = By November 16, 2020 USACE 408 Review Request = By November 30, 2020 Joint Application to Iowa DNR/USACE = By November 30, 2020 ** Preliminary Plans to Iowa DOT = By January 12, 2021 90% Check Plans to CLIENT = By February 1, 2021 ** 90% Check Plans to Iowa DOT = By March 9, 2021 ** Final Plans and PDC to Iowa DOT = April 20, 2021 ** Letting = July 20, 2021 ** Dates listed on IowaDOT Attachment B to I.M. 3.010 "Submittal Dates for Federal -aid Local Public Agency Projects Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Design Phase Services Page 7 of 7 Page 517 of 545 CITY OF WATERLOO Council Communication Resolution approving construction of Phase II of the FY 2020 Asphalt Overlay Program, Contract No. 992. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 SUBJECT: Resolution approving construction of Phase II of the FY 2020 Asphalt Overlay Program, Contract No. 992. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Source of Funds: Local Option Sales Tax Background Information: Project is based on Local Option Sales Tax estimates provided by the Iowa Department of Revenue. Resolution passed and adopted on July 20, 2020 states that the City Engineer will return to council for discussion and a notice to proceed will be issued to the contractor in order to proceed with the second phase of the project. Page 518 of 545 CITY OF WATERLOO Council Communication Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, and authorizing the Mayor to execute said documents. City Council Meeting: 9/8/2020 Prepared: 9/2/2020 ATTACHMENTS: Description Type ❑ IGT Backup Material SUBJECT: Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: Approve S ummary S tatement: This Intergovernmental Transfer Agreement (Agreement) is entered into between the Iowa Department of Human Services (IDHS) and the ground emergency medical transportation (GEMT) Provider. It provides for an intergovernmental transfer of funds to the IDHS from the GEMT Provider in order to provide the non-federal share of the reconciled cost reimbursement amount for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider is authorized by House File (HF) 2285 of the 2018 Iowa legislative session to enter into and carry out an Intergovernmental Transfer (IGT) Agreement to transfer funds through IGTs to the IDHS for use as the non-federal share of Medicaid expenditures. Page 519 of 545 INTERGOVERNMENTAL TRANSFER OF PUBLIC FUNDS AGREEMENT BETWEEN THE IOWA DEPARTMENT OF HUMAN SERVICES AND City of Waterloo, Iowa Ground Emergency Medical Transportation Provider (GEMT Provider) This Intergovernmental Transfer Agreement (Agreement) is entered into between the Iowa Department of human Services (IDHS) and the ground emergency medical transportation (GEMT) Provider. It provides for an intergovernmental transfer of funds to the IDHS from the GEMT Provider in order to provide the non-federal share of the reconciled cost reimbursement amount for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider is authorized by House File (IIF) 2285 of the 2018 Iowa legislative session to enter into and carry out an Intergovernmental Transfer (IGT) Agreement to transfer funds through IGTs to the IDHS for use as the non-federal share of Medicaid expenditures. AGREEMENT GEMT Program Compliance. Attached hereto as Exhibit A is State Plan Amendment IA-19-002 (SPA), which address the GEMT Program. The GEMT Provider shall at all times comply with all requirements of the SPA. 2. Compliance with Provider Agreement and GEMT Program Eligibility. The GEMT Provider's Iowa Medicaid Provider Agreement is incorporated herein by reference. The parties stipulate to the inclusion of any future amendments or replacement of any such provider agreements by this reference. The GEMT Provider hereby represents, warrants and covenants that is and at all relevant times will be an Eligible GEMT Provider as that term is defined in the SPA. If at any time the GEMT Provider's status changes such that it is no longer an Eligible GEMT Provider, the GEMT Provider shall immediately notify the IDHS. 3. Fund Transfer. The GEMT Provider agrees to transfer funds to IDHS at the times and in the amounts determined in accordance with the following paragraphs of this Agreement. The transfer shall be made prior to the payment by IDHS for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider will transfer funds to IDHS equivalent to the non-federal share of the payments to be made upon notification by IDHS. 4. Funds Certification. The GEMT Provider shall certify that the funds transferred qualify for federal financial participation (FFP) pursuant to 42 CFR part 433 subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as State match, impermissible taxes, and non -bona fide provider -related donations. Impermissible sources do not include revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. Updated July 30, 2020 Page 520 of 545 5. Record Retention and Access. The parties agree that each shall maintain necessary records and supporting documentation applicable to the uncompensated Medicaid cost associated with GEMT services payments to assure that claims for total funds and federal funds are in accordance with applicable federal requirements, including but not limited to those record retention requirements set forth in the SPA. The parties agree to make those records available to the parties and to any and all state or federal oversight authorities immediately upon request. 6. Notices: Any written notice required by this Agreement shall be sent to: For:City of Waterloo, Iowa GEMT Provider PrintedNarne:Jason Hernandez Title: Mayo r Address:425 E 3rd Street Waterloo, IA 50703 E-mail address Jason.Hernandez@Waterloo-IA.org For IDHS: Printed Name: Iowa Medicaid Enterprise Title: Provider Cost Audit and Rate Setting Unit Address: b 11 5 th Avenue Des Moines, IA 50309 E-mail address: costaudit@dhs.state.ia.us dhs.state.ia.us 7. Repayment Obligation: In the event that any State and/or federal funds are deferred and/or disallowed as a result of any audits or expended in violation of the laws applicable to the expenditure of such funds, the GEMT Provider shall be liable to the Agency for the full amount of any claim disallowed and for all related penalties incurred. The requirements of this paragraph shall apply to the GEMT Provider as well as any subcontractors of the GEMT Provider. To the extent that the GEMT Provider receives Updated July 30, 2020 Page 521 of 545 payments that exceed the permissible amount allowed pursuant to the SPA, the parties hereby deem the excess funds received by the GEMT Provider to be an "overpayment" subject to return to the IDHS within 60 days pursuant to Section 2.5 of the Provider Agreement. 8. Assignment: This Agreement is not assignable. 9. No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit the IDHS and the GEMT Provider. 10. Amendment: This Agreement may be modified at any time by the written agreement of both parties. 11. Term & Termination: This Agreement covers the period beginning on or after July 1, 2021 and ending June 30, 2022. This Agreement may be canceled by either party after giving thirty (30) days prior notice in writing to the other party. All obligations of the parties incurred or existing under this Agreement as of the date of expiration or termination survive the expiration or termination of the Agreement. 12. Execution: In consideration of the mutual covenants in this Agreement and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Agreement and have caused their duly authorized representatives to execute this Agreement. City of Waterloo, Iowa GEMT Provider Signature Date Printed Name Mayor Title IOWA DEPARTMENT OF HUMAN SERVICES Director Date Updated July 30, 2020 Page 522 of 545 Attachment A — Approved State Plan Amendment IA-49-002 Page 523 of 545 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16d - IOWA Methods and Standards for Establishing Payment Rates for Other Types of Care Supplemental payment for publicly owned or operated ground emergency medical transportation providers This program provides supplemental payments for eligible Ground Emergency Medical Transportation (GEMT) providers that meet specified requirements and provide GEMT services to Iowa Medicaid members. Supplemental payments provided by this program are available only for the uncompensated and allowable direct and indirect costs incurred by eligible GEMT providers while providing GEMT services to Iowa Medicaid members. The supplemental payment covers the gap between the eligible GEMT provider's total allowable costs for providing GEMT services as reported on the GEMT services cost report and the amount of the base payment, mileage, and all other sources of reimbursement. The supplemental payment amounts shall be calculated annually on a prospective basis after the conclusion of each state fiscal year (SFY). Payments shall not be paid as individual increases to current reimbursement rates as described in other parts of this state plan for GEMT services. This supplemental payment applies only to Iowa Medicaid services rendered to Iowa Medicaid members by eligible GEMT providers on or after July 1, 2019. A. Definitions 1. "Department" means the Iowa Department of Human Services. 2. "Direct Costs" means all costs that can be identified specifically with particular final cost objectives in order to meet all medical transportation mandates. 3. "Shared Direct Costs" are direct costs that can be allocated to two or more departmental functions or cost objectives on the basis of shared benefits. 4. "Indirect Costs" means costs for a common or joint purpose benefitting more than one cost objective that are allocated to each benefiting objective using an agency approved indirect rate or an allocation methodology. Indirect costs rate or allocation methodology must comply with 2 C.F.R. Part 200 and CMS non -institutional reimbursement policy. State Plan TN it IA-19-002 Effective July 1, 2019 Superseded TN it NEW Approved July 12, 2019 Page 524 of 545 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16e- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 5. "Eligible GEMT Provider" means a provider who is eligible to receive supplemental reimbursement because it meets all of the following requirements continuously during the claiming period: a. Provides Ground Emergency Medical Transportation services to Iowa Medicaid members. b. It is a provider that is enrolled as an Iowa Medicaid provider far the period being claimed. c. Is owned or operated by an eligible governmental entity, to include the state, a city, county, fire protection district, community services district, health care district, federally recognized Indian tribe or any unit of government as defined in 42 C.F.R. Sec. 433.50. 6. "Dry Run" means a run that does not result in either a transport or a delivery on -site of Medicaid covered services. 7. "GEMT Transport" means GEMT services provided by eligible GEMT providers to individuals and does not, include dry runs as defined in Paragraph, A.6. 8. "GEMT Services" means both the act of transporting an individual from any point of origin to the nearest medical facility capable of meeting the emergency medical needs of the patient, as well as the advanced, limited -advance, and basic life support services provided to an individual by GEMT providers before or during the act of transportation. a. "Advanced Life Support" means special services designed to provide definitive prehospital emergency medical care, including but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration with drugs and other medicinal preparations, and other specified techniques and procedures. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 525 of 545 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16f- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers b. "Limited -Advanced Life Support" means special services to provide prehospital emergency medical care limited to techniques and procedures that exceed basic life support but are less than advanced life support services. c. "Basic Life Support" means emergency first aid and cardiopulmonary resuscitation procedures to maintain life without invasive techniques. 9. "Service Period" means the period from July 1 through June 30 of each SFY. 10. "Shift" means a standard period of time assigned for a complete cycle of work, as set by each eligible GEMT provider. The number of hours in a shift niay vary by GEMT provider, but will be consistent to each GEMT provider. B. Supplemental Reimbursement Methodology — General Provisions 1. Computation of allowable costs and their allocation methodology must be determined in accordance with Medicaid cost principles at 2 C.F.R. Part 200, which establish principles and standards for determining allowable costs and the methodology for allocating and apportioning those expenses to the Iowa Medicaid program, except as expressly modified below. 2. Iowa Medicaid base payments to the GEMT providers for providing GEMT services are derived from the Ambulance provider fee schedule established for reimbursements payable by the Iowa Medicaid program by procedure code. The base payments for these eligible GEMT providers are fee -for -service (FFS) payments. The primary source of paid claims data and other Iowa Medicaid reimbursements is the Iowa Medicaid Management Information System (IA-MMIS). The number of paid Iowa Medicaid FFS GEMT transports is derived from and supported by the IA-MMIS reports for services during the applicable service period. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 526 of 545 State/Territory: Attachment 4.19-B Revised Submission 7.10.19 PAGE - 16g- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 3. The total uncompensated care costs of each eligible GEMT provider available to be reimbursed under this supplemental payment program will equal the shortfall resulting from the allowable costs determined using the Cost Determination Protocols (Section C.) for each eligible GEMT provider rendering GEMT services to Iowa Medicaid members net of the amounts received and payable from the Iowa Medicaid program and all other sources of reimbursement for GEMT services provided to Iowa Medicaid members. If the eligible GEMT providers do not have any uncompensated care costs, then the provider will not receive supplemental reimbursement under this supplemental payment program. 4. The Iowa Medicaid supplemental payment under this segment are the uncompensated care costs for GEMT services provided by eligible GEMT providers to Iowa Medicaid members as determined by the Prospective Supplemental Payment Amount (Section D.). C. Cost Determination Protocols An eligible GEMT provider's specific allowable cost per-GEMT transport rate will be calculated based on the provider's audited financial data reported an the GEMT services cost report. The per-GEMT transport cost rate will be the sum of actual allowable direct, shared direct, and indirect costs of providing GEMT services (excluding cost associated with dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) divided by the actual number of GEMT transports (including dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) provided for the applicable service period. a. Direct costs for providing GEMT services include only the unallocated payroll costs for the shifts in which personnel dedicate 100 percent of their time to providing GEMT services, medical equipment and supplies, and other costs directly related to the delivery of covered services, such as first -line supervision, materials and supplies, professional and contracted services, capital outlay, travel, and training. These costs must be in compliance with Medicaid non -institutional reimbursement policies and are directly attributable to the provision of the GEMT services. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 527 of 545 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16h- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers b. Shared direct costs for GEMT services must be allocated for personnel, capital outlay and other costs; such as medical supplies, professional and contracted services, training and travel. The personnel costs will be allocated based on a percentage of total hours logged performing GEMT services activities versus other service activities. The capital and other shared direct costs will be allocated based on the percentage of total call volume. c. Indirect costs are determined by applying the cognizant agency specific approved indirect cost rate to its total direct costs (Paragraph C.1.a) or derived from provider's approved cost allocation plan. Eligible GEMT providers that do not have a cognizant agency approved indirect cost rate or approved cost allocation plan, the costs and related basis used to determine the allocated indirect costs must be in compliance with Medicaid cost principles specified at 2 C.F.R. Part 200. d. The GEMT provider specific per-GEMT transport cost rate is calculated by dividing the total net GEMT services allowable costs (Paragraph C.1.a, C.1.b, and C.1.c) of the specific provider by the total number of GEMT transports provided by the provider for the applicable service period. D. Prospective Supplemental Payment Amount 1. The Department will calculate annual prospective supplemental payment amounts for eligible GEMT provider on a per-GEMT transport basis. The per-GEMT transport prospective supplemental payment amount for each provider is based on the provider's completed annual cost report in the format prescribed by the Department for the applicable cost reporting year. The Department will make adjustments to the as -filed cost report based on the results of the most recently retrieved IA-MMIS report. 2. Each eligible GEMT provider must compute the annual cost in accordance with the Cost Determination Protocols (Section C.) and must submit the completed annual as - filed cost report, to the Department five (5) months after the close of the service period. State Plan TN # 1A-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 528 of 545 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16i- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 3. The prospective supplemental payment amount is calculated by subtracting from Iowa Medicaid's portion of the total GEMT allowable costs (Paragraph C.1) from the as -filed cost report adjusted by the Department (Paragraph D.1), the total Iowa Medicaid base payments (Paragraph B.2) and other payments, such as Iowa Medicaid co -payments, received by the providers for providing GEMT services to Iowa Medicaid members. The result of this calculation is the uncompensated care costs for GEMT services provided to Iowa Medicaid members. 4. The result in Paragraph D.3 is divided by the Iowa Medicaid GEMT transports (including dry runs as defined in Paragraph A.6) from the as -filed cost report adjusted by the Department to calculate the per-GEMT services prospective supplemental payment amount. This amount will be paid prospectively, in addition to the Iowa Medicaid base payments (Paragraph B.2) on a claim by claim basis. 5. The prospective supplemental payment amount will be updated the following July I, and every year thereafter, following submission and review of the cost report. Specifically, the prior year's uncompensated care amount per Medicaid transport will be paid as an adjustment to the following year's base rate. E. Eligible GEMT Provider Reporting Requirements Eligible GEMT providers shall: 1. Submit the GEMT services cost report no later than five (5) months after the close of the CY, unless a provider has made a written request for an extension and such request is granted by the Department. 2. Provide supporting documentation to serve as evidence supporting information on the submitted cost report and the cost determination as specified by the Department. 3. Keep, maintain, and have readily retrievable, such records as specified by the Department to fully disclose reimbursement amounts to which the eligible government entity is entitled, and any other records required by CMS. State Plan TN # 1A-19-002 Superseded TN # NEW Effective July 1, 2019 Approved July 12, 2019 Page 529 of 545 State/Territory: Revised Submission 7.10.19 Attachment 4.19-I:3 PAGE - 16j- IOWA Supplemental payment for publicly owned or• operated ground emergency medical transportation providers 4. Comply with the allowable cost requirements provided in 2 C.F.R. Part 200, and Medicaid non -institutional reimbursement policy. F. Department Responsibilities 1. The Department will submit to CMS claims for GEMT services that are allowable and in compliance with federal laws and regulations and Medicaid non -institutional reimbursement policy. 2. The Department will, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims will include only those expenditures that are allowable under federal law. 3. The Department may conduct on -site audits as necessary and will complete the audit within two years of the postmark date of the accepted cost report. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 530 of 545 Page 531 of 545 CITY OF WATERLOO Council Communication An ordinance rescinding Ordinance No. 5123 and Resolution No. 2012-656, the vacate sale and conveyance of portions of Jackson and Merriman Streets. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 ATTACHMENTS: Description D Ordinance No. 5123 D Resolution No. 2012-656 Vacate of portion of Jackson and Merriman Streets Aerial ❑ Jackson and Merriman Streets vacate pics ❑ Jackson and Merriman Streets vacate application SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Backup Material Backup Material Backup Material Backup Material Backup Material Motion to receive. file. consider, and pass for the first time an ordinance rescinding Ordinance No. 5123, an ordinance vacating portions of Jackson and Merriman Streets, and rescinding Resolution No. 2012-656, a resolution authorizing the sale and conveyance of portions of Jackson and Merriman Streets for $1.00, plus costs to Union Baptist Church. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval of the action to rescind the previous ordinance vacating the streets and resolution authorizing the sale and conveyance of the streets. At the June 25, 2012 Council meeting there was a hearing and action on a request by Union Baptist Church at 130 Jackson Street to vacate, sell and convey the portion of Jackson Street south of Shilliam Street, and the portion of Merriman Street west of Halstead Street, and Ordinance No. 5123 and Resolution No. 2012-656 were adopted. The church was asking to vacate and purchase the right-of-way with plans to develop a mini -storage development on vacant land already owned by the church, as well as the vacated streets. As part of the proposed project, a water line was going to have to be relocated at an estimated expense of over $20,000, which is why the City was agreeing to sell the land for $1.00. However the project did not move forward, the water line has not been relocated, and the streets have remained open to the public, and have continued to be maintained as public streets. The Engineering Department is requesting the action to rescind the previous actions since the streets are remaining open to the public. Other issues with the vacate action that rescinding the previous action addresses includes the fact that there is a platted alley that is dead -ended if the streets are vacated, which is against policy to vacate right-of-way in a manor that Page 532 of 545 creates a dead-end right-of-way without area for a turn -around, and the action vacated Jackson Street, which the church is addressed from, which would require that the check be re -addressed off of Shilliam Street as it would no longer have any frontage along Jackson Street. Expenditure Required: None. Source of Funds: N/A Policy Issue: Land Use Alternative: Legal Descriptions: If the previous action is not rescinded, the church would need to close off the street to the public, relocate the public water line, submit an additional request to vacate the dead -ended alley, and re -address the church from Shilliam Street. That part of Jackson Street lying southerly of the southerly right of way line of Shilliam Avenue, that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street, and the unplatted southeasterly extension of Jackson Street and the unplatted northwesterly extension of Merriam Street which connect on a curve crossing Lots 5 and 6 in Block 7, Shilliam's 3rd Subdivision, City of Waterloo, Iowa. Page 533 of 545 11111111111111111111111111111 Doo ID: 004898020001 Type: OEN Kind: ORDINANCE Recorded: 08/31/2012 at 08:50:42 AM Fee Amt: $7.00 Pape 1 of 1 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2013-00004433 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. ORDINANCE NO. 5123 AN ORDINANCE VACATING PORTIONS OF JACKSON AND MERRIMAN STREETS, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of Jackson Street lying southerly of the southerly right of way line of Shilliam Avenue, that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street, and the unplatted southeasterly extension of Jackson Street and the unplatted northwesterly extension of Merriam Street which connect on a curve crossing Lots 5 and 6 in Block 7, Shilliam's 3rd Subdivision, City of Waterloo, Iowa; shall be, and the same is hereby vacated, subject to the following conditions: 1. That the applicant shall be responsible for removal and disposal of the street and sidewalk located within the area to be vacated. 2. The City will not transfer ownership to the applicant until a contract is in place with the Waterloo Water Works to relocate the water line in Jackson and Merriman or that an easement is put in place over the entire area in question. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: June 25, 2012 June 25, 2012 June 25, 2012 June 25, 2012 PASSED AND ADOPTED br the City Council of the City of Waterloo, Iowa, on the 25t day of June, 2012, and approved by the Mayor on the 25th day of June, 2012. ATTEST: uzy Sch res, CMC City Clerk rnest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5123, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25th day of June, 2012. Witness my hand and seal of office this 25th day of June, 2012: zy Scyares, CMC City Clerk j Page 534 of 545 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1391931 ORDINANCE NO. 5123 AN ORDINANCE VAC notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 08/22/2012, in the issues of 08/22/2012 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $16.46 Signed Subscribed and sworn to before me this day of SUE AL 14-7 COAMIIIISSION WO. 761t-f16 _Sf$1'-I EXPIRES ary Publ Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER ORDINANCE NO. 5123 AN ORDINANCE VACATING POR- TIONS OF JACKSON AND MERRIMAN STREETS. IN THE CITY OF WATER LOO. BLACK HAWK COUNTY, IOWA. BE IT OFF ORDAINED HE CtETDY OF WATERLOO, THE CITY t[O- WA, as follows: That pert of Jackson Street lying south- erly of the southerly right of way Tine of Statham Avenue, that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street, and the unplalted southeasterly extension of Jackson Street and the unplatled north- westerly extension of Merriam Street which connect on a curve crossing Lots 5 and B in Block 7, Shiltiam's 3rd Subdl-' vision, City of Waterloo; Iowa; shell be, and the same Is hereby vacat- ed, subject td thefollowing conditions: 1.Thet the applicant shell be responsible for removal end disposal of the street and sidewalk IAe_ atad,withtn the area to be vacated. 2.The City. wli€ not transfer ownership to the applicant until a contract -Is In place with the Waterloo Water .Works to retc- -cats the water line In Jackson and Marti- ' Men or that.an easement Is put In place over the entire 'amain question. - INTRODUCED: • - June 25, 2012 PASSED 1st CONSIDERATION: • - : June26,2012 PASSED 2nd CONSIDERATION: • June 25,2012 'PASSED. 3rd CONSIDERATION: ' 'June 25, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, lows. on the 25th day o1 June, 2012, and ap- proved by the Mayor on the 25th day of June; 2012. Emeat G. Clerk, Mayor , ATTEST: Suzy Scheree, CMG City Clerk ' • Page 535 of 545 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-656 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF PORTIONS OF JACKSON AND MERRIMAN STREETS FOR $1.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $1.00, plus costs, has been made by Union Baptist Church, and WHEREAS, a public hearing was held on June 25, 2012, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Union Baptist Church, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on June 21, 2012, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Union Baptist Church to purchase real property for the sum of $1.00, and costs, be and it is hereby accepted for real property described below: That part of Jackson Street lying southerly of the southerly right of way line of Shilliam Avenue, that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street, and the unplatted southeasterly extension of Jackson Street and the unplatted northwesterly extension of Merriam Street which connect on a curve crossing Lots 5 and 6 in Block 7, Shilliam's 3rd Subdivision, City of Waterloo, Iowa. 3. That the City of Waterloo, Iowa, convey said parcels of real property to Union Baptist Church by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Union Baptist Church. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Union Baptist Church upon receipt of the sum of $1.00, and costs. Page 536 of 545 Resolution No. 2012-656 Page 2 PASSED AND ADOPTED this 25th day of June, 2012. ..,e4AP-vt 4g:-/ Ernest G. Clark, [ ayor ATTEST: Suzy S City C Page 537 of 545 Request to Vacate Portions of Jackson Street and Merriman Street by Union Baptist Church at 130 Jackson St Area Requested to be Vacated Jackson Street and Merriman Street Vacate Request Standing at the intersection of Merriman Street and Halstead Street looking at the portion of Merriman Street to be vacated. Standing at the intersection of Jackson Street and Shilliam Street looking at the portion of Jackson Street to be vacated. Page 539 of 545 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 -Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Applicant , ` - .;', dress: Z(j l c�rC eta -r` Phone General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows {checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price {see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & mist., demolition, remove of curbs, etc): a() 000 % r s r le) cd Asking price — Deductions = Value of Property: Offer Price for Entire Area: e Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applicat„r Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 540 of 545 CITY OF WATERLOO Council Communication FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018. City Council Meeting: 9/8/2020 Prepared: 9/1/2020 SUBJECT: Submitted by: S ummary S tatement: Source of Funds: Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Resolution of necessity and setting date of public hearing as September 28, 2020. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Transmitted herewith are the proposed schedule of assessments, plats, and breakdown of project costs on the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018. Property Owner Assessments Page 541 of 545 CITY OF WATERLOO Council Communication Complete Streets minutes of July 21, 2020. City Council Meeting: 9/8/2020 Prepared: 8/26/2020 ATTACHMENTS: Description Type u minutes Cover Memo SUBJECT: Complete Streets minutes of July 21, 2020. Submitted by: Submitted By: Page 542 of 545 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting July 21, 2020 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm July 21, 2020 by Vice -Chairperson Leseman. Due to the COVID-19 epidemic the meeting was held via the Zoom online meeting application. Roll Call: Members present electronically: Felicia Cass, Paul Huting, Mohammad Elahi, Ray Feuss, Brian Schoon, Pat Morrissey, Wayne Castle, Codie Leseman, Jessica Rucker, Kevin Blanshan, and John Dornoff was present as the designated member for Aric Schroeder. Members absent were: Janet Buls, Will Frost, Dan Trelka, Jeff Bales, Abraham Funchess, and Greg Young. Other people attending: David Sturch — Met Transit. Schroeder will add Sturch to the emailing list. It was moved by Morrissey, seconded by Rucker to approve the minutes of the June 16, 2020 meeting. Motion carried unanimously. MPO Pedestrian Master Plan and Safe Routes to School • Instead of doing a detailed plan, will circle areas on the map that could use infill projects. • Leseman went over the major points of the plan. • Public hearings were last held back in 2017. • At that time the public was invited to vote for their priority projects with top 20 being: 1. East High School trail from MLK Jr. trail to Park Avenue bike lanes. 2. Safe Routes to Highland Elementary 3. Safe Routes to Cunningham School 4. Safe Routes to Lincoln but changed to Cedar Bend, Longfellow, and Donald. 5. North Side Sidewalk Connectivity 6. Vinton Sidewalk Infill 7. Sager and Huntington (Fred Becker and Central Middle School) 8. Lafayette near Evansdale 9. Independence from end of sidewalk near Expo School and the Bishop St. Trail 10. S. Hackett Subdivision 11. Exchange Park Neighborhood Connectivity 12. East Ridgeway Sidewalk 13 Hammond Avenue Easton to San Marnan 14. Mitchell, Easton, Oregon and La Porte Road Sidewalks 15. Park Avenue Complete Streets Improvements 16. Downtown Curb Extensions 17 Kimball Avenue Sidewalks from Mitchell to Park Road 18. Progress Avenue & Loma Street Sidewalks 19. East 4th Street Pedestrian Bridge 20. West 4th Sidewalk from Sheridan to Ansborough • Blanshan stated that he thought the list was a little backwards as the East 4th Street Bridge should be a priority project. • Discussion on how the committee should weigh in on the listed projects. Page 543 of 545 Complete Streets Advisory Committee July 21, 2020 • All projects would cost $25 million but that includes projects that are in Cedar Falls. • Next step is to put the plan into words. • Should the committee's recommendations be specific or should they just look at the general area. • When it comes to Safe Routes to School Becker Elementary would be simple recommendations, George Washington Carver Academy would have more complicated recommendations especially considering the Iowa Northern Railway being located to the south, with Cunningham School of Excellence would have difficult recommendations. • It is time to reevaluate the Safe Routes to School projects since it has been nearly a decade. Upcoming Planning Commission Agenda Review • Dornoff went over the Planning, Programming and Zoning Commission agenda. Park and 11th Streets • Feasibility Study done. • Work session next Monday about the project, which will include renderings, planning staff will need to send out the link to the work session to the committee. • Would like to have Stanley at the next meeting or possibly have a special meeting. Other Project Updates • The Franklin Street project has been put on hold possibly for several years. • Shaulis Road Trail Extension o Met with HR Green o Bike Trail to start where existing trail ends, then cross Shaulis at the entrance to the theme park and proceed to the intersection of US 218/Shaulis/Hess Road. o Eventually will extend to Cedar Valley Nature Trail but there is many items to work out due to flooding in area. • Ridgeway Avenue Study o Consultant has completed the study. o 1 recommendation includes an 8' trail with no right of way acquisitions. o Another would require 17 feet of right of way on the north side but include trail and sidewalk. • Jefferson/Commercial o Work on street reconstruction is proceeding with streetscape work coming after the recon is done. • Met Transit o MET does have funding for bus shelters. o However, will need to look at the bus changes to ensure shelters do not go where bus routes will change. Other Discussion 2 Page 544 of 545 Complete Streets Advisory Committee July 21, 2020 None Adjournment Leseman adjourned the meeting at 3:12p.m. Respectfully submitted, John Dornoff Planner I 3 Page 545 of 545