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HomeMy WebLinkAboutCouncil Packet - 12/28/2020 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Meeting will be held virtually via Zoom. Visit haps✓/cityofwaterlooiowa.coni/register and register to receive the Zoom meeting information. Please contact the City Clerk's Office at 319-291-4323 with questions. Monday, December 28, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1)time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem)discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one(1)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one(1) issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 88 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Sharon Juon, At-Large Council Member Agenda, as proposed or amended. Minutes of December 21, 2020, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving award of bid to Arends Excavating, of Waterloo, Iowa, in the amount of $588,788.26, and approving the contract, bond, and certificate of insurance, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer 3. Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in an amount not to exceed $1,580,506.81, and approving the contract, bond, and certificate of insurance, in conjunction with FY 2021 Highway 63 Enhancements from Washington Street to Parker Street Project, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS Page 2 of 88 a. (2) Police Lieutenants and (5) Police Sergeants Class/Meeting: FBI-LEEDA Supervisor Liability Training Destination: Waterloo, IA Dates: January 4-29, 2021 Amount not to exceed: $2,450 2. LIQUOR LICENSES a. Waterloo Black Hawks Hockey, 125 Commercial Street *Ownership U pdate* Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 12/15/2021 3. APPOINTMENTS a. Craig White Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2023 Re-Appointment b. Melvin Wittwer Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2023 Re-Appointment C. Mike Mrzlak Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2023 Re-Appointment d. Randall Miller Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2023 Re-Appointment e. Marilyn Robinson Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2023 Re-Appointment f. Eric Ritland Board/Commission: Cultural and Arts Commission Expiration Date: December 31, 2023 Re-Appointment g. Jane Messingham Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: December 31, 2021 Re-Appointment Page 3 of 88 h. Andrew Robeson Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: December 31, 2021 Re-Appointment i. John Chiles Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: December 31, 2021 Re-Appointment j. Mark lehl Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: December 31, 2023 Re-Appointment k. Blake Hamer Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: December 31, 2021 Re-Appointment I. David Deeds Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: December 31, 2023 Re-Appointment m. Elizabeth O'Malley Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: December 31, 2021 Re-Appointment n. Michael Young Board/Commission: Telecommunications Board Expiration Date: December 28, 2026 o. Matt Schindel Board/Commission: Complete Streets Advisory Committee Expiration Date: New Appointment p. John Dornoff Board/Commission: Complete Streets Advisory Committee Expiration Date: New Appointment q. Sandie Greco Board/Commission: Complete Streets Advisory Committee Expiration Date: New Appointment r. Anne Marie Kofta Board/Commission: Complete Streets Advisory Committee Page 4 of 88 Expiration Date: New Appointment S. David Sturch Board/Commission: Complete Streets Advisory Committee Expiration Date: New Appointment RESOLUTIONS 2. Resolution authorizing an exception to the City Of Waterloo's Purchasing Procedures Policy to approve the purchase of a Mixed Liquor Recycle Pump from Electric Pump of Des Moines, Iowa, in the amount of$127,833.27. Submitted By: Matt Hosford, Collections Systems Project Director 3. Resolution approving a five (5) year agreement, with Air Methods Corporation of Greenwood Village, Colorado, for a Ground Lease of 8,060 square feet of raw land for operation of an Air Ambulance business, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 5 of 88 CITY OF WATERLOO Council Communication Minutes of December 21, 2020, Regular Session, as proposed. City Council Meeting: 12/28/2020 Prepared: ATTACHMENTS: Description Type ❑ Minutes of December 21, 2020 Resolution Letter Submitted by: Submitted By: Page 6 of 88 December 21, 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, December 21, 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: Patrick Morrissey, Ward 3 Council Member 159398 - Juon/Amos that the Agenda, as proposed, for the Regular Session on Monday, December 21, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159399 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, December 14, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS There were no comments. 159400 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159401 - Juon/Amos that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated December 21, 2020, in the amount of$3,606,400.99 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. 2020-898. 2. Resolu4i . C,the request of iSA Deveiopment, LLG, for-tax exemptions on and l,,eatea within the Conselida4ed rT,.t,a Revitalization Area (GURA). 3. Resolution approving the request of CRF Rentals, LLC, for tax exemptions on the construction of home improvements valued at $15,000, for property located at 520 Boston Avenue and located within the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2020-899 4. Resolution approving the request of Brenda Ingalls for tax exemptions on the construction of home improvements valued at$16,000 for the property located at 216 Center Street and located within the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2020-900 5. Resolution approving the request of Grant Franzen and Catherine Schulle for tax exemptions on the construction of a new single family home valued at $380,408, for property located at 1729 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-901 Page 7 of 88 December 21, 2020 Page 2 6. Resolution approving the request of Wesley Bro for tax exemptions on the construction of a new single family home valued at$420,000, for property located at 5045 Mercedes Bend, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-902 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of$3,222,553.02, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-903 8. Motion approving Final Quantity Summary for a net decrease of$159,473.08, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. 9. Resolution approving request of Betty Marshall for a waiver for a concrete driveway located at 163 Trible Road, 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. 2020-904 10. Resolution approving cancellation of sidewalk assessment for 1017 Independence Avenue, in the amount of$202.45, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-905 11. Resolution approving the request of JSA Development, LLC, for tax exemptions on the construction of a new structure valued at $75,000, for property located at 123 E. 4th Street and located within the Consolidated Urban Revitalization Area(CURA). Noel Anderson, Community Planning and development director explained there is a new commercial building at this location, Anton's Garden. Resolution adopted and upon approval by Mayor assigned No. 2020-906 b. Motion to approve the following: 1 Travel Requests Name & Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Tyler Janssen, Water and Wastewater Cedar December $541 Maintenance Operator Training Rapids, IA 10,11, 17,18, Certification Program 2020 b. Officer Christopher Basic Officer Certification Johnston, IA January 4 $9,070 Kubli (ILEA) through April 21, 2021 c. Todd Wright, Reliant Fire -Pierce fire Appleton, February 15- $3,020 Garage Mechanic truck wiring and command WI 19, 2021 zone classes d. Officer Mark SRO and Beyond Waterloo, December 28- $299 Nissen IA 29, 2020 e. Six(6) Fire Blue Card Incident Online One Year $2,310 Lieutenants Command Certification Subscription 2• Approved Beer, Liquor, and Wine Applications Page 8 of 88 December 21, 2020 Page 3 Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Casey's General Store#2866, 51 E Liquor New 3/1/2021 x E. Tower Park Drive *Ownership Update* b. Casey's General Store#2879, E Liquor New 10/1/2021 x 3260 University Avenue *Ownership Update* c. Casey's General Store#2880, E Liquor New 10/1/2021 x 1604 LaPorte Road *Ownership Update* d. Casey's General Store#3880, E Liquor New 2/1/2022 x 1900 W. Ridgeway *Ownership Update* e. Golf Headquarters, 1850 W. B Beer Renewal 12/30/2021 x Ridgeway Avenue f. Liquor& Tobacco Outlet, 2844 B Wine/C Beer/E Renewal 1/31/2022 x University Avenue Liquor g. New Star Fletcher, 315 Fletcher B Wine/C Beer/E Renewal 11/29/2022 x Avenue Liquor h. S.A.C.'s Neighborhood Pub, E Liquor New 2/1/2022 x 2000 Hawthorne Avenue *Ownership Update* i. Spectra Venue Management, 200 C Liquor w/Outdoor Renewal 1/31/2022 x W. 4th Street Service and Catering j. The Other Place, 360 E. C Liquor Renewal 1/25/2022 x Ridgeway Avenue k. The Screaming Eagle American C Liquor w/Outdoor Renewal 1/13/2022 x Bar and Grill, 228 E. 4th Street Service 1. Waterloo Black Hawks Hockey, C Liquor w/Outdoor Renewal 12/15/2021 x 125 Commercial Street Service 3. Motion approving Change Order No. 1 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $12,939, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document.: 4. Motion approving Change Order No. 6 with Cardinal Construction, of Waterloo, Iowa, for a net increase of$2,766.53,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 159402 - Morrissey/Grieder that "Resolution approving a Memorandum of Understanding with the Orange Neighborhood Association to communicate with the Association regarding development or improvements identified in the MOU area, and authorizing the Mayor and City Clerk to execute said document", be adopted. Mr. Henning thanked the council for working with the Orange Neighborhood Association. Mr. Grieder, as ward representative in the Orange neighborhood expressed his appreciation to the council for moving in a new direction with their relationship, and that it is fruitful for both parties. Mr. Morrissey asked that there be discussions at the beginning of the year to bring forward a Memorandum of Understanding for Church row as well for approval. Mayor Hart asked that they contact Ms. Felisha to start that process. Mr. Boesen commented that he would hope we wouldn't need an MOU for every neighborhood association and be diligent as a city to provide information to each neighborhood association as projects come forward. Page 9 of 88 December 21, 2020 Page 4 Mrs. Juon concurred with Mr. Boesen's comments, in that this should be ongoing services through Neighborhood Services. Mr. Amos explained the circumstances behind the Walnut and Orange Neighborhood MOUs were specific to construction/demolition, circumstances which created a special need for communication by both the City and citizens. Mayor Hart explained underlying circumstances for both Walnut and Orange Neighborhood MOUs and thought the council and Neighborhood Services could begin conversations by February with regards to future planning for projects. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-908 159403 - Morrissdy/Grieder that"Resolution approving a Fire and EMS agreement with Black Hawk Nursing Realty, LLC, d.b.a. Pillar, to provide fire and EMS protection, 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. 2020-909 159404 - Klein/Juon that"Resolution approving a Professional Service Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed$89,800,in conjunction with a traffic engineering study for the 4th, 5th, and 6th Streets conversion of one-way couplets to two-way project, 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. 2020-910 159405 - Klein/Juon that "Resolution approving Supplemental Agreement No. 5, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $34,960, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Highway 218 Project, Contract No. 1020, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-911 ADJOURNMENT 159406 - Amos/Feuss that the Council adjourn at 5:50 p.m. Voice vote-Ayes: Seven. Motion carried. LeAnn M. Even, CMC, IaCMC Deputy City Clerk Page 10 of 88 CITY OF WATERLOO Council Communication Resolution approving award of bid to Arends Excavating, of Waterloo, Iowa, in the amount of$588,788.26, and approving the contract, bond, and certificate of insurance, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 12/28/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ Contract Backup Material Resolution approving award of bid to Arends Excavating, of Waterloo, Iowa, in the amount of$588,788.26, and approving the contract, bond, and SUBJECT: certificate of insurance, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Matt Schindel, Associate Engineer Expenditure Required: $588,788.26 Source of Funds: Page 11 of 88 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2021 LEVERSEE ROAD LIFT STATION x CITY OF WATERLOO, IOWA CONTRACT NO. 983 This contract made and entered into this day of 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and ARENDS EXCAVATING of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2021 LEVERSEE ROAD r LIFT _STATION,_ Contract No. 983, and furnish all necessary tools, equipment, materials,and labor necessary to do all the work called for in the Y plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction l and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. E PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. k FORM OF CONTRACT PAGE I OF 5 PAGES Page 12 of 88 f PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and this project shall have a split completion date. Work required to allow, at minimum, manual use of the lift station by intended users shall be completed by June 1, 2021; all other work, including final commissioning of the lift station and all other site work shall be completed by July 1, 2021. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR, 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon FORM OF CONTRACT PAGE 2 OF 5 PAGES Page 13 of 88 1 or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within i ten (10) days after a notice to continue or carry it on has been mailed to it at ` the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of g money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. r i FORM OF CONTRACT PAGE 3 OF 5 PAGES Page 14 of 88 PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $688,788.26. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond,"and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder ing ood order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) day notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) _ months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES Page 15 of 88 CITY OF WATERLOO, IOWA Mayor E City Clerk f Arends Excavating Contractor f. BY: Title: 0 Approved by the City Council of the City of Waterloo, Iowa, this day of 120 ATTEST: , City Clerk Waterloo, Iowa i i i i i I i i FORM OF CONTRACT PAGE 5 OF 5 PAGES Page 16 of 88 3 3 1 Bond No.05936251 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we Arends Excavating LLC of 3768 W Airline Hwy,Waterloo, fA 50703 (the "Principal"), and Old Republic Surety Company of 1415 28th St.,Suite 420, West Des Moines,1A 50266 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Five Hundred Eighty-Eight Thousand Seven Hundred and Eighty Eight Dollarsand 261100 Dollars { , 88,788.20 lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of F.Y. 2021 Leversee Road Lift Station The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Page 17 of 88 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and ail of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Arends Excavating LLC Old Republic Surety Company Name Name By: B-,/�? y, Title: M-e—m ID-4-,r _ Title: Lukas Schroder,Attorney-in-Fact [attach Power of Attorney] Performance Bond Page 2 of 2 Page 18 of 88 I NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND, If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: 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 where the project is located. I Performance Bond Page 3 of 2 Page 19 of 88 i OLD REPUBLIC SURETY COMPANY * Or POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stuck insurance corporation,does make,constitute and appoint ROBERT L KOLLSMITH,JACQUELINE K.PETERS,M LYNN KIMBLE.TIMOTHY J FOLEY,JASON D.SMITH,SAMANTHA SPILMAN,DAVID M.OWEN, JENNIFER LUSS,JAMES M SMITH,LUKAS SCHRODER.AARON COLLINS,LAURI A MENEOUGH,DORA STEVENS,KURT E.FELLER,OF CEDAR RAPIDS, IA its true and lawful Attorney(s)-in-Fact,with fill power and authority, for and on behaf f of the company as surety,to execute and daliverand affix the seal of the company thereto(if a seal is requircd),bands,undertakings,reeognizances or other written obligations in the nature thereof, (other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bunds,guarantees of installurent paper and note guaranty bonds,Sell'insur-ance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WR1TI'EN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the-acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This appointment is made under and by authority of the board of directors ata special meeting held on February 18, 1982, This Power of Attorney is signed and scaled by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunctiotr with the secretary orany assistant secretary,may appoint altmneys-in-fact Gr agents with authority as defined or limited in the instrument evidencing the appointment in each cast,for and on behalf of the company to execute and deliver and-affix the seal of the company to bonds,undertakings,reeognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted w such person_ RESOLVED FURTHER,that any band,undertaking,recognizance,or suretyship obligation shall be valid and binding upon file Company (i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and Countersigned andscaled(if a seal be required)by a duly authorized attorney-in-Cast or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-Pact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authnriring the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and erect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal In be affixed this 10TH day of DECEMBER,2020L OLD REPUBLIC SURETY COMPANY A[AU 4 q++ ';4 suer•,., jy AssislantSecrotarySEAL F STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS �,. ^' President On this IOTH day of DECEMBER,2020 personally came before me, Alan Pavlic and gren J I laf_faer ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they cath acknowledged the execution of the same,and being by nne duly sworn,did severally depose and say; that they are the said officers o£the corporation aforesaid,and that the seal affixed to the above instrument is the seal of tfre corporation,and that said corporate seal and their signatures as such officers kers were duty affixed and subscribed to the said instrument by the authority of the board of directors of said corporation, ?p7A�r5 k YL , Ems nu p 1 Notafy Public f My commission expires; 9/2$/2022 CERTif'ICATB (Expiratton of-notary-commisslon.does not invalidate thls Instrument) 1,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full farce and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attomey,are now in force. 40-5UG6 +�JG ��� -, Signed and scaled at the City of Brookfield,WI this day of Vi SEAL * �' r r` r Assistant Secretary TRUENORTH COMPANIES,L.C. 22851-W NOAORS 10202o Page 20 of 88 i Bond No.05936251 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Arends Excavating LLC (Name of Contractor) 3768 W Airline Hwy,Waterloo,IA 50703 (Address of Contractor) a Partnership hereinafter called Principal, (Corporation, Partnership or Individual) and Old Republic Surety Company (Name of Surety) 1415 28th St.,Suite 420,West Des Moines,IA 50266 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo,IA (Name of Owner) 715 Mulberry St,Waterloo,IA 50703 (Address of Owner) Five E lundred Seven Hundre,l and hereinafter called OWNER, in the penal sum 788.26 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20_, a copy of which is hereto attached and made a part hereof for the construction of: F.Y.2021 Leversee Road Lift Station E s l H NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or Page 21 of 88 used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in four(4) counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Arends Excavating LLC r Principal (Principal) Secre ry (SEAL) By (s) JEN HUNTLEY COMMlSM N .801014 3768 W Airline Hwy My MMI 10N IRES (Address) Waterloo,IA 50703 VA u.vv� witness as to Principal 3768 W Airline Hwy (Address) Waterloo,IA 50703 Old Republic Surety Company �— ATTEST: By Attorney-in-Fact 500 Ist Street SE Witness%s to Surety (Address) 500 1st Street SE Cedar Rapids,IA 52401 (Address) Cedar Rapids,IA 52401 Page 22 of 88 i NOTE; Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury f Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. ' i` i= i' 1' I'- I' ))L Ili 1, L' P G } L t V Page 23 of 88 A6"R" CERTIFICATE OF LIABILITY INSURANCE RATE.{MMIPPIYYYYI 12/21/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL_INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT TrueNorth Companies, L.C. FAX 500 1st St SE :319-366-2723 AIC No):319-862-0612 PHONE E-MAIL Cedar Rapids IA 52401 ADDRESS: certs0truenorthcom anies.com INSURER(S)AFFORDING COVERAGE MAIC 0 INSURER A:United Fire&Casualty Company 13021 INSURED ARENEXC-01 INSURER B; ��^^" ._._„— Arends Excavating LLC 3768 W Airline Hwy INSURER C: Waterloo IA 50703 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:290753898 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. XP INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDYlYEFFMMjUDYIY - LIMITS LTR A X COMMERCIAL GENERAL LIABILITY Y 60521221 12/7/2020 12!712021 EACHOCCURRENCE $1,000,000 FIVI DAMAGE TO RNTED CLAIMS-MADE l�._J OCCUR PREM SES EaEoccurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIFS PFR: GENERAL AGGREGATE $2,000,000 POLICY�JEn 7 LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y 60521221 12!712020 12/7/2021 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS ___....m.._,..._m..,m....._,_.._ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident 1 $ A X UMBRELLALIAB X OCCUR 60521221 12f712020 12!712021 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 OED W RETENTIONS $ A WORKERS COMPENSATION 60521221 1277/2020 12!712021 X AND EMPLOYERS'LIABILITY YIN STATUTE EORH ANYPROPRIETORIPARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT $500,000 OFFICERIMEMBEREXCLUDED? NIA ---.--- .- ---..-.--- ._.-.--. (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 €f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A LeasedlRented Equipment 60521221 121`712020 12(712021 LeasedlRented Limit 200,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedute,may be attached Ir more space Is required) If Yes is indicated above for add'I insd forms Gen Liab#CG7201 07117(premises&completed operations),Auto Liab CA7109 01117 applies. if Yes is indicated above for waiver of subrogation forms Gen Liab#CG7201 07117,Auto Liab CA7109 01117 applies.Coverage is extended for work performed and required under written contract with the above named insured. 30 Day Notice of Cancellation Applies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE.ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Waterloo 715 Mulberry St Waterloo IA 550703 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 24 of 88 CITY OF WATERLOO Council Communication Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in an amount not to exceed $1,580,506.81, and approving the contract, bond, and certificate of insurance, in conjunction with FY 2021 Highway 63 Enhancements from Washington Street to Parker Street Project, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/28/2020 Prepared: 12/22/2020 ATTACHMENTS: Description Type ❑ Cont 1029—Contract Backup Material Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in an amount not to exceed $1,580,506.81, and approving SUBJECT: the contract, bond, and certificate of insurance, in conjunction with FY 2021 Highway 63 Enhancements from Washington Street to Parker Street Project, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt Schindel.Associate Engineer At a Iowa Department of Transportation letting on December 15, 2020, bids were open for the F.Y. 2021 Highway 63 Enhancements from Parker Street to Washington Street, Contract No. 1029, with Vieth Construction Summary Statement: Corporation, of Cedar Falls, Iowa, as the apparent low bidder in the amount of$1,580,506.81. Source of Funds: TAP FUNDS GO BONDS Page 25 of 88 CONTRACT Letting Date: Dec 15, 2020 10:00 A.M. Contract ID: 07-8155-774 Call Order No.: 103 County: BLACK HAWK Project Engineer: AECOM Cost Center: 849300 Object Code:890 DBE Commitment: $48,000.00 Contract Work Type: PCC SIDEWALK/TRAIL This agreement made and entered by and between the Contracting Authority, CITY OF WATERLOO and Contractor, VIETH CONSTRUCTION CORPORATION Vendor ID: V1035 City: CEDAR FALLS State: IA It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if any, for project(s) listed herein, together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. Contractor, for and in considerations of$ 1,580,506.81 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contractor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public Registration Number), if applicable. In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and according to the requirements of the specifications the amounts set fourth, subject to the conditions as set forth in the specifications. It is further understood and agreed that the above work shall also be commenced or completed in accordance with Contract Time of this Contract and assigned Notes. To accomplish the purpose herein expressed, the Contracting authority and Contractor have signed this and one other identical instrument. For Federal-Aid Contracts the Contractor certifies that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the contract. Page 26 of 88 12/17/2020 18:03:06 C,JIOWADOT SMARTER I SIMPLER I CUSTOMER MMAASHTOWare Pro ectTM Version 4.3 Revision 023 Page 1 of 4 Contract Project(s) Contract ID: 07-8155-774 Call Order No.: 103 Letting Date: Dec 15, 2020 10:00 A.M. Project Number:TAP-U-8155(774)--81-07 County: BLACK HAWK Project Work Type: PCC SIDEWALK/TRAIL Accounting ID: 37266 Location:On US 63 from Parker St S 1.7 miles to Washington St Route:TRAIL Federal Aid - Predetermined Wages are in Effect Page 27 of 88 12/17/2020 18:03:06 C4010WADOT SMARTER ISIMPLER ICUSTOMER DRIVEN AASHTOWare ProI ectTM Version 4.3 Revision 023 Page 2 of 4 Contract Time Contract ID: 07-8155-774 Call Order No.: 103 Letting Date: Dec 15, 2020 10:00 A.M. Site ID Site Details Liquidated Damages 00 Late Start Date 05/24/2021 100 WORK DAYS $1,000.00 (*)-Indicates Cost Plus Time Site. See Schedule of Items for Cost Per Unit Page 28 of 88 12/17/2020 18:03:06 C4010WADOT SMAAiER I SIMPLER I CUSiOMEA URIVEN AASHTOWare ProI ectTM Version 4.3 Revision 023 Page 3 of 4 Notes Contracts ID: 07-8155-774 Call Order No.: 103 Letting Date: Dec 15, 2020 10:00 A.M. Notes *** SPECIALTY ITEMS *** The following items are considered specialty items for this project: LIGHTING POLES ELECTRICAL CIRCUITS HANDHOLES AND JUNCTION BOXES UNDERDECK LIGHTING (LI-120) ('EACH' ITEM) BANNERS, AS PER PLAN ('EACH' ITEM) COLUMNS, AS PER PLAN ('EACH' ITEM) LIGHTS, AS PER PLAN ('EACH' ITEM) LIMESTONE BLOCK (2'H X 3'W X 61) ('EACH' ITEM) TRAIL SIGNS, AS PER PLAN ('SQUARE YARDS' ITEM) COLORED, TOOLED PORTLAND CEMENT CONCRETE TREES AUTUMN BLAZE MAPLE, 2.5" CAL. B&B TREES COMMON HACKBERRY, 2.5" CAL. B&B TREES ESPRESSO COFFEETREE, 2.5" CAL. B&B TREES FLAME AMUR MAPLE, 1.5" CAL. B&B TREES GROUNDCOVER (FEATHER REED GRASS, 1 GAL. CONT.) TREES NORTHERN CATALPA, 2.5" CAL. B&B TREES NORTHERN RED OAK, 2.5" CAL. B&B TREES NORWAY MAPLE, 2.5" CAL. B&B TREES NORWAY SPRUCE, 8' HT. B&B TREES PRAIRIEFIRE CRABAPPLE, 1.5" CAL. B&B TREES PRINCETON AMERICAN ELM, 2.5" CAL. B&B TREES SKYLINE HONEYLOCUST, 2.5" CAL. B&B TREES SPRING SNOW CRABAPPLE, 1.5" CAL. B&B TREES SUGAR MAPLE, 2.5" CAL. B&B TREES SWAMP WHITE OAK, 2.5" CAL. B&B TREES THORNLESS COCKSPUR HAWTHORN, 1.5" CAL. B&B WATERING FOR PLANTS When performed by subcontract, the cost of the specialty items so performed by subcontract may be deducted from the total cost before computing the amount of work required to be performed by the Prime Contractor with his/her own organization. Refer to Article 1108.01 of the Standard Specifications. Page 29 of 88 12/17/2020 18:03:06 C4010WADOT SMARTER ISIMPLER ICUSTOMER DRIVEN AASHTOWare ProI ectTM Version 4.3 Revision 023 Page 4 of 4 Contract Addenda Contract ID: 07-8155-774 Call Order No.: 103 Letting Date: Dec 15, 2020 10:00 A.M. The following is a list of Contract Addenda: 15DEC103.A01 15DEC103.A02 Page 30 of 88 12/17/2020 18:03:06 C,JIOWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN AASHTOWare ProI ectTM Version 4.3 Revision 023 Contract Specifications List Page 1 of 2 Contract ID: 07-8155-774 Call Order No.: 103 Letting Date: December 15, 2020 10:00 A.M. Note Description 001.2015 *** STANDARD SPECIFICATIONS -- SERIES 2015 *** The Iowa Department of Transportation STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION, SERIES 2015, plus applicable General Supplemental Specifications, Developmental Specifications, Supplemental Specifications AND Special Provisions shall apply to construction work on this contract. 500.01 *** WINTER WORK *** The free time allowed between November 15 and April 1 will not be permitted on this project. The Contractor shall work during the winter on all working days as defined in Article 1101.03 'Working Day'. FHWA-1273.05 FHWA-1273: REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS GS-15011 GENERAL SUPPLEMENTAL SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION IA20-28.0 PREDETERMINED WAGE RATE - GENERAL DECISION NUMBER IA20200028 FOR HEAVY AND HIGHWAY CONSTRUCTION -- STATEWIDE (EXCEPT SCOTT COUNTY) Note: The Contractor shall review the contract documents and is responsible for identifying which zone(s), as defined in the Predetermined Wage Rate specification, apply to the work on the contract. ***Additional Requirement*** The Prime Contractor shall submit certified payrolls for itself and each approved Subcontractor weekly to the Project Engineer. The Contractor may use the Iowa D.O.T. Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the Subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. Page 31 of 88 12/17/2020 18:03:06 C,JIOWADOT SMAAiERISIMPLER ICUSiOMEA URIVEN AASHTOWare ProI ectTM Version 4.3 Revision 023 Contract Specifications List Page 2 of 2 Contract ID: 07-8155-774 Call Order No.: 103 Letting Date: December 15, 2020 10:00 A.M. SP-157148 SPECIAL PROVISIONS FOR COLORED, TOOLED PORTLAND CEMENT CONCRETE Black Hawk County TAP-U-8155(774)--81-07 SP-157149 SPECIAL PROVISIONS FOR LIMESTONE Black Hawk County TAP-U-8155(774)--81-07 Page 32 of 88 12/17/2020 18:03:06 C,JIGWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN AASHTOWare Pro ectTM Version 4.3 Revision 023 Contract Schedule Page 1 of 6 Contract ID: 07-8155-774 Awarded Vendor: V1035 VIETH CONSTRUCTION CORPORATION SECTION 0001 PCC TRAIL ITEMS $1,580,506.81 Alt Set ID: Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0010 2101-0850002 73.000 CLEARING AND GRUBBING UNIT 75.00 5,475.00 0020 2102-2710090 1,536.500 EXCAVATION, CLASS 10,WASTE CY 25.00 38,412.50 0030 2105-8425015 562.000 TOPSOIL,STRIP,SALVAGE AND CY 20.00 11,240.00 SPREAD 0040 2109-8225100 13.200 SPECIAL COMPACTION OF STA 525.00 6,930.00 SUBGRADE 0050 2113-0001100 179.700 SUBGRADE STABILIZATION SY 6.25 1,123.13 MATERIAL, POLYMER GRID 0060 2115-0100000 816.400 MODIFIED SUBBASE CY 50.00 40,820.00 0070 2123-7450020 19.730 SHOULDER FINISHING, EARTH STA 575.00 11,344.75 0080 2312-8260050 30.000 GRANULAR SURFACING ON ROAD, CY 65.00 1,950.00 CLASS A CRUSHED STONE 0090 2401-6745356 5.000 REMOVAL OF CONCRETE FOOTINGS EACH 1,500.00 7,500.00 OF LIGHT POLES 0100 2403-0100000 48.400 STRUCTURAL CONCRETE CY 180.00 8,712.00 (MISCELLANEOUS) 0110 2404-7775000 3,196.000 REINFORCING STEEL LB 3.25 10,387.00 Page 33 of 88 12/17/2020 18:03:06 C,JIGWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN AASHTOWare Pro ectTM Version 4.3 Revision 023 Contract Schedule Page 2 of 6 Contract ID: 07-8155-774 Awarded Vendor: V1035 VIETH CONSTRUCTION CORPORATION SECTION 0001 PCC TRAIL ITEMS $1,580,506.81 Alt Set ID: Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0120 2416-0101036 1.000 REMOVE AND REINSTALL CONCRETE EACH 1,250.00 1,250.00 PIPE APRONS LESS THAN OR EQUAL TO 36 IN. 0130 2430-0000100 1,889.000 MODULAR BLOCK RETAINING WALL SF 22.00 41,558.00 0140 2435-0600010 6.000 MANHOLE ADJUSTMENT, MINOR EACH 500.00 3,000.00 0150 2503-0114224 14.000 STORM SEWER GRAVITY MAIN, LF 195.00 2,730.00 TRENCHED, REINFORCED CONCRETE PIPE(RCP),2000D (CLASS 111),24 IN. 0160 2511-0302600 1,630.500 RECREATIONAL TRAIL, PORTLAND SY 44.00 71,742.00 CEMENT CONCRETE,6 IN. 0170 2511-7528101 40.000 DETECTABLE WARNINGS SF 63.55 2,542.00 0180 2519-1001000 739.500 FENCE, CHAIN LINK,VINYL COATED LF 63.50 46,958.25 0190 2523-0000100 37.000 LIGHTING POLES EACH 4,763.00 176,231.00 0200 2523-0000200 2,617.000 ELECTRICAL CIRCUITS LF 15.00 39,255.00 0210 2523-0000310 4.000 HANDHOLES AND JUNCTION BOXES EACH 1,060.00 4,240.00 0220 2523-0000510 12.000 UNDERDECK LIGHTING(LI-120) EACH 850.00 10,200.00 Page 34 of 88 12/17/2020 18:03:06 C,JIGWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN AASHTOWare Pro ectTM Version 4.3 Revision 023 Contract Schedule Page 3 of 6 Contract ID: 07-8155-774 Awarded Vendor: V1035 VIETH CONSTRUCTION CORPORATION SECTION 0001 PCC TRAIL ITEMS $1,580,506.81 Alt Set ID: Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0230 2523-6765009 2.000 REMOVE AND REINSTALL LIGHT EACH 3,175.00 6,350.00 POLE AND LUMINAIRE 0240 2528-8445110 TRAFFIC CONTROL LUMP SUM 21,000.00 0250 2533-4980005 MOBILIZATION LUMP SUM 190,000.00 0260 2599-9999005 40.000 ('EACH'ITEM)BANNERS AS PER EACH 530.00 21,200.00 PLAN 0270 2599-9999005 4.000 ('EACH'ITEM)COLUMNS AS PER EACH 27,500.00 110,000.00 PLAN 0280 2599-9999005 4.000 ('EACH'ITEM)LIGHTS AS PER PLAN EACH 1,775.00 7,100.00 0290 2599-9999005 10.000 ('EACH'ITEM)LIMESTONE BLOCK(2'H EACH 400.00 4,000.00 X 3'W X 61) 0300 2599-9999005 4.000 ('EACH'ITEM)TRAIL SIGNS AS PER EACH 5,825.00 23,300.00 PLAN 0310 2599-9999018 5,118.300 ('SQUARE YARDS'ITEM)COLORED SY 95.00 486,238.50 TOOLED PORTLAND CEMENT CONCRETE 0320 2601-2634105 0.300 MULCHING, BONDED FIBER MATRIX ACRE 10,600.00 3,180.00 0330 2601-2636044 0.300 SEEDING AND FERTILIZING (URBAN) ACRE 10,600.00 3,180.00 Page 35 of 88 12/17/2020 18:03:06 C,JIGWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN AASHTOWare Pro ectTM Version 4.3 Revision 023 Contract Schedule Page 4 of 6 Contract ID: 07-8155-774 Awarded Vendor: V1035 VIETH CONSTRUCTION CORPORATION SECTION 0001 PCC TRAIL ITEMS $1,580,506.81 Alt Set ID: Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0340 2601-2642120 0.300 STABILIZING CROP-SEEDING AND ACRE 10,600.00 3,180.00 FERTILIZING(URBAN) 0350 2602-0000309 3,638.800 PERIMETER AND SLOPE SEDIMENT LF 3.75 13,645.50 CONTROL DEVICE, 9 IN. DIA. 0360 2602-0000350 3,638.800 REMOVAL OF PERIMETER AND LF 1.10 4,002.68 SLOPE SEDIMENT CONTROL DEVICE 0370 2602-0000500 72.000 OPEN-THROAT CURB INTAKE LF 32.00 2,304.00 SEDIMENT FILTER, EC-602 0380 2602-0000510 18.000 MAINTENANCE OF OPEN-THROAT EACH 53.00 954.00 CURB INTAKE SEDIMENT FILTER 0390 2602-0000520 18.000 REMOVAL OF OPEN-THROAT CURB EACH 53.00 954.00 INTAKE SEDIMENT FILTER 0400 2602-0000530 4.000 GRATE INTAKE SEDIMENT FILTER EACH 371.00 1,484.00 BAG 0410 2602-0000540 4.000 MAINTENANCE OF GRATE INTAKE EACH 160.00 640.00 SEDIMENT FILTER BAG 0420 2602-0000550 4.000 REMOVAL OF GRATE INTAKE EACH 160.00 640.00 SEDIMENT FILTER BAG 0430 2602-0010010 1.000 MOBILIZATIONS, EROSION CONTROL EACH 500.00 500.00 0440 2602-0010020 1.000 MOBILIZATIONS, EMERGENCY EACH 1,000.00 1,000.00 EROSION CONTROL Page 36 of 88 12/17/2020 18:03:06 C,JIGWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN AASHTOWare Pro ectTM Version 4.3 Revision 023 Contract Schedule Page 5 of 6 Contract ID: 07-8155-774 Awarded Vendor: V1035 VIETH CONSTRUCTION CORPORATION SECTION 0001 PCC TRAIL ITEMS $1,580,506.81 Alt Set ID: Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0450 2610-0000120 25.000 TREES AUTUMN BLAZE MAPLE 2.5 EACH 317.50 7,937.50 IN. CAL. B&B 0460 2610-0000120 28.000 TREES COMMON HACKBERRY 2.5 IN. EACH 317.50 8,890.00 CAL B&B 0470 2610-0000120 13.000 TREES ESPRESSO COFFEETREE 2.5 EACH 317.50 4,127.50 IN. CAL. B&B 0480 2610-0000120 20.000 TREES FLAME AMUR MAPLE 1.5 IN. EACH 265.00 5,300.00 CAL. B&B 0490 2610-0000120 224.000 TREES GROUNDCOVER(FEATHER EACH 9.00 2,016.00 REED GRASS 1 GAL. CONT.) 0500 2610-0000120 10.000 TREES NORTHERN CATALPA 2.5 IN. EACH 317.50 3,175.00 CAL. B&B 0510 2610-0000120 13.000 TREES NORTHERN RED OAK 2.5 IN. EACH 400.00 5,200.00 CAL. B&B 0520 2610-0000120 19.000 TREES NORWAY MAPLE 2.5 IN. CAL. EACH 400.00 7,600.00 B&B 0530 2610-0000120 11.000 TREES NORWAY SPRUCE 8' HT. B&B EACH 400.00 4,400.00 0540 2610-0000120 49.000 TREES PRAIRIEFIRE CRABAPPLE 1.5 EACH 240.00 11,760.00 IN. CAL. B&B 0550 2610-0000120 15.000 TREES PRINCETON AMERICAN ELM EACH 350.00 5,250.00 2.5 IN.CAL. B&B Page 37 of 88 12/17/2020 18:03:06 C,JIGWADOT SMARTER I SIMPLER I CUSTOMER DRIVEN AASHTOWare Pro ectTM Version 4.3 Revision 023 Contract Schedule Page 6 of 6 Contract ID: 07-8155-774 Awarded Vendor: V1035 VIETH CONSTRUCTION CORPORATION SECTION 0001 PCC TRAIL ITEMS $1,580,506.81 Alt Set ID: Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0560 2610-0000120 17.000 TREES SKYLINE HONEYLOCUST 2.5 EACH 350.00 5,950.00 IN. CAL.B&B 0570 2610-0000120 100.000 TREES SPRING SNOW CRABAPPLE EACH 240.00 24,000.00 1.5 IN. CAL. B&B 0580 2610-0000120 20.000 TREES SUGAR MAPLE 2.5 IN.CAL. EACH 350.00 7,000.00 B&B 0590 2610-0000120 29.000 TREES SWAMP WHITE OAK 2.5 IN. EACH 317.50 9,207.50 CAL. B&B 0600 2610-0000120 16.000 TREES THORNLESS COCKSPUR EACH 265.00 4,240.00 HAWTHORN 1.5 IN. CAL B&B 0610 2610-0000400 500.000 WATERING FOR PLANTS MGAL 32.00 16,000.00 Total Bid: $1,580,506.81 Page 38 of 88 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders, rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 Page 39 of 88 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 Page 40 of 88 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex, national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex, national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 Page 41 of 88 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics, including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship Contracting agencies may elect to apply these requirements to . the other projects. wage rates contained in the wage determination. The following provisions are from the U.S. Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 Page 42 of 88 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 Page 43 of 88 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds. Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor, Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 Page 44 of 88 d. Apprentices and Trainees(programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the clause set forth in paragraph(1.)of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 Page 45 of 88 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 Page 46 of 88 "Whoever, being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction. However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder, proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 Page 47 of 88 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred, ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended, proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 Page 48 of 88 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 Page 49 of 88 PREDETERMINED WAGE RATE IA20 - 28.0 General Decision Number: IA20200028 06/12/2020 Superseded General Decision Number: IA20200001 State: Iowa Construction Types: Heavy and Highway Counties: Iowa Statewide. STATEWIDE EXCEPT SCOTT COUNTY HEAVY CONSTRUCTION PROJECTS (Does not include work on or pertaining to the Mississippi or Missouri Rivers or on Water and Sewage Treatment Plants), AND HIGHWAY PROJECTS (does not include building structures in rest areas) Note: Under Executive Order(EO) 13658, an hourly minimum wage of$10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself,but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 06/12/2020 SUTA2020-001 10/18/2017 CARPENTER AND PILEDRIVERMEN: Rates Fringes ZONE 1 28.52 14.08 ZONE 2 26.73 14.08 ZONE 3 26.73 14.08 ZONE 4 26.25 11.50 ZONE 5 ** 25.15 9.90 CONCRETE FINISHER: ZONE 1 28.10 7.40 ZONE 2 28.10 7.40 ZONE 3 28.10 7.40 ZONE 4 25.45 6.40 ZONE 5 24.40 6.40 IA20200028 - 1 Page 50 of 88 PREDETERMINED WAGE RATE IA20 - 28.0 ELECTRICIAN(STREET AND HIGHWAY LIGHTING AND TRAFFIC SIGNALS) ZONE 1, 2, AND 3 25.05 6.80 ZONE 4 23.75 6.80 ZONE 5 21.60 6.80 IRONWORKER: (SETTING OF STRUCTURAL STEEL) ZONE 1 31.50 10.90 ZONE 2 29.41 10.90 ZONE 3 29.41 11.20 ZONE 4 27.35 9.90 ZONE 5 ** 25.50 9.45 LABORER: ZONE 1, 2, AND 3 GROUP AA 26.13 9.68 GROUP A 23.75 9.68 GROUP B 21.90 9.68 GROUP C 18.82 9.68 ZONE 4 GROUP A 21.27 9.08 GROUP B 19.95 9.08 GROUP C 17.07 9.08 ZONE 5 GROUP A 21.77 7.63 GROUP B 19.27 7.63 GROUP C 18.42 7.63 POWER EQUIPMENT OPERATOR: ZONE 1 GROUP A 32.55 14.90 GROUP B 31.00 14.90 GROUP C 28.50 14.90 GROUP D 28.50 14.90 ZONE 2 GROUP A 31.85 14.90 GROUP B 30.25 14.90 GROUP C 27.70 14.90 GROUP D 27.70 14.90 ZONE 3 GROUP A 29.70 24.65 GROUP B 27.90 24.65 GROUP C 26.90 24.65 GROUP D 26.90 24.65 ZONE 4 GROUP A 31.05 12.50 GROUP B 29.91 12.50 GROUP C 27.83 12.50 GROUP D 27.83 12.50 IA20200028 -2 Page 51 of 88 PREDETERMINED WAGE RATE IA20 - 28.0 ZONE 5 GROUP A 28.02 10.70 GROUP B 26.98 10.70 GROUP C 25.25 10.70 GROUP D 24.25 10.70 TRUCK DRIVER(AND PAVEMENT MARKING DRIVER/SWITCHPERSON) ZONE 1 24.45 11.15 ZONE 2 24.45 11.15 ZONE 3 24.45 11.15 ZONE 4 24.45 6.95 ZONE 5 22.50 6.95 ZONE DEFINITIONS ZONE 1 The Counties of Polk, Warren and Dallas for all Crafts, and Linn County Carpenters only. ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except Carpenters. ZONE 3 The Cities of Burlington, Clinton, Fort Madison, Keokuk, and Muscatine (and abutting municipalities of any such cities). ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion Counties; Clinton County (except the City of Clinton), Johnson County, Muscatine County (except the City of Muscatine), the City of Council Bluffs, Lee County and Des Moines County. ZONE 5 All areas of the state not listed above. LABORER CLASSIFICATIONS -ALL ZONES GROUP AA— {Skilled pipelayer(sewer, water and conduits) and tunnel laborers; Asbestos abatement worker} (Zones 1, 2, and 3). GROUP A—Carpenter tender on bridges and box culverts; curb machine (without a seat); deck hand; diamond& core drills; drill operator on air tracs, wagon drills and similar drills; form setter/stringman on paving work; gunnite nozzleman;joint sealer kettleman; laser operator; powderman tender; powderman/blaster; saw operator; sign erector*; {pipelayer(sewer, water, and conduits); tunnel laborer; Asbestos abatement worker} (Zones 4 and 5). GROUP B -Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain sawman; compressor(under 400 cfm); concrete finisher tender; concrete processing materials and monitors; cutting torch on demolition; drill tender; dumpmen; electric drills; fence erectors; form line expansion joint assembler; form tamper; general laborer; grade checker; handling and placing metal mesh, dowel bars, reinforcing bars and chairs; hot asphalt laborer; installing temporary traffic control devices;jackhammerman; mechanical grouter; painter(all except stripers); paving breaker; planting trees, shrubs and flowers; power broom(not self-propelled); power buggyman; rakers; rodman(tying reinforcing steel); sandblaster; seeding and mulching; IA20200028 - 3 Page 52 of 88 PREDETERMINED WAGE RATE IA20 - 28.0 sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman; underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work from bosun chair. GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier. POWER EQUIPMENT OPERATOR CLASSIFICATIONS -ALL ZONES GROUP A -All terrain(off road) forklift, Asphalt breakdown roller(vibratory); Asphalt laydown machine; asphalt plant; Asphalt screed; bulldozer(finish); central mix plant; concrete pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs)pullback and above); dragline and power shovel; dredge engineer; excavator(over '/2 cu. yd.); front end loader(4 cy and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor grader(finish); push cat; rubber tired backhoe (over '/2 cu. yd.); scraper(12 cu. yd. and over or finish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete paver; tow or push boat; trenching machine (Cleveland 80 or similar). GROUP B -Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle; Asphalt roller; belt loader or similar loader; bulldozer(rough); churn or rotary drill; concrete curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less than 60,000 (lbs)pullback); distributor; excavator(1/2 cu. yd. and under); form riding concrete paver; front end loader(2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired backhoe (1/2 cu. yd. and under); scraper(under 12 cy); screening, washing and crushing plant (mobile, portable or stationary); shoulder machine; skid loader(I cu. yd. and over); subgrader or trimmer; trenching machine; water wagon on compaction. GROUP C -Boom&winch truck; concrete spreader/belt placer; deep wells for dewatering; farm type tractor(over 75 hp.) pulling disc or roller; forklift; front end loader(under 2 cu. yd.); motor grader(rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well points; safety boat; self-propelled roller(other than asphalt); self-propelled sand blaster or shot blaster, water blaster or striping grinder/remover; skid loader(under 1 cu. yd.); truck mounted post driver. GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor (under 75 hp.)pulling disk, roller or other attachments; group greaser tender; light plants; mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch diameter); tree chipping machine; truck crane driver/oiler. ** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5) Setting of structural steel; any welding incidental to bridge or culvert construction; setting concrete beams. * ADDED CRAFT - SIGN ERECTOR --------------------------------------------------------------------------------------------------------------------- WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. IA20200028 -4 Page 53 of 88 PREDETERMINED WAGE RATE IA20 - 28.0 --------------------------------------------------------------------------------------------------------------------- Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded(and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member(or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)). --------------------------------------------------------------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. IA20200028 - 5 Page 54 of 88 PREDETERMINED WAGE RATE IA20 - 28.0 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. Example: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year,usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. --------------------------------------------------------------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue,N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue,N. W. Washington, D. C. 20210 IA20200028 - 6 Page 55 of 88 PREDETERMINED WAGE RATE IA20 - 28.0 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data,project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue,N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION IA20200028 - 7 Page 56 of 88 Doc Express Document Signing History Contract: 07-8155-774 Document: BO 103 07-8155-774 201215 CONTRACT This document is in the process of being signed by all required signatories using the Doc Express service.Following are the signatures that have occurred so far. Date Signed By (Signed by Contractor) (Local Public Agency View and Sign Performance Bond) (Local Public Agency Signed Contract(by Authorized Signatory)) (Check by Contracts and Specifications Bureau(DOT)) (Signed by Contracts and Specifications Bureau(DOT)) (Marked Completed by Contracts and Specifications Bureau(DOT)) Page 57 of 88 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City Of Waterloo's Purchasing Procedures Policy to approve the purchase of a Mixed Liquor Recycle Pump from Electric Pump of Des Moines, Iowa, in the amount of $127,833.27. City Council Meeting: 12/28/2020 Prepared: 12/22/2020 ATTACHMENTS: Description Type ❑ Memo to Waterloo Mayor and City Council Backup Material ❑ Electric Pump Backup Material Resolution authorizing an exception to the City Of Waterloo's Purchasing SUBJECT: Procedures Policy to approve the purchase of a Mixed Liquor Recycle Pump from Electric Pump of Des Moines, Iowa, in the amount of $127,833.27. Submitted by: Submitted By:Matt Hosford, Collections Systems Pro-ject Director Recommended Action: Approve resolution Expenditure Required: $127,763.80 Source of Funds: SEWER FUNDS Page 58 of 88 CITY OF WATERLOO , IOWA Waste Management Services yk 3505 Easton Avenue • Waterloo, IA 50702 • Phone(319)291-4553• Fax(319)291-4523 December 21, 2020 Mayor QUENTIN Memo to Waterloo Mayor and Council HART RE: Mixed Liquor Recycle Pump COUNCIL Background Discussion: Mixed Liquor Recycle pumps are a critical part of activated sludge MEMBERS ,,,,,,,,,,,,,,,,,,, wastewater treatment. In order to achieve and comply with The City of Waterloo's National Pollutant Discharge Elimination System limits for Total Nitrogen Standards a new and reliable MARGARET Mixed Liquor Pump must be sourced. KLEIN Ward I Recommended Action: It is recommended that the City Council approve the purchase of a Mixed JONATHAN Liquor Recycle pump from Electric Pump, Des Moines Iowa for the amount of$127,833.27 GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS,JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At-Large DAVE BOESEN At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 59 of 88 Page: 1 QUOTATION 4280E 14th Street 5 Des Moines IA 50313-2604 USA QUOTE NUMBER: 0140139 Telephone: (515)265-2222/FAX(515)265-8079 QUOTE DATE: 12/10/2020 ELECTRIC PUMP Toll Free 1-800-383-PUMP EXPIRE DATE 12/30/2020 www.electriepurM.com SALESPERSON: BRIAN FROST CUSTOMER NO: 2914323 QUOTED BY: JRF JOYCE QUOTED TO: JOB LOCATION: CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY STREET 715 MULBERRY STREET WATERLOO,IA 50703 WATERLOO,IA 50703 CONFIRM TO: BRIAN BOWMAN *** QUOTE ORDER- DO NOT PAY*** CUSTOMER P.O. SHIP VIA F.O.B. TERMS BRIAN BOWMAN BESTWAY ORIGIN Net 30 Days ITEM NUMBER UNIT ORDERED SHIPPED BACK ORDER AMOUNT WE ARE PLEASED TO OFFER THE FOLLOWING QUOTATION FOR REPLACEMENT FLYGT3501.715 MIX LIQUOR RECYCLE PUMP: * EACH 1.00 0.00 0.00 CP3501/715 485 IMP 60/460/3 50 CABLES 0000008230600 EACH 1.00 0.00 0.00 MONITOR,PUMP MAS800 BU /TCBW HOUR 4.00 0.00 0.00 TRAVEL-BOB WHITE /MIBW MILE 248.00 0.00 0.00 MILEAGE BOB WHITE /CPBW HOUR 4.00 0.00 0.00 CONTROL PANEL BOB WHITE /CPJB HOUR 4.00 0.00 0.00 CONTROL PANEL- JUSTIN BAKER ESTIMATED LEAD TIME IS 16 TO 20 WEEKS ARO. Electric Pump is committed to supplying you,our customer,the highest quality products&service. joycef@electricpump.com THANK YOU,JOYCE FROHWEIN All return goods must have written approval from Electric Pump,Inc. Net Order: 126,233.27 before returning. Credit will not be issued without written approval and Less Discount: 0.00 if applicable there will be a Restock Fee. Freight: 1,600.00 Sales Tax 0.00 Order Total• 127,833.27 ABOVE PRICING EFFECTIVE FOR 30 DAYS Page 60 of 88 CITY OF WATERLOO Council Communication Resolution approving a five(5)year agreement, with Air Methods Corporation of Greenwood Village, Colorado, for a Ground Lease of 8,060 square feet of raw land for operation of an Air Ambulance business, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/28/2020 Prepared: 12/22/2020 ATTACHMENTS: Description Type ❑ Lease Exhibit for Air Methods Ground Lease Backup Material ❑ Picture 1 of Crew Quarters Backup Material ❑ Picture 2 of Crew Quarters Backup Material ❑ Picture 3 of Crew Quarters Backup Material ❑ Picture 4 of Crew Quarters Backup Material ❑ Picture 5 of Crew Quarters Backup Material ❑ PDF Copy of Ground Lease Document Backup Material Resolution approving a five (5)year agreement, with Air Methods SUBJECT: Corporation of Greenwood Village. Colorado, for a Ground Lease of 8,060 square feet of raw land for operation of an Air Ambulance business, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve the above request by Airport Staff. This agreement allows Air Methods Corp. dba Air Care, the ability to Summary Statement: operate their Crew Base and Quarters /Office which is located west of Hangar No: 5, on the west side of the Airfield. This is a 5-Year agreement, via a Ground Lease Agreement, reflecting revenue per month to the City as follows: Year 1 - January 1, 2021 thru December 31, 2021 or$200.00 per month; Year 2 - January 1, 2022 thru December 31, 2022 or$225.00 per month; Year 3 - January 1, 2023 thru December 31, 2023 or$250.00 per month; Year 4 - January 1, 2024 thru December 31, 2024 or$275.00 per month; and, Expenditure Required: Year 5 - January 1, 2025 thru December 31, 2025, or$300.00 per month. Now, the above fixed annual escalators was requested by officials with Air Methods Corp., in contrast with historical Airport Industry accepted increases based on the Consumer Price Index(CPI)rating. As the airport director, I am fine with fixed annual increases in contrast with CPI increases every 5-year term. Page 61 of 88 Revenue to the airport department will continue, but still be less than had Source of Funds: they stayed as a tenant located at the passenger terminal building(two former airline office suites), but still nice to have this type of aviation business operation located on the airfield. This project request by Airport Staff, complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 1, and Strategy No: 1.3. Goal No: 3, and Strategy Nos:3.1 /3.3 /3.4/and 3.5. Goal No:4, and Strategy No:4.5. As the Airport Director, I remain thankful that officials have decided to Alternative: remain in Waterloo, in contrast with a prior thought for relocating to Waverly's health care center. When Air Care's contract expired in the summer of 2019, they needed an immediate transition from their previous location to the airport passenger terminal building-that would provide an temporary location until they could get into a more permanent location-thereby allowing more of a functional location for their air ambulance operation. During periods of adverse weather conditions,Air Methods is storing their helicopter in adjacent Hangar No: 5. Background Information: This project allows for a 5-year agreement, but provides three(3) 5-Year extension options, so as, I as the Airport Director hopes for a long term tenancy. NOTE -As included in the lease agreement, as the City of Waterloo is the property owner, monthly rent includes basic turf management during the non- winter seasons, and snow and ice control services during the winter season- which is no different than any other airport tenant on the airfield. This agreement has gone through a number of versions with legal reviews by Legal Descriptions: my office as Airport Director, and with the assistance by Martin Petersen, City Attorney, and finally the legal counsel for Air Methods, Corp. Page 62 of 88 AirCare Crew Quarters Site Plan — Waterloo Airport (v3 - 09.21.20) N Fuel Aircraft Trailer Parking %� Electric Outlet Post AirCare Crew Quarters Bldg. 70' 50' 58 Hangar 5 Electric Septic 124' Distro Box 56' Water 27' Main 38' ' Posts/ Cones 0 Crew Vehicle lo Parking Hangar 2 . ''7rlr• err t�r 4+,'it•, .�7. . f��e o r irr��. f. j ' Pag 3 of 88 i - ,•fir�,r •�''sr. 1• � • _ � •'� y�r ��y T •fir - y _� ' - 1 RR y + Page 65 of 88 Y r _ `^ � _ •'tip-'�-• X Y _ � � dF do . T� _ASL _ Yti_ •• Y� F,., a ._ -T - �^' i w ,'. 1yw ,•+� f' •'' w r wpm sem- - - rrL - W� ,• .+, 1 - - - - - 1 .* '}{ IIIHo. 110. ?L OY S if .I UL.- Page 68 of 88 City of Waterloo, Iowa and Waterloo Regional Airport AND AIR METHODS CORPORATION Ground Site Lease Agreement THIS GROUND SITE LEASE AGREEMENT(hereinafter referred to as the"Agreement",is entered into on , 2020 to be effective as of the Effective Date stated in Section 3.01, by and between the City of Waterloo, Iowa, c/o Waterloo Regional Airport (hereinafter referred to as the "Airport"), and Air Methods Corporation, a Delaware Corporation, (hereinafter referred to as the "Operator"). Airport and Operator may be collectively referred to herein as the "Parties" or individually as a"Party". WITNESSETH: In consideration of the lease of certain real property and the covenants and agreements contained herein, the parties agree as follows: ARTICLE 1 PREMISES 1. The Airport hereby leases to Operator, for its and its Affiliates' (as defined herein) exclusive use as specifically authorized herein, and for no other use except as agreed to, and authorized herein, a tract(s) of land for placement of a building as described below and located at the Waterloo Regional Airport (the "Airport"), on a plot of land containing approximately 8,060 square feet (124' x 65'), and adjacent apron for the parking of operator's aircraft, as shown on Exhibit A, attached hereto and incorporated herein by reference (the"Premises"). ARTICLE 2 OBJECTIVES AND PURPOSE OF LEASE Section 2.01 Use of Premises 1. The Operator's use of the Premises, including building[s] and facilities constructed thereon, is limited to the housing of Operator's and its Affiliates' employees, agents, and aircraft, and those uses incidental thereto, in accordance with the Airport Rules & Regulations. For the purpose of this Agreement, the term "Affiliates" shall include any entity under the common control of Air Methods Corporation. 2. The Operator and its Affiliates, in addition to the use of the Premises, shall be entitled to the general use, in common with others, of all Airport facilities made available for use to the general public except as may be otherwise hereinafter provided. 3. For the purpose of this Agreement, "Airport facilities" shall include runways, taxiways, ramps, aircraft and automobile parking areas, roadways, sidewalks, navigation and navigational aids, lighting facilities, terminal facilities, aircraft fueling facilities or other areas of the Airport, that have been constructed at Airport's expense for the benefit of the Operator,Operator's tenants,and the general public. Provided, however, that the use of the above-mentioned airport facilities, by the Operator, shall be subject to their full compliance with such rules and regulations as now exist or may hereafter be enacted by the Airport. 1 Page 69 of 88 Operator understands and agrees that approved uses of Airport facilities are also subject to the payment of such fees and charges, including,but not limited to, fuel flowage fees, or ground site rents,if any,as may be established from time to time by the Airport for the maintenance,operation or replacement of the Airport, and Airport related facilities, with the parties' intent being that Operator be treated no differently from other users of Airport. The Airport will provide the Operator with notice and an opportunity to comment prior to implementation of any such new fees, and charges. 4. The aircraft maintenance permitted on the Premises is maintenance that can routinely be performed by the Operator and its Affiliates, employees of the Operator and its Affiliates, or persons contracted by the Operator and its Affiliates to perform warranty or specialty work,having the required licenses, certificates and permits to perform the work. Referenced maintenance shall be accomplished in accordance with all applicable building and fire codes and Airport Rules and Regulations or Minimum Standards for Aeronautical Activities. Section 2.02 Prohibited Uses The following activities are expressly prohibited: 1. The Operator may not use any part of the Premises or the improvements located thereon for any aviation or non-aviation activity or purpose, other than as expressly set forth and authorized in Section 2.01,unless such use is approved,in writing,by the Airport. 2. Operator may not offer commercial aeronautical services to the public from the Premises. For purposes of clarification,the operation of an air ambulance service and uses are necessary for such operation are not deemed to be commercial aeronautical services. 3. The Operator will not block the taxiways,runways or aircraft ramps or store aircraft upon taxiways or grass areas of the Airport, except as approved by the Airport. 4. The operation of automobiles,trucks, or other vehicles in the Air Operations Areas(AOA) of the Airport is prohibited,without approval of the Airport. 5. Any other activity not specifically authorized by this Agreement. Section 2.03 Conduct of Operations on Premises In its exercise and carrying out of the rights, privileges, duties, and obligations granted herein, and in its use of the Premises, Operator hereby obligates itself, and agrees to obligate all of its sub-lessees and/or occupants,to the following requirements and regulations: 1. Operator shall not consent to any unlawful use of the Premises,nor permit any such unlawful use thereof 2. Operator agrees that all local,federal and state ordinances and laws will be observed in its use and occupancy of the Premises,including the rules and regulations of the federal and state aeronautical authorities and the local governing authorities. 3. Operator shall comply with all Airport Rules and Regulations, Minimum Standards for Aeronautical Activities and City Ordinances as they now exist or may hereafter be amended or adopted. 4. The operations of Operator, its sub-lessees, employees, invitees and those doing business with it, shall conduct all activities in an orderly and proper manner so as not to annoy, disturb or be offensive to others at the Airport. 2 Page 70 of 88 The Airport shall have the right to complain to Operator as to the demeanor, conduct and appearance of Operator's employees, sub-lessees, invitees and those doing business with it, and as to its and/or their failure to utilize said facilities at times, and in the manner, and according to the standards, mandated by the Airport, whereupon Operator will take all steps reasonably necessary to remove the cause of the complaint and bring the operations and services into compliance with such standards as promptly as possible. 5. Operator shall comply with all rules and regulations of the local and/or state fire marshal in the conduct of its operations on the Premises. 6. Operator shall abide by all environmental laws, rules and regulations as are applicable to Operator's activities. 7. Operator shall be responsible for the payment of water,gas and sewer charges and electric current, telephone service and other utilities utilized or consumed on the Premises and shall separately meter same. 8. Operator shall not use or permit the Premises to be used for the sale to its employees or to the public of any goods or services not directly related to those activities authorized in this Agreement. The Airport reserves the right to further develop its land and to lease the same for any lawful purpose whatsoever or to provide any services it deems necessary or desirable in its sole and absolute discretion, for the public,regardless of the desires or views of Operator, and without interference or hindrance. ARTICLE 3 TERM AND COMPENSATION Section 3.01 Initial Term The Initial Term of this Agreement shall be for five (5) years, effective January 1, 2021 (the "Effective Date"), and terminating at 11:59 p.m. on December 31, 2025, subject to earlier termination as provided herein. As used herein "Term" or "Lease Term" shall be deemed to include the Initial Term and all exercised Renewal Terms. Section 3.02 Rent 1. Ground Site Rent. In addition to financing all improvements and development of the Premises, the Operator shall pay an annual ground rent of$2,400.00. Said agreed rent shall be paid in advance monthly on the first day of each month in twelve (12) equal installments of$200.00. Rent is subject to adjustment as set forth in Section 3.04. 2. Payments. All payments are to be made at the office of the Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50701. Payments are due on or before the first day of each month, starting the first month following the month in which an occupancy permit is first issued to Operator. Airport and Operator are currently parties to a separate terminal lease agreement (the "Existing Lease")pursuant to which Airport has deposited a security deposit(the"Existing Deposit"). Upon the expiration or termination of the Existing Lease, Airport will apply the amount of the Existing Deposit as a credit against the next installments of Rent until the credit is depleted. 3 Page 71 of 88 Section 3.03 Options to Renew 1. Operator shall have the option to renew this Agreement for three(3)additional five(5)year terms (each a "Renewal Term"), provided that Operator is not then in default of this Agreement. The Operator may exercise its option to renew this Agreement by giving the Airport written notice of Operator's desire to renew at least sixty (60) days prior to the expiration of the Initial Term and the first renewal term, as applicable. Section 3.04 Future Adiustments of Rents and Fees During the term of this agreement,Airport and Operator agrees to the adjustment of monthly ground rent and fees as indicated: January 1, 2021 to December 31, 2021 - $200.00 per month. January 1, 2022 to December 31, 2022 - $225.00 per month January 1, 2023 to December 31, 2023 - $250.00 per month January 1, 2024 to December 31, 2024 - $275.00 per month January 1, 2025 to December 31, 2025 - $300.00 per month. During the all exercised Renewal Terms, the monthly ground rent shall be $300.00 per month and such amount shall not be subject to further increase. Section 3.05 Holding Over If Operator holds possession of the Premises after the expiration or termination of the Term,including any renewal term, by lapse of time or otherwise, Operator shall become a tenant at sufferance upon all of the terms contained herein, except as to Lease Term and Rent. During such holdover period, Operator shall pay to the Airport a monthly rental equivalent to one hundred fifty percent(150%)of the Rent payable by Operator to the Airport with respect to the last month of the Lease Term. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Without limiting the foregoing, Operator hereby agrees to indemnify, defend and hold harmless the Airport, its officials, agents, contractors and employees, from and against any and all claims, liabilities, actions,losses,damages and expenses(including,without limitation,court costs and reasonable attorneys' fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the Lease Term. Nothing herein shall be construed as requiring Airport to allow Operator to hold over, and doing so shall not be a waiver of any of Airport's rights at termination. Section 3.06 Late Charges The Operator shall pay to the Airport a late charge equal to 1.5% per month on all rent and fee charges which are 30 days past due. Said late charge shall commence on the past due amount from the date said payment was due and shall be computed to the date the past due amount is paid. This shall be in addition to, and in no way alters, any other rights reserved to the Airport, or existing in the Airport by virtue of the laws of the State of Iowa, or by the terms of this Agreement. Section 3.07 Surrender of Possession At the expiration of the term of this Agreement, including any renewal term(s), whether by lapse of time or otherwise,Operator shall promptly and peacefully surrender the Premises to the Airport in the condition in which it was received, subject to those improvements as outlined in Article 4 below and reasonable wear. 4 Page 72 of 88 Section 3.08 Chronic Late Payment Airport may also terminate this Agreement for the reason that Operator is chronically late with rental payments. Chronic late payments are defined as making a rental payment more than thirty(30)days after the due date on three (3) or more occasions during any consecutive 12-month period during the term of this Agreement. Section 3.09 Dishonored Checks If Operator makes a payment due under this Agreement with a check or other payment method that has been returned/dishonored by the bank,Operator shall pay a$50.00 administrative fee to Airport and shall also reimburse Airport for any fees charged to Airport by its bank(collectively,"Dishonored Funds Fees"), payable with the next rental payment due after receipt of Airport's written demand for such fee. This amount is in addition to the "Late Fee". Dishonored Funds Fees shall be deemed additional rent. Section 3.10 Application of Payment Money paid by Operator to Airport shall be applied first to interest,second to court costs legally chargeable to Operator, third to attorney fees chargeable to Operator, fourth to outstanding repair bills that are the responsibility of the Operator, and fifth toward rent. ARTICLE 4 OPERATOR'S CONSTRUCTION REQUIREMENTS Section 4.01 Requirements for Improvements on Premises Unless otherwise agreed by the Airport, Operator shall, at its sole expense, construct on the Premises, as provided in Sections of this Article 4,such buildings,structures,fencing,roadways,utility lines,additions, and improvements as are necessary in furtherance of the purposes set forth in Article 2, and the Operator shall install herein and thereon such equipment and facilities as the Operator or the Airport may deem necessary or desirable. Airport and Operator hereby acknowledge and agree that certain structures and improvements which Operator intends to install on the Premises will be leased from a third party. Provided,however,that no building, structure,fencing,roadway,utility lines,addition or improvement of any nature shall be made or installed by the Operator without the prior written consent of the Airport as herein provided. The Operator shall provide to Airport, upon written request, with proof that funds necessary to complete construction of the improvements have been irrevocably dedicated to such construction. All improvements constructed under this Agreement shall be in accordance with all applicable laws, rules, regulations and ordinances. Section 4.02 Extension of Utilities or Special Facilities The Operator shall contract, and extend, at its sole expense, all necessary utility, electrical, water, sewer and other lines needed to service any buildings initially constructed or installed or constructed in the future by the Operator on the Premises. All utility extensions, relocations, and other construction shall be undertaken by Operator, at its own expense and in accordance with all applicable City Codes and ordinances.Airport hereby grants Operator, their successors and assigns, an easement for a septic system adjacent to and directly west of the demised premises for the construction, operation and maintenance of a septic tank and field. It is anticipated said system will be a 1,250-gallon tank with up to two hundred (200) feet of line. Airport shall approve said Septic system prior to installation. The Operator, or its agent, shall remove the tank and fill and restore the easement area at the end of this leasehold. Airport grants Operator easements for access to the demised premises for the installation of utilities as the utility companies may require to effectuate the purposes of this lease. 5 Page 73 of 88 Section 4.03 Alterations or Repairs to Premises The Operator shall not construct, install, remove and/or modify external or structural portions of the buildings constructed upon the Premises without the prior written approval of the Airport, which will not be unreasonably withheld, conditioned,or delayed. The Operator shall submit for approval by the Airport,its plans and specifications for any proposed project and shall comply with all applicable code requirements and such other conditions considered by the Airport to be necessary. The Operator can make internal improvements to the Premises without the Airport's consent as long as said changes meet all applicable Code requirements. Section 4.04 Lien Indemnification Operator shall keep the Premises and the building(s) free from liens arising out of any work performed and/or materials ordered, or from any obligations incurred by Operator. In the event any person or corporation shall, as a result of construction work being performed by or for the Operator, attempt to assess a lien against the Premises, the Operator shall hold the Airport harmless from such claim, including the cost of defense. Section 4.05 Ownership of Improvements No other lien or encumbrance shall be permitted except as provided for in Section 4.10 hereof other than by lien of the Airport on account of default by the Operator in payment of sums required to be paid to the Airport under the terms of this Agreement. Any building or other improvements constructed and paid for by the Airport shall remain the property of the Airport. During the term of this Agreement, the Operator is obligated to pay ground lease rent only and is not obligated to pay rent on the buildings and improvements erected and installed by Operator. However,should this Agreement not be extended by Operator as provided herein,Operator shall no longer have the right to sublet, assign, mortgage, or otherwise encumber the Premises or the buildings and improvements erected thereon. Following such termination at the end of the initial term, any further lease of the Premises by the Airport to any other party shall be based upon the Fair Market Rental Value (FMV) of the land and buildings, if any, on the Premises according to the Airport's then applicable leasing policies ARTICLE 5 OBLIGATIONS OF OPERATOR Section 5.01 Maintenance and Operation The Operator shall maintain the Premises at all times in a safe, neat and clean condition free of weeds, rubbish, or any unsightly growths or accumulations of any nature whatsoever. The Operator shall repair all damage to the Premises caused by its employees,patrons, or its operation thereon; shall maintain and repair all equipment thereon, including any buildings and improvements. 1. Upon occupancy of the structure, the Operator shall be responsible for and perform all maintenance, including but not limited to: a. Janitorial services, providing janitorial supplies, window washing, rubbish, and trash removal. b. Supply and replacement of light bulbs in and on all buildings and the Premises,obstruction lights and replacement of all glass in building, including plate glass. 6 Page 74 of 88 C. Cleaning of stoppages in plumbing fixtures, drain lines and septic system to the first manhole outside the Premises. d. Replacement of floor coverings. e. Maintenance of all building and overhead doors and door operating systems including weather stripping and glass replacement. f. Building interior and exterior maintenance,including painting,repairing and replacement. g. Repair or replacement of equipment and utilities to include electrical, mechanical and plumbing in all buildings, including but not limited to air conditioning and heating equipment. All repairs to electrical and mechanical equipment are to be made by licensed personnel. Other repairs are to be made by craftsmen skilled in work done and performing such work regularly as a trade or career. h. The Operator shall perform all maintenance on the Premises or Operator-constructed structures,pavements and equipment and utilities to the point where connected to the main source of supply or the first manhole outside of the Premises or to the utility corridor. i. The Operator shall advise the Airport, and obtain the Airport's consent in writing,before making changes involving structural changes to buildings or Premises. j. The Operator is responsible for maintaining electric loads within the designed capacity of the system. Prior to any change desired by the Operator in the electrical loading which would exceed such capacity,written consent shall be obtained from the Airport Director. k. The Operator shall provide and maintain hand fire extinguishers for the interior of all buildings, shop, parking, storage, and ramp areas in accordance with applicable fire and safety codes, and shall provide a wheeled fire extinguisher to be positioned close to Operator's company aircraft. 1. The Operator shall during the term of this Agreement, comply with all applicable Federal Aviation Regulations, to include, but not be limited to FAR Part 77 (Airspace) and applicable lighting of the structure so as not to inhibit aircraft operations. Section 5.02 Utilities The Operator shall assume and pay for all costs or charges for utility services, including water, gas, electrical, sewer,telephone, and other utilities, furnished to the Operator during the term hereof. Provided,however,that the Operator shall have the right to connect to any and all water and utility outlets at its own cost and expense for the Premises,any future improvements; and,the Operator shall pay for any and all service charges incurred therefore. Section 5.03 Trash, Garbage,Etc. The Operator shall collect, store and properly handle and dispose of, away from the Airport, all medical waste,trash,garbage,hazardous materials and other refuse caused as a result of its operations. Receptacles shall not be located on the aviation side of the Operator's facilities unless advance approval is obtained by the Airport Director. The piling of boxes, cartons, barrels, pallets, debris, or similar items in an unattractive or unsafe manner, on or about the Premises, shall not be permitted. 7 Page 75 of 88 Section 5.04 Signs The Operator shall not erect, maintain, or display upon the outside of any improvements on the Premises any billboards or advertising signs without prior written approval by the Airport,which approval will not be unreasonably withheld, conditioned,or delayed. Section 5.05 Non-Discrimination The Operator, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that(A)no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises; (B)that in the construction of any improvements on, over, or under such land and the furnishing of services thereon no persons on the grounds of race,color or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (C) that the Operator shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Nondiscrimination in Federally-assisted programs of the Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and Transportation, and said Regulations may be amended,to the extent that said requirements are applicable, as a matter of law,to the Operator. With respect to the Premises, the Operator agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, if applicable; Provided, that the Operator may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Section 5.06 Observance of Statutes and Regulations The granting of this Agreement and its acceptance by the Operator is conditioned upon the right to use the Airport facilities in common with others authorized to do so, provided, however, that the Operator shall observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, regulations and standards applicable to the Operator for its use of the Premises, including but not limited to, rules and regulations or standards promulgated from time to time by the Airport for the administration of the Airport. Section 5.07 Hazard Lights The Operator shall, at its expense, provide and maintain hazard lights on any future structure erected by the Operator on the Premises, if required by the Airport and Federal Aviation Administration regulations. Any hazard lights so required shall comply with the specifications and standards established for such installations by the FAA. Section 5.08 Airport Security The Operator recognizes the Airport's required compliance with Federal Aviation Regulations and the Department of Homeland Security, concerning airport security requirements and agrees to comply with the TSA-approved Airport Security Plan as it relates to its use of the Premises and the Airport's public facilities. If Airport receives any notice of violation or other disciplinary correspondence or document for the uncontrolled or unauthorized access by members of the public that do not have a business requirement to access the Air Operations Area(AOA)for this area of the Airport,and if Airport receives any civil penalty caused solely by Operator's neglect to maintain a secure perimeter, Operator shall reimburse Airport for any civil penalty imposed by the Department of Homeland Security, the Transportation Security Administration, or other governing authority. 8 Page 76 of 88 ARTICLE 6 OBLIGATIONS OF THE AIRPORT Section 6.01 Operation as a Public Airport The Airport covenants and agrees that at all times it will operate and maintain the Airport facilities, as a public airport consistent with, and pursuant to, the "Sponsor's Assurances" given by the Airport to the United States Government under the Federal Airport Act. Section 6.02 Ingress and Egress Upon paying the rental prescribed herein, and performing the covenants of this Agreement, the Operator shall have the right of ingress to, and egress from, the Premises for the Operator, its officers, employees, agents, servants, customers,vendors, suppliers,patrons, and invitees over the roadway serving the area of the Premises. Airport roadways shall be used j ointly with other tenants of the Airport,and the Operator shall not interfere with the rights and privileges of other persons or firms using said facilities and shall be subject to such weight and type of use restrictions as the Airport deems necessary. Section 6.03 Snow Removal Operations and Turf Maintenance The Airport shall be responsible for all snow removal operations on the Premises, to include both Operator's aircraft, and auto parking areas for Operator's / Operator's employees, in its use of the Premises. The Airport shall also perform turf maintenance during the non-winter seasons. Combined, the Airport shall do so in a manner which does not interfere with tenant operations or damage property. The Operator shall assist the Airport by relocating Operator's company aircraft and tenant vehicles when necessary to prohibit any potential for damage to Operator's aircraft, or tenant personal vehicles while conducting mowing or snow removal operations. ARTICLE 7 AIRPORT'S RESERVATIONS Section 7.01 Improvements,Relocation or Removal of Structure The Airport, in its sole discretion, reserves the right to further develop or improve the Aircraft Operating Area(AOA), and other portions of the Airport, including the right to remove or relocate any structure on the Airport, as it sees fit, and to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent the Operator from erecting, or permitting to be erected, any buildings or other structure on the Airport which, in the opinion of the Airport, would limit the usefulness of the Airport or constitute a hazard to aircraft. The Airport shall not take any action pursuant to this Section 7.01 which materially and adversely affects Operator's access to or use of the Premises. In the event the Airport requires the Premises for expansion,improvements,or development of the airport, the Airport reserves the right, on a twelve (12) month notice, at no cost to the Operator, to relocate or replace the Operator's improvements, in substantially similar form at another generally comparable location on the Airport grounds,if applicable. The Airport shall coordinate such relocation or replacement with Operator and shall not disrupt Operator's ongoing operations. It is understood that the Operator is fulfilling an FAA air traffic control function and that any such relocation will be accomplished with no delay or discontinuance of service to the flying public. This Agreement shall be amended to include any such new ground site. All other Agreement terms shall remain in full force and effect.In the event of such relocation or replacement,the Airport agrees to suspend rental during any period such improvements are unusable. 9 Page 77 of 88 Section 7.02 Airfield Operations There is hereby reserved to the Airport, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft,now known of hereafter used for navigation of or flight in the air,using said airspace or landing at,taking off from, or operating on or about the Airport. Section 7.03 Inspection of Premises The Airport, through its duly authorized agent, shall have at any reasonable time with 24 hours' prior notice, the full and unrestricted right to enter the Premises for the purpose of periodic inspection for fire protection, maintenance and to investigate compliance with the terms of this Agreement. ARTICLE 8 INDEMNITY AND INSURANCE Section 8.01 Indemnification I. The Operator agrees to indemnify,save,hold harmless and defend the Airport,its officials,agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all reasonable expenses incidental to the investigation and defense thereof, in any way arising out of or resulting from any acts, omissions or negligence of the Operator, its agents, employees, licensees, successors and assigns, or those under its control; in,on or about Premises or upon Premises;or in connection with its use and occupancy of Premises or use of the Airport; provided, however, that the Operator shall not be liable for any injury, damage, or loss to the extent occasioned by the negligence or willful misconduct of the Airport, its agents or employees. When knowledge of any action becomes known by the Operator or the Airport,they shall give prompt written notice to the other party. 2. The Operator shall indemnify, save, hold harmless, and defend the Airport, its agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all expenses or fines incidental to the investigation and defense thereof, in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, ordinances or regulations by the Operator's agents, employees, licensees, successors and assigns, or those under its control. The Operator shall not be liable for any claims, actions and expenses or fines, incidental to the investigation and defense thereof,in any way arising from or based upon violation of any federal, state,or municipal laws, statutes, ordinances,or regulations by the Airport,its agents,employees, licensees, successors and assigns, or those under its control. 3. Airport agrees to indemnify and save Operator harmless from and against any and all claims, liabilities,losses,damages,costs,or expenses(including reasonable attorneys' fees)that Operator may sustain to the extent arising out of any injury to any person or damage to or loss of any property (a) caused by or arising out of the negligence or willful misconduct of Airport, its employees,agents or contractors or(b)caused by or arising out of any breach or default by Airport in the performance of its obligations and covenants under this Agreement beyond applicable periods of notice and cure. 4. In no event shall either Party,its employees,agents, or contractors be liable under this Agreement to the other Party or any third party,for any consequential,incidental,indirect,exemplary,special or punitive damages, including any damages for business interruption, loss of use, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not either Party was advised of the possibility of such damages. 10 Page 78 of 88 Section 8.02 Insurance 1. Without limiting the Operator's obligation to indemnify the Airport, the Operator shall provide, pay for, and maintain in force at all times during the term of this Agreement a policy of comprehensive general liability insurance to protect against bodily injury liability and property damage in an aggregate amount of not less than $5,000,000.00 per occurrence; a policy of comprehensive automobile liability insurance in a combined single limit of not less than $5,000,000.00; and statutory workers compensation insurance. Before Operator enters into possession of the Premises,and promptly upon renewal of any policy, it shall furnish the Airport, as evidence that such insurance is in force, a copy of the insurance certificate(s)including the City of Waterloo,Iowa and the Waterloo Regional Airport as additional insureds on a primary and non-contributory basis with respect to General Liability and Automobile Liability. Said policies shall be in a form and content satisfactory to the Airport and shall provide for thirty (30) days' advance written notice except 10 days for non-payment to the Airport prior to the cancellation or notice of non-renewal. 2. Neither the Airport nor its agents shall be responsible for the theft of or damage to any personal property of Operator or its guests or invitees, for damage,loss or destruction of personal property of Operator or of Operator's guests or invitees because of fire, water, acts or omissions of third parties or any cause whatsoever unless caused by the negligent acts of Airport of its agents. Operator shall procure and maintain, at its own expense, insurance covering Operator's personal property and to the fullest extent possible without violating any such insurance coverage. Each party also releases the other party from any other liability for loss, damage or injury caused by fire or other casualty for which insurance is carried by the insured party to the extent of any recovery by the insured under such insurance policy, other than as set forth in Section 8.04 and 8.05 below. Section 8.03 Environmental Impairment 1. The Operator will comply with any environmental regulations affecting its operations throughout the term of this Agreement, including furnishing of insurance or other security against environmental impairment risks as required by the Airport. 2. Operator shall defend, indemnify, protect, and hold the Airport harmless from and after the date of this Agreement from and against any and all claims, costs, fines,judgments, and liabilities, including attorney fees and costs, arising out of or in connection with the presence, storage, use, or disposal of Hazardous Materials or contaminants in, on, under, or about the Premises caused by the acts, omissions, or negligence of Operator or Operator's agents, employees, business invitees, contractors, or subcontractors. To the extent permitted by applicable law, the Airport shall indemnify and hold Operator harmless from and against any and all claims, costs, fines, judgments, and liabilities, including attorney fees and costs, arising out of or in connection with Hazardous Materials or contaminants that are present in, on, under, or about the Premises as of the time that Operator, its agents or contractors, enter into possession of the Premises. The Airport represents that as of the date of this Agreement,the Airport has no knowledge and is not aware of any Hazardous Materials or contaminants in,under or about the Premises. Operator's obligations under this paragraph shall survive the expiration or earlier termination of the term of this Agreement. 11 Page 79 of 88 For purposes of this Agreement, Hazardous Materials means any flammables, explosives, radioactive materials,petroleum or petroleum byproducts,minerals,metals,chemical substances, asbestos or asbestos-containing materials, hazardous or toxic substances, or any other materials or wastes as are presently defined in or regulated under federal or state environmental laws, and the Airport's Rules and Regulations. Section 8.04 Fire and Extended Coverage Insurance The Operator shall,at its expense,procure and keep in force at all times during the term of this Agreement with a company suitable to the Airport, insurance on the building(s) and other improvements on the Premises against loss and damage by fire, aircraft and extended coverage perils. This coverage shall include covering the building, aircraft and contents from Acts of God, flood, tornado, high wind conditions, snow loads or snow and ice coverage,lightning,or other adverse weather conditions not listed above. The Operator shall furnish evidence of insurance at lease inception and annually upon renewal of coverage. Insurance shall name the City of Waterloo, Iowa and the Waterloo Regional Airport as additional insureds as respects General Liability and Automobile Liability Section 8.05 Waiver of Subrogation Operator and Airport, each for itself and its respective successors and assigns (including, without limitation, any person, firm or corporation which may become subrogated to any of its rights)waives any and all rights and claims for recovery against the other party, and its officials, officers, board members, employees, agents and assigns, or any of them, on account of any loss or damage to any of its property located on the Premises insured under any valid and collectible insurance policies, to the extent of any recovery collectible under such insurance policies. Each insurance policy carried by a party and insuring all or any part of such property must provide that the insurance company waive all right of recovery by way of subrogation against the other party. Section 8.06 Airport's Insurance Obligations The Airport will maintain aviation commercial general liability insurance against claims for property damage and bodily injury, including death, in such form and subject to such deductions and exceptions as the Airport may determine, in an amount not less than $5 million per occurrence. The Airport shall maintain worker's compensation insurance in accordance with applicable law. The Airport will maintain property insurance written on an ISO special cause of loss form for cover on all buildings and improvements owned by the Airport including,without limitation, (Aircraft Hangar#5), on a replacement cost basis, subject to such deductions and exceptions as the Airport may reasonably determine. Section 8.07 Application of Insurance Proceeds If the building or improvements located upon the Premises shall be partially or totally destroyed or damaged, the Operator, within thirty (30) days of the damage shall elect to either (1) terminate this Agreement,in which case any prepayment of rent shall be refunded pro rata to Operator,or(2)restore the Premises. If the Operator elect to terminate this Agreement,then the Operator shall be entitled to receive the proceeds of insurance payable by reason of such loss for all buildings, structures, leasehold improvement, and personal property contained within the Premises. If the damage results from an insurable cause and if the Operator elects to restore Premises with reasonable promptness, or the Airport and Operator decide to construct the new building(s)on another site,the Operator shall be entitled to receive and apply the entire proceeds of any insurance covering such loss to said restoration, including applicable site clean-up, in which event this Agreement shall be appropriately amended as necessary and continue in full force and effect. 12 Page 80 of 88 Section 8.08 Intentionally Omitted Section 8.09 Destruction of Premises (Uninsured Cause) In the event of damage to or destruction or loss of the building or buildings by an uninsured cause,Operator shall elect,within thirty(30) days of the event, to either(1)terminate this Agreement, in which case any prepayment of rent shall be refunded pro rata to Operator or (2) repair, restore, rebuild, or raze said building or buildings. If Operator elects not to terminate this Agreement,then within sixty(60)days of the event, Operator shall initiate restoration or razing activities and complete those activities and shall diligently pursue the same to completion. In the event Operator fails to take action as noted above,Airport shall have the right to raze the building(s) and return the site to its original condition. Operator shall be liable for reimbursing the Airport for all costs incurred. ARTICLE 9 CANCELLATION BY THE AIRPORT Section 9.01 Events of Default by Operator Each of the following events shall constitute an"Event of Default by Operator": 1. Operator fails to pay rentals, fees and charges when due, and such default continues for a period of ten(10) days after receipt of written notice from the Airport that such non-payment constitutes an event of default. 2. Operator fails after receipt of written notice from the Airport to keep, perform or observe any term, covenant or condition of this Agreement, other than as set forth in paragraph 1 (above) and such failure continues for thirty(30)days after such receipt,or if by its nature such event of default by Operator cannot be cured within such thirty (30) day period, Operator fails to commence to cure or remove such event of default by the Operator within said thirty (30) days and to cure or remove same as promptly as reasonably practicable. 3. Operator abandons the Premises.Operator's intent not to re-occupy the Premises may be presumed upon expiration of thirty(30) days after receipt of written notice from the Airport that it believes in good faith that Operator has abandoned the Premises. 4. Operator shall become insolvent,shall take the benefit of any present or future insolvency statute, shall make a general assignment for the benefit of creditors, shall file a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof, or shall consent to the appointment of a receiver, trustee, or liquidation of all or substantially all of its property. 5. An order for relief shall be entered at the request of Operator or any of its creditors under the federal bankruptcy or reorganization laws or under any law or statute of the United States or any state thereof 6. A petition under any part of the federal bankruptcy laws or an action under any present or future insolvency law or statute shall be filed against the Operator and shall not be dismissed within thirty(30)days after the filing thereof 13 Page 81 of 88 7. By or pursuant to, or under, any legislative act, resolution or rule, or any order of decree of any court or governmental board or agency, an officer, receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Operator and such possession or control shall continue in effect for a period of fifteen(15)days. 8. Operator shall become a company in dissolution, or voluntarily or involuntarily forfeit its company charter, other than through merger with a successor entity. 9. The rights of the Operator hereunder shall be transferred to,pass to,or devolve upon,by operation of law or otherwise, any other person, firm, corporation or other entity, as a result of any bankruptcy, insolvency, trusteeship, liquidation or other proceedings or occurrence described in Sections 3 through 7 above. Section 9.02 Remedies for Operator's Default 1. Upon the occurrence of an"Event of Default by the Operator",Operator shall remain liable to the Airport for all arrearages of rentals, fees or charges payable hereunder and for all preceding breach(es) of any term, covenant or condition herein contained. The Airport, in addition to the right of termination,and to any other rights or remedies it may have at law or in equity,shall have the right of re-entry and may remove all Operator's persons and property from the Premises. Airport shall take precautions reasonable under the circumstances to prevent damage to Tenant's aircraft during Operator's exercise of its rights under this Section 9.02(1). Upon any such removal, Operator's property may be stored in a public warehouse or elsewhere at the cost of, and for the account of, the Operator. Should the Airport elect to re-enter as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may, at any time subsequent to an"Event of Default by the Operator", either terminate this Agreement or re-let the Premises and any improvements thereon,or any part thereof, for such term or terms(which may be for a term extending beyond the term of this Agreement)at such rentals,fees and charges,and upon such other terms and conditions,as the Airport,in its sole discretion, may deem advisable, with the right to make alterations, repairs or improvements on said Premises. No re-entry or re-letting of the Premises by the Airport shall be construed as an election of the Airport's part to terminate this Agreement,unless a written notice of such intention is given to the Operator. In re-letting the Premises,the Airport shall make a good faith effort to obtain terms and conditions no less favorable to itself than those contained herein and otherwise seek to mitigate any damage it may suffer as a result of the"Event of Default by the Operator". 2. Unless the Airport elects to terminate this Agreement, the Operator shall remain liable for and promptly pay all rentals, fees and charges accruing hereunder until termination of this Agreement at the expiration date set forth herein. 3. In the event that the Airport re-lets the Premises,rentals,fees and charges received by the Airport from such re-letting shall be applied: first,to the payment of any obligation or indebtedness other than rentals, fees and charges due hereunder from the Operator to the Airport; second, to the payment of any cost of such re-letting; third, to the payment of rentals, fees and charges due and unpaid hereunder; and,the residue, if any, shall be held by the Airport and applied in payment of future rentals, fees and charges as the same may become due and payable hereunder. Should that portion of such rentals, fees and charges received from such re-letting applied to the payment of rentals, fees and charges due hereunder be less than the rentals, fees and charges payable during the applicable period, Operator shall pay such deficiency to the Airport. The Operator shall also pay to the Airport, as soon as ascertained, any actual and reasonable costs and expenses incurred by such re-letting not covered by the rentals, fees and charges received from such re-letting. 14 Page 82 of 88 4. Notwithstanding anything to the contrary in this Agreement,if a dispute arises between the Airport and Operator with respect to any obligation or alleged obligation of the Operator to make payment(s)to the Airport,the payment(s)under protest by the Operator of the amount claimed by the Operator to be due shall not waive any of the Operator's rights, and if any court or other body having jurisdiction determines all, or any part, of the protested payment was not due, then the Airport shall as promptly as reasonably practicable reimburse the Operator any amount determined as not due plus interest on such amount at the rate of 12%per annum. 5. Operator shall pay to the Airport all reasonable costs, fees (including attorneys & accountants) and expenses incurred by the Airport in the exercise of any remedy upon an event of default by the Operator. 6. All remedies available to Airport are cumulative and no one remedy will be exclusive of another remedy conferred by law or this Agreement. ARTICLE 10 CANCELLATION BY OPERATOR FOR EVENTS OF DEFAULT BY AIRPORT Section 10.01 Event of Default by Airport Each of the following events shall constitute an"Event of Default by Airport": 1. The Airport fails, after receipt of written notice from Operator, to keep, perform or observe any term,covenant or condition herein contained to be kept,performed or observed by the Airport and such failure continues for thirty(30)days; or,if,by its nature, such"Event of Default by Airport" cannot be cured within such thirty(30)day period,the Airport fails to commence to cure or remove such"Event of Default by Airport"within said thirty(30)days and to cure or remove the same as promptly as reasonably practicable. 2. The Airport closes the Airport to flights in general or to the flights of the Operator, for reasons other than weather,acts of God or other reasons beyond its control,and fails to reopen the Airport to such flights within thirty (30) days of such closure, and such closure negatively affects the Operator's use of Premises. 3. The Airport is permanently closed by act of any federal, state or local government agency having competent jurisdiction. 4. The Operator is unable to use the Airport for a period of at least thirty(30)days due to any law or any order,rule or regulation of any appropriate governmental Airport having jurisdiction over the operations of the Airport, or any court of competent jurisdiction issues an injunction in any way preventing or restraining the use of the Airport,or any part thereof,for airport purposes,and such injunction remains in force for a period of at least thirty (30)days and such situation negatively affects the Operator's use of Premises. 5. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict Operator from conducting its operations, and such restrictions shall continue for a period of at least sixty(60) days. 15 Page 83 of 88 Section 10.02 Remedies for Airport's Defaults Upon the occurrence of an"Event of Default by Airport",the Operator shall have the right to suspend or terminate this Agreement, and all rentals, fees and charges payable by Operator under this Agreement shall abate during a period of suspension or shall terminate, as the case may be. In the event that Operator's operations at Airport should be substantially restricted by action of any governmental agency having jurisdiction thereof, then Operator shall, in addition to the rights of termination herein granted,have the right to a suspension of this Agreement,or part thereof,and abatement of an equitable proportion of the payments due hereunder, from the time of giving written notice of such election until such restrictions shall have been remedied and normal operations restored. In addition to its remedy of termination,the Operator shall be entitled to all other remedies available to it by law or equity. Airport shall pay to the Operator all reasonable costs, fees (including attorneys & accountants) and expenses incurred by the Operator in the exercise of any remedy upon an event of default by the Airport. All remedies available to Operator are cumulative and no one remedy will be exclusive of another remedy conferred by law or this Agreement. ARTICLE 11 RIGHTS UNDER TERMINATION Section 11.01 Fixed Improvements It is the intent of this Agreement that any buildings,leasehold improvements,alterations and items affixed thereto,that are constructed and paid for by the Operator shall be and remain the property of the Operator during the entire term(initial term and renewal terms) of this Agreement. Upon termination of this Agreement, title to all water or electricity extension lines constructed and paid for by Operator shall,without payment of compensation,automatically and irrevocably pass to the Airport, and the Operator shall have no further rights under this Agreement nor shall it have any interest in the Premises,buildings or improvements, constructed thereon. Operator shall retain title to all buildings and all other leasehold improvements installed by the Operator upon the Premises and upon the expiration or earlier termination of this Agreement Operator,at Operator's option, may (i) remove any such building or leasehold improvements, (ii) sell any such building or leasehold improvements to a third party who shall promptly remove the same from the Premises, (iii) sell any such buildings or leasehold improvements to a third party who shall enter into an ground lease with Airport for the real property underlying such building or leasehold improvement, or (iv) sell any such building or leasehold improvements to the Airport at a fair market value mutually agreed to by the Operator and the Airport. Operator may not elect option(iii)above without the prior written consent of the Airport, which consent shall not be unreasonably withheld, conditioned, or delayed. If the building is removed, then within fourteen(14) days thereafter, Operator will remove the underlying supportive cement pads to a depth of six(6)inches below grade. Section 11.02 Personal Property Upon termination of this Agreement, the Operator shall remove all personal property, and items not affixed, from the Premises within thirty (30) days after said termination. If the Operator fails to remove said personal property, then said personal property shall be deemed abandoned and title thereto shall, without payment of compensation, automatically and irrevocably pass to City / Airport and, at the sole option of City/Airport, such personal property may thereafter be removed by the Airport at Operator's expense, if applicable. The foregoing shall not apply to any aircraft,but Section 9.02(1) shall apply with respect to removal of any aircraft not removed by the Operator. 16 Page 84 of 88 ARTICLE 12 ASSIGNMENT AND SUBLETTING Section 12.01 Assignment The Operator shall not assign or sublet this Agreement, or any part hereof, in any manner whatsoever except as expressly set forth herein, or assign any of the operating privileges recited herein, without the prior written consent of the Airport, and under such terms and conditions as Airport may impose, which shall not be unreasonably withheld, delayed, or conditioned. Provided,however,in the event the Airport approves such assignment,Operator shall remain liable to the Airport for the remainder of the term of this Agreement to pay to the Airport any portion of the rental and fees provided for herein upon failure of the assignee to pay the same when due. Said assignee shall not assign said Agreement except with the prior written approval of the Airport and the Operator herein, and any assignment by the Operator to any third party shall contain a clause to this effect. The Airport reserves the right to require assignee, as a condition to Airport's consent to assignment, to enter into a new lease agreement, if the then legal and operational requirements of the Airport, including Rules and Regulations, require changes relating to such items as the commercial operating Airport, additional or changes to the uses of leased property, or changes in term or conditions of the land lease. Notwithstanding anything to the contrary set forth above, Operator may, without the prior consent of the Airport, assign all of its rights under this Agreement to(i)a parent,subsidiary, or affiliate, (ii)a purchaser of all or substantially all assets related to this Agreement, or (iii) a third party participating in a merger, acquisition, sale of assets or other corporate reorganization in which Operator is participating. Operator shall notify the Airport in writing promptly following any such assignment. ARTICLE 13 QUIET ENJOYMENT The Airport covenants that the Operator,upon payment of the rentals reserved herein and the performance of each and every one of the covenants, agreements and conditions on the part of the Operator to be observed and performed, shall and may,peaceably and quietly,have,hold and enjoy the Premises for the term of this Agreement, free from molestation, or disturbance. ARTICLE 14 GENERAL PROVISIONS Section 14.01 Non-Interference with Operations of Airport The Operator, by accepting this Agreement, expressly agrees for itself, its successors and assigns, that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft at the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached,the Airport reserves the right, exercisable without notice, to enter upon the Premises hereby leased and cause the abatement of such interference at the expense of the Operator. The Airport shall maintain and keep in repair the Airport landing areas, including taxiways and aircraft parking aprons, and shall have the right to direct and control all activities of the Operator in this regard. Section 14.02 Attorney's Fees In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover interest and its reasonable attorney's fees. 17 Page 85 of 88 Section 14.03 Taxes and Special Assessments The Operator shall pay any and all leasehold interest tax assessed on said Premises and all personal property taxes which may be levied and assessed against equipment, merchandise, or other personal property belonging to the Operator located on the Premises, or other permitted portions of the Airport. The Operator shall pay all real estate taxes attributed to the Operator's leasehold interest and all other real estate taxes which may be levied and assessed which are attributed to the Operator's leasehold interest in the Premises. If the taxes attributable to Operator's leasehold interest are assessed as part of a larger real estate parcel or together with other leasehold interests, then Operator shall only be responsible for its pro rata share of such real estate taxes based on the square footage of the Premises. The Operator shall pay all sales or use taxes and assessments, license fees or other charges of any kind or nature, without exception, levied or assessed, arising out of the activities conducted on, and/or the occupancy of, the Premises. Section 14.04 Right to Contest The Operator shall have the right to contest the validity or amount of any tax, assessment or charge, lien or claim of any kind in with respect to the Premises. Operator shall, if the Airport requires the same in writing and if the taxes or other assessments have not been paid under protest or otherwise escrowed or provided for, furnish reasonable security for the payment of all liability, costs and expenses at the end of the litigation, and Operator, so long as the matter shall remain undetermined by final judgment, shall not be considered in default hereunder by the nonpayment thereof;provided however,that Operator shall not, under these provisions,permit the Premises or any buildings or improvements situated thereon,to be sold or forfeited, and failure by the Operator to do what is necessary to prevent any such sale or forfeiture within ten(10) days from the publication or receipt of notice for sale or forfeiture, shall be deemed to be a default hereunder, and the Airport may, at its option,pay any such sum as may be required to avoid the sale or forfeiture, and seek reimbursement for its cost from the Operator or ownership of the buildings or improvements involved. Section 14.05 License,Fees and Permits The Operator shall obtain,pay for and maintain in effect all licenses,permits, fees or other authorization or charges as required under federal, state or local laws and regulations insofar as they are necessary to comply with the requirements of this Agreement and the privileges extended hereunder. Section 14.06 Non-Exclusive Rights It is hereby specifically understood and agreed between the parties that nothing herein contained shall be construed as granting or authorizing the granting of exclusive rights to the Operator or others, as defined in Section 308 of the Federal Aviation Act of 1958, as amended. Section 14.07 Paragraph Headings The Section paragraph headings contained herein are for convenience in reference only and are not intended to define or limit the scope of any of the provision of this Agreement. Section 14.08 Interpretations This Agreement shall be interpreted in accordance with the laws of the State of Iowa. Section 14.09 Non-Waiver No waiver by City/Airport of any agreement, condition or provision contained in this Agreement will be valid or binding unless expressed in writing and signed by the City/Airport. The waiver by Airport of any agreement, condition or provision contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition or provision contained in this Agreement,nor will any custom or practice that may grow up between the parties in the administration of the terms of this Agreement be construed to waive or to lessen the right of Airport to insist upon the performance by Operator in strict accordance with the terms of this Agreement. 18 Page 86 of 88 The subsequent acceptance of rent by Airport will not be needed to be a waiver of any preceding breach by Operator of any agreement,condition or provision of this Agreement,other than the failure of Operator to pay the particular rent so accepted, regardless of Airport's knowledge of such preceding breach at the time of acceptance of such rent. Section 14.10 Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. Section 14.11 Binding Effect This Agreement, including all of its covenants, terms, provisions and conditions, shall be binding upon, and inure to the benefit of,the parties hereto and their respective heirs, successors and assigns. Section 14.12 No Partnership Nothing contained in this Agreement shall be deemed to create the relationship of principal and agent or of a partnership or joint venture or any relationship between the Airport and Operator other than the relationship of the Airport and Operator. Section 14.13 Duty to be Reasonable Wherever in this Agreement the Airport is to give its consent,approval or otherwise exercise discretion in judgment, such consent, approval or judgment discretion shall not be unreasonably exercised or unreasonably withheld. Section 14.14 Notices Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, or by United States certified mail,postage prepaid, and addressed to: If to Landlord,to: Waterloo Regional Airport Attn: Airport Director 2790 Livingston Lane Waterloo,Iowa 50703 If to Tenant,to: Air Methods Corporation 5500 South Quebec Street Greenwood Village, CO 80111 Attn:_Area Manager with copy to: Air Methods Corporation 5500 South Quebec Street Greenwood Village, CO 80111 Attn: Legal Department Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) 1 business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery,or(iii)3 business days following the date of deposit if mailed by United States certified mail,postage prepaid. Notice sent by certified mail that is refused shall still be deemed valid. All parties shall give the other prompt notice of any change in address, and until such notice any party may rely on the most recent addresses furnished. Neither party shall designate more than two addresses to receive notices. 19 Page 87 of 88 Section 14.15 Entire Agreement This Ground Site Lease Agreement constitutes the entire agreement between the parties. There are no verbal or written agreements between the parties that are to be considered a part of this Agreement unless they have been specifically enumerated herein and this Agreement supersedes all prior or other agreements, understandings, and representations. This Agreement may be amended solely by a written instrument, signed by all parties. Section 14.16 No Construction Against Drafting Party Airport and Operator acknowledge that each of them and their counsel have had an opportunity to review this Agreement and that this Agreement will not be construed against Airport merely because Airport has prepared it. Section 14.17 Third-Party Beneficiaries It is specifically understood and agreed that no person shall be a third-party beneficiary hereunder, and that none of the provisions of this Agreement shall be for the benefit of,or be enforceable by,anyone other than the parties hereto, and that only the parties hereto and their permitted assignees shall have rights hereunder. Section 14.18 Authorization and Execution By its execution hereof, Operator and the Airport warrant that all necessary corporate actions have been taken with regard to the authorization and execution of this Agreement,and that the individual(s)execution of this Ground Site Lease Agreement on behalf of Operator are is/are duly authorized to do so. Whoever signs this Agreement on behalf of Operator and the Airport hereby confirms that they have the appropriate Authority and have been so authorized to execute this Agreement on behalf of Operator and City/Airport,respectively. IN WITNESS WHEREOF,the parties have caused this Hangar and Ground Site Lease Agreement to be executed on their behalf by their duly authorized officers.: City of Waterloo,Iowa Air Methods Corporation A Delaware Corporation By: By: Quentin Hart,Mayor By: Title: Kelley Felchle, City Clerk 15632728_x5 20 Page 88 of 88