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HomeMy WebLinkAboutCouncil Packet - 1/19/2021 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. Tuesday, January 19, 2021 5:30 PM CITYOF WATERLOO GOALS 1. Support the creation of new,livable wage jobs through a balanced econorric development approach of assisting existing businesses,fostering start-ups,attracting new employers and cultivating an adequate workforce. 2. Implement a Connunity 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 conmvnity. ELECTRONIC CITY COUNCIL MEETINGS At this time, all meetings of the Waterloo City Council will be electronic because meeting in person is impossible or impractical due to the spread of COVID-19. Iowa Code Section 21.8,Governor Reynolds' Disaster Emergency Proclamations allow cities to hold electronic meetings and Mayor Hart has issued Civil Emergency Proclamations calling for electronic meetings.Electronic meetings will be held utilizing Zoom video conferencing. Zoom meeting information is available on the city website at https://cityofwaterlooiowa.com/register. You may also call the City Clerk's Office at 319-291-4323 or email clerks@waterloo-ia.org to receive the meeting information. Individuals speaking during the electronic regular session or planning session meetings are required to follow the rules for public participation. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings.The public is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium,and after recognition by the presiding officer,shall state their name,address and group affiliation, if appropriate,and speak clearly into the microphone. C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks. D Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Pagel of 244 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerks@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Boesen, At-Large Council Member Agenda, as proposed or amended. Minutes of January 4, 2021, Regular Session, as proposed. Proclamation declaring January 18, 2021 as Martin Luther King, Jr.'s Birthday. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Page 2 of 244 2. Resolution accepting a U.S. Department of Justice FY20 Coronavirus Emergency Supplemental Funding Program Grant for local communities affected by the COVID-19 virus, in the amount of $29,000, and authorizing the Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain 3. Motion approving final quantity adjustment for Vieth Construction Corporation for a net decrease of $19,398.51, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988, and instruct the City Clerk to publish said notice. Submitted By: Matt Schindel, Associate Engineer 4. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of, Cedar Falls, Iowa, in the amount of $200,548.49, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988. Submitted By: Jamie Knutson, PE, City Engineer 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 11, 2021 and date of public hearing as February 15, 2021, for the FY 2021 Sanitary Sewer Gatewell Repairs Project, Contract No. 951, and instruct the City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Resolution setting date of public hearing as February 1, 2021 to approve the request by the City of Waterloo to rezone approximately 39 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District for property located East of 2971 Independence Avenue, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting date of public hearing as February 1, 2021, to approve the Fourth Amendment to a Development Agreement with IPE1031 REV279, LLC (Cardinal Construction) to convey additional land and award four years at 50 percent tax rebates for the expansion/construction of a shared detention pond system, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution setting date of hearing for February 1, 2021 for the sale and conveyance of city owned property located at the northwest corner of Beech Street and Webster Street, to Walter and Kelly Reed, for $1,738.80, with a Development Agreement, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Officer John Koontz Class/Meeting: Legally Justified; But was it Avoidable Destination: Waterloo, IA Dates: 1/11/2021 Amount not to exceed: $199 b. Bri Boss, Aquatics/Safety Services Specialist Page 3 of 244 Class/Meeting: Certified Pool Operator School Destination: Cedar Falls, IA Dates: 1/26-27/2021 Amount not to exceed: $300 2. LIQUOR LICENSES a. Casey's General Store #2427, 3035 Logan Ave. *Ownership Update* Class: E Liquor New Application Includes Sunday Expiration Date: 6/15/2021 b. Casey's General Store #3880, 1900 W. Ridgeway Ave. Class: E Liquor/ B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 1/31/2022 C. Cedar Valley Fish Market, 218 Division St. Class: B Beer/ B Native Wine Renewal Application Does not include Sunday Expiration Date: 1/25/2022 d. Hampton Inn, 2034 LaPorte Road Class: Special Class C Liquor Renewal Application Includes Sunday Expiration Date: 1/31/2022 e. LongHorn Steakhouse #5374, 1425 E. San Marnan Dr. Class: C Liquor New Application Includes Sunday Expiration Date: 9/1/2021 3. APPOINTMENTS a. Edward Ottesen Board/Commission: Design Review Board Expiration Date: January 26, 2024 Re-Appointment 4. Motion approving Change Order No.1 with Kidder Construction, Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the City of Waterloo Public Works Truck Wash, Project No. 19-23490, and authorizing the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Division Manager PUBLIC HEARINGS 2. FY 2021 Center For The Arts Parking Improvements Phase 3, Northwest Half Project, Contract No. 1004. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 4 of 244 Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Matt Schindel, Associate Engineer 3. FY 2021 Highway 63 Enhancements from Washington Street to Parker Street Project, Contract No. 1029. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Project let by the IDOT on December 15, 2020. Resolution approving award of bid to Meth 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 RESOLUTIONS 4. Resolution approving the payment of invoices as needed (generally weekly) by the Finance Department with subsequent approval by the City Council. Submitted By: Michelle Weidner, Chief Financial Officer 5. Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo Waterloo Municipal Concert Band in the amount of $13,619 for the 2020 summer season, Leisure Services Event Shuttle in the amount of $4,485 and Waterloo Leisure Services, and SportsPlex in the amount of$6,250. Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution approving a recurring Master Equity Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23) vehicles for police administrative and investigative staff, and authorizing the Mayor to execute said document. Submitted By: Joe Leibold, Major 7. Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed July 8, 2020, in an amount not to exceed, $360,000, in conjunction with a Phase I Preliminary Engineering Report for a new interceptor sewer serving the Highway 63 south corridor, Contract No. 1037, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor, Waste Mgt. Services 8. Resolution approving Supplemental Agreement No. 13, to a Professional Services Agreement originally executed April 3, 2006, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $239,500, in conjunction with the US Page 5 of 244 Highway 63 Improvements from Jefferson Street to Donald Street, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, in an amount not to exceed $108,000, for construction related services, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer 10. Resolution approving a Real Estate Purchase Agreement (non-residential), and approving deeds to sell and donate real property to the City of Waterloo, for the partial acquisition of property storm sewer easements, drainage easements and temporary easements from Ascension Lutheran Church, in the amount of $81,665.48, located at 2211 Maynard Avenue, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Contract Termination Agreement with the State of Iowa, and Crystal Distribution Services, Inc., Contract 18-TC-010, for a project that did not commence forward with any State of Iowa incentives, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving a Development Agreement with Midwest Development Co., of Cedar Rapids, Iowa, for the construction of ten (10) single-family homes and seven (7) duplexes, located northeast of 3405 Monticello Avenue, with a minimum value of $150,000 each, approving a development grant of $5,000 per unit, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving an Acquisition Contract with Todd L. Chapman and Scott C. Chapman for the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street, in the amount of $33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:45 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Housing Authority board, Harold E. Getty Council Chambers Page 6 of 244 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting minutes of November 2020. 2. Certified List for the position of Equipment Operator I for the City of Waterloo, Iowa Public Works - Street Department, as certified by the Civil Service Commission on December 18, 2020. 3. Certified List for the position of Police Recruit for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on December 18, 2020. 4. Certified List for the position of Clerk II for the City of Waterloo, Iowa, as certified by the Civil Service Commission on December 18, 2020. 5. Communication from the Public Works - Street Department on the notice of the conclusion of employment for Tony Pauley, Street Supervisor, effective December 11, 2020 with recommendation of approval of payout of$4,984.84 for unused benefits. Page 7 of 244 CITY OF WATERLOO Council Communication Minutes of January 4, 2021, Regular Session, as proposed. City Council Meeting: 1/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of January 4, 2021 Backup Material Submitted by: Submitted By: Page 8 of 244 January 4, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, January 4, 2021. 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: Jerome Amos, Ward 4 Council Member 159414 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, January 4, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159415 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, December 28, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Mrs. Klein requested a status update on a house on Williston Street; she believes it is 811 Williston. Noel Anderson, Community Planning and Development Director, commented that he would send Mrs. Klein a status update tomorrow. Mrs. Klein commented that she is noticing numerous homes in the community that are in a blighted state and encouraged action on cleaning up these properties. Mayor Hart concurred with Mrs. Klein's comments and explained that he has recently spoken with the Chief Financial Officer regarding funding for managing the 657A properties. Current bond funding only allows for so many of these properties to be demolished per year, and that leaves the city with a blemish as they continue to sit year after year awaiting adequate funding. He further explained that he has had conversations with Noel Anderson and others to see what type of larger project could be put together to address this concern. He commented that the University of Iowa did a small study regarding dilapidation within our city. Consideration is being given to whether the process could include putting an overlay over certain parts of the city to create incentives to encourage improvement in properties and create greater taxable value. During the CIP process, he will be reaching out to council members for additional funding to make this happen. Mrs. Klein commented that she spoke to a resident named Trey who moved to Waterloo at the age of 7 from Mississippi and he said that one of the first things he noticed, even as a child, that it was apparent to him that there were neighborhoods that the city had abandoned. She feels very strongly that we need to take care of this. She added that people living near these homes are in fear of being attacked or retaliated against by people getting into abandoned buildings, if they were to report their concerns to the city. Mayor Hart commented on the different needs of each ward and he hopes there is continued support by council when it is time to discuss funding. Mr. Morrissey commented that some council members have been talking about this issue for years, and some of these are unattended systemic issues. The fact that the city does not have enough money on a yearly basis to address homes that are identified as a potential 657A has been going on for years. A better question is what causes this problem in the first place. He shared that it gets down to two things. The first is residents are getting older and are unable physically or from a financial standpoint, cannot take care of their home. Second, the city has so many properties that are converted to rentals by absentee landlords. Mayor Hart explained that he has had conversation with the city attorney, a couple of council members and some community members to try to formulate a board that will come up with policies and practices to address all of these concerns. Page 9 of 244 Page 2 Mrs. Klein commented that there has to be a tiered approach, starting with the ones that the city has the ability to take down, and then go after the ones that require legal attention. She also suggested looking into how neighboring cities manage their rules on landlords. Mr. Amos commented that many of the houses are already on a contractor's schedule to come down but may not necessarily be at the top of their list. He stated that the council would need to remain patient. Mrs. Klein commented that some of the homes have been sitting for as long as twelve years waiting for demolition, so asking for patience in cases like these is not reasonable. Mr. Boesen questioned if the city can ask the DOT to plow the mix master and Highway 63 bridge sooner,because once the snow hardens it becomes an ice ramp. Mayor Hart asked the Engineering department to follow up with the DOT on this request. Mr. Boesen commented on the traffic signaling traveling east to west on the 218 coming from the far south end of Waterloo. It is typical to hit every traffic light, many times behind two-three semi trucks. Years ago, he suggested the placement of signage coming into the city of Waterloo from both the east and west, directing semi-trucks to use the center lane. At that time, he was told it was the DOT who would manage that traffic flow. He explained that if the tractor-trailers would begin using the center lane as they travel through Waterloo, traffic would be expedited considerably. Mayor Hart asked the Public Works Director to direct the traffic engineer to reach out to Mr. Boesen to vet the idea as proposed by Mr. Boesen. 159416 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159417 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 4, 2021, in the amount of$3,904,975.56 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. 2021-01. 2. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of public hearing as January 19, 2021, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-02. 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Club Legacy, 120 Sumner Street C Liquor New 12/30/2021 x 3. Recommendation of appointment of Brett Reiter from the Civil Service List to the position Equipment Operator I, in the Street Department, pending completion of physical and drug testing, effective January 19, 2021. Page 10 of 244 Page 3 4. Recommendation of appointment of Chad McNamara and Monesha Dickens from the Civil Service List to the position of Solid Waste Technician. Chad McNamara is a transfer from the Street Department. Monesha Dickens appointment will be pending completion of physical and drug testing, effective January 19, 2021. 5. Recommendation of appointment of Brittany Hoyer from the Civil Service List to the position of Clerk II, in the Waste Management department. Brittany will be transferring from the Police Department, effective January 19, 2021. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 159418 - Morrissey/Amos that proof of publication of notice of public hearing on Public Works Facility Janitorial Service Contract, as published in the Waterloo Courier on December 21, 2020, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159419 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159420 - Morrissey/Amos that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned if any of the three bidders have worked for the city prior and if so have we had any issues with their work. Randy Bennett, Public Works Director, commented that they have contracted with both Midwest Janitorial and Marsden. There have been a few performance issues that need to be followed up with prior to selecting a vendor. Mr.Morrissey requested a copy of the hourly rate,benefits, and covid-19 protections of the companies doing the work in our facilities. He also questioned how many employees would be doing the janitorial work. He asked what the percent of the monthly charge goes to administrative purposes versus what goes to the workers. He questioned if in Exhibit A,number 10,page 3, the language includes that the companies would be subject to following the fair chance ordinance when it comes to hiring. He also asked if doing janitorial services in house be more effective. Resolution adopted and upon approval by Mayor assigned No. 2021-03. 159421 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Division Manager for review. Estimate: $3,800 Monthly/$45,600 Yearly Bidder SeBidity Bid Amount cur Midwest $4,151.77 (Monthly) Janitorial Service Alt. #I(Window Washing)N/A Inc. 5% Alt. #2 Part 1 (Deep Disinfection) $85/hr. NTE $2,400.00 Hiawatha, IA Alt. #2 Part 2 Electrostatic Spraying) $85/hr. ABM Janitorial $3,464.27 (Monthly) Waterloo, IA 5% Alt. #I(Window Washing)N/A Alt. #2 Part 1 (Deep Disinfection $1,116.44/per occurrence Page 11 of 244 Page 4 Alt. #2 Part 2 (Electrostatic Spraying) $839.38/per occurrence $2,452.15 (Monthly) (Includes Consumables) Marsden Building Alt. #1(Window Washing)$480/Annual/$240/per occurrence Maintenance 5% Alt. #2 Part 1 (Deep Disinfection) $75/hr. (with ATP Testing) Des Moines, IA $55/hr. (without ATP Testing) $300 min. per occurrence Alt. #2 Part 2 (Electrostatic Spraying) $0.05/sq. ft. $300 min. per occurrence Voice vote-Ayes: Seven. Motion carried. RESOLUTIONS 159422 - Klein/Boesen that "Resolution approving additional construction administration fees of up to $91,000 for a professional services agreement with I & S Group, Inc. of Waterloo, Iowa, resulting in a total amount not to exceed$400,000, in conjunction with the Five Sullivan Brothers Convention Center Additional and Lobby Renovation Project", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-04. ADJOURNMENT 159423 - Juon/Grieder that the Council adjourn at 6:05 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 12 of 244 0 0 CrrY OF WATERLOO, IOWA PROCLAMATION INIIEREAS, Dr. Martin Luther King,Jr., changed our Nation forever through his leadership, service, and clarity of vision. On the Martin Luther King,Jr. Federal Holiday,we honor the lasting legacy of this great American, remember the ideals for which he fought, and recommit ourselves to ensuring that our country's promise extends to all Americans across this great land; and WHEREAS, Dr. King devoted his life to strengthening the content of the American character and called on our Nation to live up to its founding principles of life, liberty, and the pursuit of happiness for all its citizens; and INUER , Dr. King's faith gave him the courage to confront discrimination and segregation, and he preached that all the powers of evil are ultimately no match for even one individual armed with eternal truths. Through his determination, spirit, and resolve,Dr. King helped lift souls and lead one of the greatest movements in history for equality and freedom; and Our Nation has made progress toward realizing Dr. King's dream, yet the work to achieve liberty and justice for all is never-ending. We must continue to protect the rights won through the sacrifice of Dr. King and other civil rights leaders. Our Nation must never rest until equality is real, opportunity is universal and all citizens are empowered to realize their dreams; and WE5, As we observe Dr. King's birthday, I encourage all to celebrate his memory by performing acts of kindness through service to others. Let us live out Dr. King's teaching as we continue to work for the day when the dignity and humanity of every person is respected. NOW* THE ' 'OM I, Quentin Hart, Mayor of the City of Waterloo, do hereby call upon all citizens of Waterloo to join in the national observance of Dr. Martin Luther King, Jr.'s birthday on Monday, January 18, 2021, and encourage all to observe the day with appropriate civic, community and service programs and activities in honor of his life and legacy. IN STIIVIONY IEW(Wj, I have hereunto subscribed my name and caused the seal of the City of Waterloo to be affixed this 1711 day of January 2021. ATTEST: elley Felc Quentin Hart City Clerk Mayor O O Page 13 of 244 CITY OF WATERLOO Council Communication Resolution accepting a U.S. Department of Justice FY20 Coronavirus Emergency Supplemental Funding Program Grant for local communities affected by the COVID-19 virus, in the amount of$29,000, and authorizing the Mayor to execute said documents. City Council Meeting: 1/19/2021 Prepared: 1/4/2021 ATTACHMENTS: Description Type ❑ Coronavirus Grant Award Backup Material Resolution accepting a U.S. Department of Justice FY20 Coronavirus SUBJECT: Emergency Supplemental Funding Program Grant for local communities affected by the COVID-19 virus, in the amount of$29.000, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: Dave Mohlis, Police Captain Approval of Bureau of Justice Assistance, FY20 Coronavirus Emergency Recommended Action: Supplemental Funding Program grant in the amount of$29,000.00 and authorize the Mayor to sign grant documents. The Waterloo Police Department has been approved by the U.S. Summary Statement: Department of Justice for a no match Coronavirus Emergency Supplemental Funding Program grant up to $29,000.00 for cost related to the virus outbreak. Expenditure Required: None. There is no match for this grant. Source of Funds: Federal Grant Funds Policy Issue: None Alternative: None U. S. Department of Justice has authorized emergency funding for the local Background Information: departments to assist in funding for the Corona virus. The Police Department has been allocated up to $29,000.00. Page 14 of 244 IOWA ...rmr STATE OF IOWA KIM REYNOLDS OFFICE OF DRUG CONTROL POLICY GOVERNOR DALE R. WOOLERY,DIRECTOR ADAM GREGG LT.GOVERNOR MEMO December 30,2020 To: ODCP Grant Award Recipients From: Dennis Wiggins Re: Coronavirus Emergency Supplemental Funding(CESF)Round Two Grant Contract& Conditions Congratulations on your 2020 Coronavirus Emergency Supplemental Funding Grant award from the Governor's Office of Drug Control Policy (ODCP). Important information to help you get started with the grant follows. The enclosed grant contract packet includes the following materials for your careful review, authorized signatures,and timely return to ODCP: • CESF Contract Page &Special Conditions • CESF Standard Grant Conditions • Certified Assurances CESFSpecial Grant Conditions appearing on the front page of your Contract must be fulfilled. In some cases,the Conditions may need to be fulfilled prior to reimbursement of federal funds. Standard Grant Conditions are the rules of the program, and as a CESF grant recipient you must agree to comply with them. Certified Assurances include compliance conditions mandated by the Omnibus Crime Control and Safe Streets Act of 1968 and other related legislation. Please have the grant Contract page,the Certified Assurances,and the CESF Standard Conditions certification, signed by the person(s) authorized to do so. If your budget includes contract services,the contracting agency must also sign the CESF Standard certification and the Certified Assurances certification forms. Please return signed copies of the forms via e-mail to dennis.wigginsgiowa. og_v. The Governor's Office of Drug Control Policy will provide an online New Grantee Overview for CESF grantees January 19"at 1:30 p.m. We will provide an overview of the grant requirements, grant related paperwork,and the grant management system. The meeting is not required, but will be helpful if this is your first grant with the ODCP. Use the following link to connect to the January 19'h meeting- meet.google.com/zdd-afon-dnc. Completed contracts and certifications must be received by ODCP on or before February 10 2021. To review your approved grant budget and access required reporting forms,sign into Iowa's electronic grants management system at www.IowaGrants.gov and click on the"My Grants"icon. Congratulations again on your grant award. Thank you for your interest in a grant from ODCP. Please feel free to contact me if you have questions(515)725-0311 or dennis.wigginskiowa.gov. PAPE STATE OFFICE BUILDING,5"FLOOR,215 E.7TH STREET DEs MOINES,IOWA 50319 515-725-0300 Page 15 of 244 IOWA CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF)PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg., 5th Floor 215 E, 7th Street,Des Moines,Iowa 50319(515)725-0300 CESF CFDA 916,034 Grantee: Grant 020-CESF-383558 Waterloo Police Department Grant Period: January 1,2021 -December 31,2021 715 Mulberry Waterloo,Iowa 50703 Federal: $29,000 Mateh: $0 Total: $29,000 ODCP Contact: Dennis Wiggins 515/725-03 1 1 Legal Applicant: Program Director: Joe Leibold Robert Duncan This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation, the grant program request for proposal, and the stipulations, if any,noted under"Special Conditions." Exceptfor any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application for funds,the grant award notice,the budget documents,the standard grant conditions,the reporting forms,and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract,and agree to abide by the terms set forth within. SPECIAL CONDITIONS In witness wherefore,the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES Legal Applicant/Date Program Director/Date ODCP Administrator/Date Page 16 of 244 CITY OF WATERLOO Council Communication Motion approving final quantity adjustment for Vieth Construction Corporation for a net decrease of $19,398.51, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988, and instruct the City Clerk to publish said notice. City Council Meeting: 1/19/2021 Prepared: 1/5/2021 ATTACHMENTS: Description Type ❑ Cont 988_Final Qty Summary Backup Material Motion approving final quantity adjustment for Vieth Construction Corporation for a net decrease of$19,398.51, in conjunction with SUBJECT: the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Matt Schindel, Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Source of Funds: Storm Water Page 17 of 244 CITY OF WATERLOO,IOWA FINAL.QUANTIY SUMMARY PROJECT: C.Y.2020 CARDINAL DR. DONALD ST, I11N13[1D LN,MAR'11N RD DRAINAGE IMPROVEMEN % CONTRACT NO. 'q Date Prepared:f anuary 5,2021 AMOUNT: $ 19 398.51 Decrease TO: Vieth Construction Corp. Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated Se ternber 162019. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As-built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary, Total Net Decrease $19,398.51 CITY OF WATERLOO BY: Vieth Construction Corp. Mayor Date CONTRACTOR } BY: Date ATTEST: �/ ' PRINTED NAME: /d^."7 I/!� City Clerk Date TITLE: APPROVED: ity Engineer Date Page 18 of 244 r V 202o CANBUWI.DIL II0NAI.P51 IINIMI)NY b1W(IM BIJDRAINAUE IMAkfJ%TO'NIS L-ONTML-f 19116 FISFAI.QU&NI ITY ADJUAIm.01. PIAN FINAL VIFI II ClN4STCI�RP (XJAN111Y RF,LI DESCI(IITIOH IWL V(IONiaY UUANfITY UNJf TN1Cl: ON H'NFNCE INCR1fYK p1VI51oN 1-FARTHW ORK EARTHWORK,SUOGRADE,AND SUBBASE 1 CLFWUNO ANDORUDDINo UYAROA SY 51 9100 1 91113nM1 f fUPNNXI M[UP.IOCKFHLF,SI.1lFAIla]HCIIh:S SY 20d6 0 1 2S .1911.IN S (4 W773) { F1fCAVA311/N.CIh,K5 10 CY 4! 41W i 1500 1 F.XCAVAIIW4.CIA13 IOWASIE: CY 10 :600 ]- 5000 } F,XCAVAII(M,CAOIS 10110HROW CY Fl Baa S •1300 4700 1 Q"I 00) I, SMIGNADE PRFPARATI ON SY IAS L68.m S 300 T MODiF3ln1SOJOIA E,61NCIi NY IN 4v-16 t 1700 ]p:0 s Sv110 J AIiCYCI.EDAWIAI,T PAVIILII:NI ASSIlUBASE61NOI SY 40 3510 1200 4'd S INN 50) DIVISION 4-SEWERS AND BRAINS STORM SEWFRS 9 ftL7'.l21FJCfl U' 14'! 10.tW c 5300 kAw403 1 12600 10 RCP. 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LF 92 I17W5 360 1000 1 26000 i{ OKFISJVN SIONI;d IHCII TN 7 $00 1 9000 AS MACADA SI STUNF.10,10 IN 1 zoo i 1W CO 46 CRASS DREVFT1,11!HT TN w 2914 5 46(o -05A S (1176) OIVJSION 11-MISCELLANEOUS MOBILIZATION 4 7 MOD1117511011 Is 1 100 J 1800000 TOIAl.QUAATlrS'AOIU.yT61l:l.7=5 (19.19651) PAY IM:I1hTl!a!(114Q0191 6 FI,7.'A iY PAY 1LS7MATL"•1(1111111v19) 1 11,Ey5.9ll PAYIMIMATCS](1LSi2019) S 6616111 PAY ISII MATE s'4(1022010) 1 1.612 e2 FUTURE RFrA1NAOF '1 10.0220] T1T1'ALYAYMENI -4 200.54649 0PAIMAL COM PACT AMOUNT I1 51 FINAL WAVFI IY ADAISTMIYF 1 If9,79135) J:KA1.CUWRACT AMf%R7tT Y 260.8919 VII-3114CONSI M V ,}1 JJ 9-11- 'S Y KLIKI 1L' U COUI::321-U1-59061162 This document was created by an application that isn't licensed to use nova.PDF. Purchase a license to generate PDF files without this notice, Page 19 of 244 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of, Cedar Falls, Iowa, in the amount of$200,548.49, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988. City Council Meeting: 1/19/2021 Prepared: 1/5/2021 ATTACHMENTS: Description Type ❑ Cont 988—Maintenance Bond Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction SUBJECT: Corporation, of, Cedar Falls, Iowa, in the amount of$200,548.49, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Vieth Construction Corporation has completed the above referenced project Summary Statement: in accordance with the plans and specifications. Source of Funds: Storm Water Page 20 of 244 MAINTENANCE BOND Bond No. 2293236 KNOW ALL MEN BY THESE PRESBNTS; 'T'hat, Vieth Construction Corporation of Cedar Falls, Iowa a as principal,and the North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Waterloo,Iowa in the Pena!sum of Two Hundred Thousand Five Hundred Forty-eight And 491100 {$ $200,548.49 ) Dollars. lawful money of the United Stetes of America,for the pAyment of which,well and truly to be made, the Principal and Surety bind themselves,their and each of their heir's,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. Whereas,the said Principal entered into a certain contract,with City of Waterloo,Iowa To furnish all the material and labor necessary for the construction of FY 2020 Cardinal Dr.,Donald St., Linbud LN.,Martin RD.Drainage Improvements,Waterloo,IA; Contract No.988 in Waterloo, Iowa In conformity with cartain specifications;end Whereas,a furthtr cundidon of said contract is that iha said Principal should furnish a band in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two(2) years from the date of aceeptance,of the work under said contract,and Whereas,the said North American Specialty Insurance Company for a valuable consideration, has agreed to join with said Principal in such bond or guarantee,indemnifying said City of Waterloo, Iowa Now, therefore,the condition of this obligation is such,that if the said Principal shall,at lois own cost and expense,mmedv anv and all defc"s that may develop in Said work within the period of two(2) . years from the date of acceptance of the work under said contract,by reason of bad workmanship or poor material used in the Construction of said Work,and shall keep all Work in continuous good repair during said period,and shall in all other respects,comply with all the terms and conditions of said contract with respect to maintenance find repair of said work,then this obligation to be null and void;otherwise to be and remain in full force and virtue in law. In witnoss whereof, we{rave horcunto Set out, hands and seals t11f5 16th tidy of December 12020 , Vieth Construction Corporation ,r Princi a By. . North American Specialty Insui' nce Company Surety 1/'.) > Dione R.Young or ey-tn- ac Page 21 of 244 `r SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MI;N BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri,and Westport Insurance Corporation,or anized under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri does hereby make,constitute an appoint: JAY D.FREIERMUTH,CRAIG E.HANSEN,13RIAN M.DEIMERLY,SHIRLEY S.BARTENHAGEN,CINDY BENNETT,ANNE CROWNER TIM McCULLOH,STACY VENN,DIONE R.YOUNG,WENDY A.LEWIS,and STACIE CHRISTENSEN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Pact,to make,execute,seal and deliver,£or and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bands,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the sea]of the Company; and it is i FURTHF,R RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney 01,to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future Nvith regard to any bond,undertaking or contract of surety to which it is attached." \\\gtllNlftlg171// viutxwwtrgy,� � �) ��tAurr,, vz,,�� �at ooBy 4�—— 1t�AMCg [rCa 5 Stereo n crsory enrnr ecc President o r as ngton ttlerara ona usurauce Company Cr CCA a p; r,, t•FA &Senior Vice President of Nerllt American Specially Insurance Company _ g &Senior Vice President of Wceesiporl insuranCorporntion S ws.x UC75`'de 1873 Qm;n Mi ►� }. \\ •••''(i,.'r e A.Ito,Scnior Vice President of SVmbington Inlernational Insurance Company �~• #tr' h//llflffll11111�11� i &Seniar Vice President of NortEr.leuerican Specialty Insurnnro Company , &Satior Vice President of Wesipori Insurance Corporation IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 3RD day of DECEMBER 20 20 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 3RD day of DECEMBER 20 24>before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Sensor Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington hlternational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL n.KEEN/ �..�' \ �:. � i ;.. •�:�t .'. I Mot" ryh"ic Smlcnf'Ilirain My Cnmenissian 6Nir�-s �\ 124142D21 M.Kenny,Notary Public 1, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington international Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in fill force and effect. IN WITNESS WHERFOP,I have set my hand and affixed the seals of the Companies this 16thday of December 2020 Jeffrey Goldberg,Vice President&Assistant S—airy.£Washington Cntemationalln urdliFZ'X'E'm Of 244 North American Specialty insurance Company&Vice President&Assistant Secretary or Westport[nsasanee Corporation CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 11, 2021 and date of public hearing as February 15, 2021, for the FY 2021 Sanitary Sewer Gatewell Repairs Project, Contract No. 951, and instruct the City Clerk to publish said notice. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 Resolution approving preliminary_plans, specifications, form of contract, etc. and setting date of bid opening as February 11, 2021 and date of public SUBJECT: hearing as F ebn ary 15, 2021, for the F Y 2021 S anitary S ewer Gatewell Repairs Project, Contract No. 951, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Summary Statement: AE C O M Page 23 of 244 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as February 1, 2021 to approve the request by the City of Waterloo to rezone approximately 39 acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District for property located East of 2971 Independence Avenue, and instruct the City Clerk to publish said notice. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Resolution setting date of public hearing as February 1, 2021 to approve the request by the City of Waterloo to rezone approximately 39 acres from"A- SUBJECT: 1"Agricultural District to "M-2,P"Planned Industrial District for property located East of 2971 Independence Avenue, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a resolution setting date of public hearing as February 1, 2021 to approve the request by the City of Waterloo to rezone Summary Statement: approximately 39 acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District located at East of 2971 Independence Avenue, and instruct the City Clerk to publish said notice. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. The applicant is requesting to rezone the property in question for future industrial development. The request would not appear to have a negative impact on the neighborhood as the area is adjacent to properties zoned"M-2,P". The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Independence Avenue, which is classified as a collector. Currently there is no sidewalks in the area. The Martin Luther King, Jr. trail is located 0.488 miles to the north. The area of the proposed site is currently zoned "A-1"Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in Page 24 of 244 1969. Surrounding uses and zoning: North—Agricultural zoned"M-2,P"Planned Industrial Distrcit. South—Agricultural zoned "C-2"Commercial District and"A-1" Agricultural District East—Ferguson Distribution Center and Agricultural zoned "M-2,P" Planned Industrial District. West— Residential, a mobile home park, and agricultural zoned"A-1" Agricultural District, "R-4"Multiple Residence District and"M-2,P" Planned Industrial District. Homes in the area were built between 1919 and 1940 and Ferguson Distribution was built in 2004. No Buffering will be required for the rezone, and would be reviewed as future development through a Site Plan Amendment approval process. A drainage plan will not be needed for the rezone, however a drainage plan will need to be included with any development that occurs at the site. A portion of the property in question is located in Special Flood Hazard area Zone A— 100 Year Floodplain and Floodway as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0194F & 0307F, dated July 18, 2011. Highland Elementary School is located 1.53 miles to the southwest, Bunger Middle School is located 1.82 miles to the south, and East High School is located 2.67 miles to the west. The nearest open space is Maywood Park located 1.03 miles to the Background Information: southwest. There is a 12" Sanitary Sewer Line on the south side of Independence Avenue along with a waterline on the north side of Independence Avenue. There are overhead power lines along the north side of Independence Avenue. The Future Land Use Map designates this area as Industrial and the proposed area of future development appears to be compatible with the comprehensive plan. The City of Waterloo is requesting to rezone approximately 39 acres from "A-1"Agricultural District to "M-2,P"Planned Industrial District for future industrial development. A portion of the area being proposed for rezone was acquired by the City of Waterloo for industrial development. The city then demolished the old farmstead. Except for a few properties immediately to the west of the proposed rezone all properties that surround these properties are also zoned "M-2,P"Planned Industrial District and is considered part of the Northeast Industrial District. In addition the future land use map for the properties does designate the properties as industrial. A portion of the property in question is in the 100 year flood plain and the floodway and any future development will need to take this into account in their development plans. The applicant is not planning to subdivide the property at this time. The Planning and Zoning Commission will review this request at their regular meeting on January 12, 2021, and their recommendation will be reported at the Council meeting. Therefore, staff recommends that the request to rezone approximately 39 acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District be approved for the following reasons: Page 25 of 244 1. The request would not appear to have a negative impact on the surrounding area. 2. The area is mostly surrounded by land that is zoned "M-2,P"Planned Industrial District and is adjacent to the Ferguson Distribution Center. 3. The properties in question are classified as Industrial on the Future Land Use Map. The Southwest '/4 of the Southwest1/4o f Section 21, Township 89 North, Legal Descriptions: Range 12 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa. Page 26 of 244 January 12,2020 REQUEST: Request by City of Waterloo to rezone approximately 39 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at East of 2971 Independence Avenue. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone the property in question for DESCRIPTION: future industrial development. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & neighborhood as the area is adjacent to properties zoned "M-2,P". SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Independence Avenue, which is classified as a collector. CONDITIONS: RELATIONSHIP TO Currently there is no sidewalks in the area. The Martin Luther King, RECREATIONAL Jr. trail is located 0.488 miles to the north. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed site is currently zoned "A-1" Agricultural FOR SITE AND District and has been zoned as such since the adoption of the IMMEDIATE Zoning Ordinance in 1969. Surrounding uses and zoning: VICINITY: North — Agricultural zoned "M-2,P" Planned Industrial Distrcit. South — Agricultural zoned "C-2" Commercial District and "A-1" Agricultural District East — Ferguson Distribution Center and Agricultural zoned "M-2,P" Planned Industrial District. West — Residential, a mobile home park, and agricultural zoned "A- 1" Agricultural District, "R-4" Multiple Residence District and "M-2,P" Planned Industrial District. DEVELOPMENT Homes in the area were built between 1919 and 1940 and Ferguson HISTORY: Distribution was built in 2004. BUFFERS/ No Buffering will be required for the rezone, and would be reviewed SCREENING as future development through a Site Plan Amendment approval REQUIRED: process. DRAINAGE: A drainage plan will not be needed for the rezone, however a drainage plan will need to be included with any development that occurs at the site. FLOODPLAIN: A portion of the property in question is located in Special Flood Hazard area Zone A— 100 Year Floodplain and Floodway as indicated by the Federal Insurance Administration's Flood Insurance East of 2971 Independence rezone from"A-1"to W-2,P" PS9@f 27f of 244 January 12,2020 Rate Map, Community Number 190025 and Panel Numbers 0194F & 0307F, dated July 18, 2011 . PUBLIC /OPEN Highland Elementary School is located 1.53 miles to the southwest, SPACES/ Bunger Middle School is located 1.82 miles to the south, and East SCHOOLS: High School is located 2.67 miles to the west. The nearest open space is Maywood Park located 1.03 miles to the southwest. UTILITIES: WATER, There is a 12" Sanitary Sewer Line on the south side of SANITARY SEWER, Independence Avenue along with a waterline on the north side of STORM SEWER, Independence Avenue. There are overhead power lines along the ETC: north side of Independence Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial and the COMPREHENSIVE proposed area of future development appears to be compatible with LAND USE PLAN: the comprehensive plan. STAFF ANALYSIS — The City of Waterloo is requesting to rezone approximately 39 acres ZONING from "A-1" Agricultural District to "M-2,P" Planned Industrial District ORDINANCE: for future industrial development. A portion of the area being proposed for rezone was acquired by the City of Waterloo for industrial development. The city then demolished the old farmstead. Except for a few properties immediately to the west of the proposed rezone all properties that surround these properties are also zoned "M-2,P" Planned Industrial District and is considered part of the Northeast Industrial District. In addition the future land use map for the properties does designate the properties as industrial. A portion of the property in question is in the 100 year flood plain and the floodway and any future development will need to take this into account in their development plans. STAFF ANALYSIS — The applicant is not planning to subdivide the property at this time. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 39 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The area is mostly surrounded by land that is zoned "M-2,P" Planned Industrial District and is adjacent to the Ferguson Distribution Center. 3. The properties in question are classified as Industrial on the Future Land Use Map. East of 2971 Independence rezone from"A-1"to"M-2,P" PS9@F25of 244 City of Waterloo Planning, Programming and Zoning Commission Janauary 12, 2021 GT DR of C3 o w o A-1 Z M-1 GT DR r 0 z MARTIN LUTHER KING,JR DR O co M-2,P F- A71_ DR' ', ,• --/ OR J � 0 Q R'4 IND PENDENCEAVE C=17, I Z DAN'S DR' V I F- C-2 A-1 R-3 im w J \_ 1O ROCKY RD -A=1 FRANKLIN ST WF- MULBERRY ST A-1 LU MULBERRY ST r ARCHER AVE )RLN*0 = O U) 0 F- BUTLER AVE 2 R-2 w COTTAGE GROVE AVE J Y U) R-1,R-P DEA^^RBORN AVE 1 , Ow R-2,C-Z N East of 2971 Indpendence Avenue W .E Rezone from "A-1" to "M-2,P" s City of Waterloo 1.000 500 0 ,.000 . . Feet Page 29 of 244 City of Waterloo Planning, Programming and Zoning Commission January 12, 2021 f MIN- R C tt 1 t % f _ t� ? G F E r� l� INDEPENDEN VE INDEPENDENCEAVE IND NCEAVE INDEPENDENCE AVE T 2971 Independence Properties Proposing Rezoning J N East of 2971 Independence Avenue W .E Rezone from "A-1" to "M-2,P" s City of Waterloo Page 30 of 244 City of Waterloo Planning, Programming and Zoning Commission January 12, 2021 Legend 0 Agriculture Vacant ® Agriculture, Residential(possibly) Low Density(1 &2 Family) ® Mixed Residential: Low, Medium, High Density Residential; Professional Offices ® Mixed Commercial: Medium to High Density Residential; Professional Offices; Neighborhood Commercial - Commercial - Business Park: Professional Offices,Commercial with Compatible Light Industrial _ Industrial Parks, Open Spaces,Schools, Hospitals, Government Fac., Public Areas,Airport Semi-Public, Utilities, Hospitals • _� IIIE III I IUII� DELL DR 6 &DADAN'S'DRt INDEPENDENCE AVE IN PENDENCE AVE INDEPENDENCE AVE r, I W 29711ndependence Properties Proposing Rezoning J � ROCKY RD ROCKYRD I� FRANKLIN ST FRANKLIN ST N East of 2971 Independence Avenue W .E Rezone from "A-1" to "M-2,P" s City of Waterloo all Future Land Use Map Page 31 of 244 East of 2971 Independence Avenue Rezone d, 1 i t. ,r y " ' .. -_ -- --- - -• .. �?, +;:...tin_; ,. Looking northeast from Independence Avenue toward Ferguson Distribution Looking north from Independence Avenue at location of former home toward Iowa Northern Railroad tracks. Page 32 of 244 m u Nw {{ W.iT Looking northwest from Independence Avenue. Looking west along Independence Avenue toward Skyview Road. Page 33 of 244 Page 34 of 244 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(please print): OF W Address: _� f G 1(b ULAj%PQ J A jPhone: 3 0- )-q 1–K 3&� Fax: City: (/ A Idt (_QO State: ) /} Zip: 90-70 Email: Kbit�L. !&r,,j 1wV Sr*,,L1(Z(A/.@Ti� b. Status of applicant: (a)Owner(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: Email: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: � 6} 15F �9 7_I—f-^JQC'Pav0j�,J C.c/ b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: Requested zoning: io f. Reason(s)for rezoning and proposed use(s)of property: Foly2�- n10 05-7,9 1 , r!I pnomi-r g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300+$10 per acre($750 max) (payable to the City of Waterloo) is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjuiy tha all information on this request and submitted alon it is true and correct. All information submitted 2wilbe used the Waterloo Planning, Programming, and oningVommission and the Waterloo City Council in ision. The undersigned authorize City oning cials to enter the property in stio ' re t. S Signature of Applicant Date Signature of Owner Date Page 35 of 244 The Southwest% of the Southwest% of Section 21,Township 89 North, Range 12 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa. Page 36 of 244 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as February 1, 2021, to approve the Fourth Amendment to a Development Agreement with IPE1031 REV279, LLC (Cardinal Construction)to convey additional land and award four years at 50 percent tax rebates for the expansion/construction of a shared detention pond system, and instruct the City Clerk to publish said notice. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ 4th Amendment Backup Material ❑ Original DA Backup Material ❑ Map of area 4th Amend Backup Material Resolution setting date of public hearing as February 1, 2021, to approve the Fourth Amendment to a Development Agreement with IPE1031 REV279, SUBJECT: LLC (Cardinal Construction)to convey additional land and award four years at 50 percent tax rebates for the expansion/construction of a shared detention pond system, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve resolution The City's original Development Agreement allowed for additional rebates Summary Statement: through the construction of shared detention system-which will allow for more development of land closer to Martin Road and utilities. The rebates awarded are based on costs for added/expanded area construction. Expenditure Required: Tax rebates Source of Funds: Martin Road TIF Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create Policy Issue: an environment to attract population to Waterloo, create new tax base, new investment in CURAarea and TIF areas Alternative: Not approve Background Information: See summary Area to be conveyed: Legal Descriptions: The North 150 feet of Lot 2, Lot 3, and Tract A, Brock Third Addition, Waterloo, Iowa Page 37 of 244 Page 38 of 244 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 Return to Waterloo Planning Dept, 715 Mulberry Street,Waterloo, IA 50703 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT and AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Fourth Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2020, by and between the City of Waterloo, Iowa ("City") and IPE1031 REV279, LLC ("Assignee"). RECITALS A. Assignee is assignee and successor-in-interest to Cardinal Construction, Inc. ("Cardinal') in connection with that certain Development Agreement dated August 7, 2017, as previously amended by amendments dated February 24, 2018, April 2, 2018 and September 4, 2018 (collectively, the "Agreement"), concerning the development of property as described in the Agreement. The original agreement and first and second amendments were filed in the county land records as Doc. Nos. 2018-16599, 2018-16600 and 2018-16603, respectively. The third amendment has not yet been filed. City and Assignee, as assignee and successor-in-interest to Cardinal, are parties to that certain Minimum Assessment Agreement dated August 7, 2017 (the "MAX) pertaining to the Property. B. The parties desire to amend the Agreement and the MAA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. The Agreement is amended to add the following new terms: A. City will convey to Assignee, for the sum of$1.00, the real property described as "The North 150 feet of Lot 2, Lot 3, and Tract A, Brock Third Addition, Waterloo, Iowa," on the same terms as set forth in Section 1 of the Agreement. Said conveyance shall occur within 60 days after the date of this Amendment. Upon conveyance, said real estate shall be included as part of the "Property" under the Agreement. Page 39 of 244 B. By , 2020, Assignee will construct upon the expanded Property an enlargement of the detention basin currently existing on Lot 1 of Brock Third Addition. Assignee agrees that the enlarged basin will receive surface water drainage from Lots 2 and 3, and Assignee agrees to design and construction the basin in accordance with all applicable requirements and to negotiate a shared-basin agreement with the owner(s) of Lots 2 and 3. C. If City acquires the parcel identified as 1318 Martin Road, then Assignee and/or Cardinal will have a right of first refusal to purchase said parcel and Tract B of Brock Third Addition. Said right shall exist for a term of five (5) years from when City purchases 1318 Martin Road and shall be exercisable within twenty (20) days after City notifies Assignee and Cardinal of a proposal from a third party unaffiliated with Assignee or Cardinal to undertake a development project on said property. To exercise said right, Assignee or Cardinal must notify City in writing that it will undertake a project on the property that at least matches the project terms of the third-party proposal. Promptly following timely exercise of the right, the parties will negotiate and enter into a new development agreement and related minimum assessment agreement that specifies project terms and any related City incentives. 2. Section 5 of the Agreement is amended to add four (4) additional years of rebates at 50% for each year, for a total of nine (9) years of rebates. 3. Section 2 of the MAA is amended to strike "December 31, 2030" therefrom and to substitute "December 31, 2037" in its place. 4. Except as modified herein, the Agreement and the MAA shall continue unmodified in full force and effect. Capitalized terms used herein that are not defined in this Amendment shall have the meaning attributed to them in the Agreement. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. IPE1031 REV279, LLC CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor Title: President Attest: Kelley Felchle, City Clerk 2 Page 40 of 244 r DEVELOPMENT AGREEMENT Prepared by: Noel Anderson, 715 Mulberry Street, Waterloo, Iowa 50703 319.291.4366 This Development Agreement is entered into as of , 2017, by and between Cardinal Construction, Inc. (an Iowa Corporation), (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Martin Road Development Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before August 30, 2017, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property") for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. It is acknowledged that neither the City nor the Company has conducted a Phase 1 or other environmental study of the Property, which was formerly an acreage and cropland which are believed to have caused minimal environmental impact. Therefore it is agreed that if, within twelve (12) months of conveyance, it is determined that there was a violation of environmental law or regulation at the time of conveyance which is not of the making of 1 Page 41 of 244 the Company, its successors, contractors or agents, then the City will bear the costs of remediation or cleanup and indemnify and hold the Company harmless from such costs, within a scope of remediation consistent with hazards reasonably possible in light of the Property's former use as an acreage and cropland. If remediation is necessary for conditions outside such scope, the parties agree to negotiate in good faith regarding allocation of costs. 2. Improvements by Company. A. New Construction. Company shall construct a building consisting of approximately 5,000 square feet of office and 15,000 sq. ft. of industrial building, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes, and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the value added by the Improvements will, upon completion, result in an assessed value of no less than $1,100,000.00. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". B. FloodwaV Alterations. A portion of the Property lies within the floodway. Company will remove fill from the floodway area and deposit it on buildable areas of the Property, to raise the elevation of such area. Company may also choose to construct, before the Project Completion Date defined below, a detention pond of a size greater than is necessary to handle storm water runoff from the Project site, to receive surface water flows from other properties in the vicinity. If such a detention pond or system is capable of use by developments other than the Project, then City will negotiate with Company in good faith to compensate Company for its investment in excess capacity of the detention pond. C. Wetland Development. Company may choose to develop, before the Project Completion Date defined below, a wetland area within the floodway area on the Property, and in that event City will work with Company in good faith to identify other current wetland areas along West Ridgeway Avenue that may be suitable for transfer to Company for development purposes. Terms of any transfer may be set forth in a separate development agreement. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Company must obtain a building permit and begin construction no later than twenty--two (22) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements on the Property 2 Page 42 of 244 shall be completed within twelve (12) months of that Project Start Date (the "Project Completion Date"). If, by the Project Start Date, Company has not begun in good faith to begin construction of the Improvements upon the Property, then title to the Property shall revert to the City. If construction has not begun by the Project Start Date, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced by the Project Start Date or within any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter of title. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. Water and Sewer. City will provide water main and sewer main infrastructure to the Property line, and Company will be responsible for extending water and sewer service to any location on the Property that it desires and for payment of any associated connection fees. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 6, the City agrees to rebate property taxes (with the exceptions noted below) as follows: a. Year One - 50% rebate b. Year Two - 50% rebate C. Year Three - 50% rebate d. Year Four - 50% rebate e. Year Five - 50% rebate for any taxable value over the January 1, 2017 value of $21,764 (calculated as 5.5 acres from parcel number 8913-32-426-003 which is valued at $2,098.75 per acre for a 3 Page 43 of 244 total of $11,544; and for the entire parcel of 8913-32-426-002 valued at a total of $10,220). Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, otherwise Company will forfeit its right to a rebate for that year. The taxable value of the Property as a result of the improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $1,100,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 4 Page 44 of 244 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Abstracting. No less than ten (10) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 10. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Cardinal Construction, Inc., 531 Commercial Street, Suite 700, Waterloo, Iowa 50701, Attention: Gene Leonhart. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days 5 Page 45 of 244 following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit °B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, 6 Page 46 of 244 discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA CARDINAL CONSTRUCTION, INC. By: By. Quentin Hart, Mayor Title: Attest: Kelley Felchle, City Clerk Page 47 of 244 EXHIBIT "R" Legal Description of Property To be platted 1 Page 48 of 244 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Cardinal Construction, Inc. (an Iowa Corporation ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the "Martin Road Development Area"; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $1,100,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2030. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment 1 Page 49 of 244 made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor ATTEST: By: Kelley Felchle, City Clerk Cardinal Construction, Inc. Corporation By: Title: STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of 2 Page 50 of 244 its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK } Acknowledged before me on , 2017 by as of Cardinal Construction, Inc. Notary Public 3 Page 51 of 244 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Million One Hundred Thousand Dollars ($1,100,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) Ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld as Assessor for Black Hawk County, Iowa. Notary Public 1 Page 52 of 244 - + �:�•::.�.. �r}l _ , .tet. �, ;w. ,:. 06 0 -JL IK 7- , - t CITY OF WATERLOO Council Communication Resolution setting date of hearing for February 1, 2021 for the sale and conveyance of city owned property located at the northwest corner of Beech Street and Webster Street, to Walter and Kelly Reed, for$1,738.80, with a Development Agreement, and instruct the City Clerk to publish said notice. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Map Backup Material ❑ Reed DA Backup Material Resolution setting date of hearing for February 1, 2021 for the sale and SUBJECT: conveyance of city owned property located at the northwest corner of Beech Street and Webster Street, to Walter and Kelly Reed, for$1,738.80, with a Development Agreement, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve resolution The City acquired the lot through 657A process and is now selling to a Summary Statement: private owner. The price is determined by the assessed value of the lot minus improvements made to the lot(fencing). The Reeds have family members abutting on land to north. Expenditure Required: None Source of Funds: NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create Policy Issue: an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Background Information: See summary Legal Descriptions: Rose Hill First Addition Lot 11 Block 2 Page 54 of 244 co uj Mr A .: NEWELL-ST l I , i =QUINCYST ----- _ I -WEBSTER ST WEBSTERLLJ 4, ST uj m 17 All —ADAMS ST ADAMS ST U I r W I X` o _ •1H C I i f"! COTTAGE ST, J COTTAGE ST Cit-LJ of Waterloo, lower Northwest Corner of Beech Street and Webster Street LE— Pag e 55 CITY OF WATERLOO Council Communication Motion approving Change Order No.I with Kidder Construction, Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the City of Waterloo Public Works Truck Wash, Project No. 19-23490, and authorizing the Mayor to execute said document. City Council Meeting: 1/19/2021 Prepared: 1/5/2021 ATTACHMENTS: Description Type ❑ Change Order No.l for truck wash Backup Material Motion approving Change Order No.l with Kidder Construction, Inc., of SUBJECT: Waterloo. Iowa, for no increase to the project tota, in conjunction with the City of Waterloo Public Works Truck Wash, Project No. 19-23490, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Motion Addition piping and supports, box roof curb, adding duplex, etc., for Summary Statement: completion of project. Reduce in Specified General Allowance from $10,000 to $6,689.57 so contract sum remains unchanged. Please see attached document for detailed description. Expenditure Required: $0.00 to total project Policy Issue: Strategy 4.5:Maintain and develop community services and city facilities that support quality of place. Page 63 of 244 Document G701 - . 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Public Works Truck Wash Area Contract For:General Construction Change Order Number:001 Improvements for the City of Waterloo, Project No: 19-23490 Iowa, VOW Date:July 30,2020 Date:December 3,2020 NER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Kidder Construction,Inc. 715 Mulberry Street 314 East 4th Street 6036 Foulk Road Waterloo,IA 50703 Waterloo,IA 50703 PO Box 2242 Waterloo,IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. Box roof curb in lieu of rubber boot and clamp.....................................................................Add $1,137.93 B. To add a duplex outlet in the Mechanical Room on a separate circuit for future soaptank agitator...................................................................................................................Add $ 230.00 C. Add a hose bib in the Mechanical Room for future soap tank...............................................Add $ 240.06 D. Saw cut salt spray trench from 13'as shown on drawings to 23'long back to partition wall. Saw cut and chipped trench for piping..........................................................Add $ 462.15 E, Cut off an existing heavy conduit and PVC piping. Ground surrounding concrete floor and filled holes with pour rock hydraulic cement...........................................................Add$ 280.00 F. Add a hose bib in truck wash bay for area wash down,insulated...........................................Add$ 349.13 G. Additional piping and supports for 1-1/2" drain line. Existing floor drain was in a different location than what was shown on drawings.............................................................Add $ 611.16 TOTAL ADD $3,310.43 REDUCE SPECIFIED GENERAL ALLOWANCE FROM$10,000 TO$6,689.57. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was $ 302,574.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 302,574.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 j The new Contract Sum including this Change Order will be $ 302,574.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be November 30,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701 n—2017.Copyright @ 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and'AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:27:18 ET on 12/03/2020 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: PaY&RI&244 NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. 1&S Group, Inc. (ISG) Kidder Construction,Inc. City of Waterloo ARCHITECT(Firm name) CONTRA OR(Firm name) I OWNER(Fit-in name) SIG/NATURE SIGNATURE SIGNATURE Nathan Compton,Architect/Project Lonnie Kidder Manager Quentin Hart,Mayor 51L'fJ PRINTED NAME AND TITLE PRINTED NAME AND TITLE �am�,, PRINTED NAME AND TITLE 'V December 3,2020 e� e�'�2 L0 &20 DATE DATE DATE AIA Document G701——2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document 2 was produced by AIA software at 18:27:18 ET on 1210312020 under Order No.8114132283 which expires on 07112/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsOl Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: Page961z4u't 244 CITY OF WATERLOO Council Communication FY 2021 Center For The Arts Parking Improvements Phase 3, Northwest Half Project, Contract No. 1004. City Council Meeting: 1/19/2021 Prepared: 1/4/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted by: Submitted By:Matt Schindel, Associate Engineer Source of Funds: GO Bond Funds Page 66 of 244 FY 2021 Center For the Arts Parking Improvements, Phase 2, Northwest Half Project, Contract No. 1004 Bid Opening: January 7, 2021 Bid Tab Bid Estimate: $580,700.00 Bidder Bid Security Bid Amount Peterson Contractors, Inc. 5% $554,672.70 Reinbeck, Iowa Vieth Construction Corporation, Cedar 5% $609,882.80 Falls, Iowa K Cunningham Construction Co., Inc., 5% $634,566.75 Cedar Falls, Iowa Lodge Construction Inc., Clarksville, Iowa 5% $558,399.80 Page 67 of 244 CITY OF WATERLOO Council Communication FY 2021 Highway 63 Enhancements from Washington Street to Parker Street Project, Contract No. 1029. City Council Meeting: 1/19/2021 Prepared: 1/4/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Contract Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Project let by the IDOT on December 15, 2020. 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: Submitted By: Matt Schindel Associate Engineer Bids were opened December 15, 2020 by the IDOT. Summary Statement: Source of Funds: TAP Funds GO Bond funds Page 68 of 244 Apparent Bids for Letting of Dec 15, 2020 Letting ID: 20/12/15 Cut-off Time: 10:00:59 AM CST Proposal: 103--07-8155-774 Counties: BLACK HAWK PCC SIDEWALK/TRAIL Bidder Name Bid Amount Comment DBE VIETH CONSTRUCTION CORPORATION $1,580,506.81 3.04% BOULDER CONTRACTING, LLC. $1,591,111.83 3.02% LODGE CONSTRUCTION INC. $1,799,677.50 3.00% JB HOLLAND CONSTRUCTION, INC. $1,835,884.12 3.00% PETERSON CONTRACTORS INC. $2,019,092.10 3.00% (5 apparent bids) Page 69 of 244 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 70 of 244 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 71 of 244 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 72 of 244 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 73 of 244 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 74 of 244 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 75 of 244 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 76 of 244 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 77 of 244 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 78 of 244 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 79 of 244 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 80 of 244 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 81 of 244 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 82 of 244 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 83 of 244 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 84 of 244 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 85 of 244 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 86 of 244 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 87 of 244 (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 88 of 244 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 89 of 244 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 90 of 244 "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 91 of 244 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 92 of 244 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 93 of 244 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 94 of 244 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 95 of 244 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 96 of 244 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 97 of 244 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 98 of 244 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 99 of 244 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 100 of 244 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 101 of 244 CITY OF WATERLOO Council Communication Resolution approving the payment of invoices as needed (generally weekly)by the Finance Department with subsequent approval by the City Council. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Bill Payment Process Resolution Backup Material SUBJECT: Resolution approving the payment of invoices as needed (generally weekly) by the Finance Department with subsequent approval by the City Council. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Bill payments will continue to be processed weekly by the Finance department to maintain the effectiveness and efficiency of the bill payment Summary Statement: process. Bill payments paid during weeks when there are no finance committee or council meetings will be submitted and approved at subsequent meetings. This is necessary due to the change in the number of council meetings held monthly. This removes a"safety net"feature for the Finance Department because invoices will be paid prior to council review. However, this is the best way to ensure that invoices are paid timely and that no finance charged are incurred. Policy Issue: Staff will need to ensure that necessary pre-approvals for change orders and required pre-authorizations are obtained prior to submitting invoices for payment. Please contact me with questions. Page 102 of 244 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: January 19, 2021 HART Prepared: January 6, 2021 Dept. Head: Michelle Weidner, CFO COUNCIL MEMBERS ..................• Number of Attachments: Bill Payment Process MARGARET SUBJECT: Resolution approving the payment of invoices as KLEIN p p g p Y Wards needed (generally weekly) by the Finance Department with subsequent approval by the City Council. JONATHAN GRIEDER Summary Statement: Bill payments will continue to be processed weekly Ward by the Finance department to maintain the effectiveness and efficiency of the bill PATRICK payment process. Bill payments paid during weeks when there are no finance MORRISSEY committee or council meetings will be submitted and approved at subsequent Ward meetings. This is necessary due to the change in the number of council meetings held monthly. JEROME AMOS,JR. Ward Policy Issue: This removes a "safety net" feature for the Finance RAY Department because some invoices will be paid prior to council review. However, FEUSS this is the best way to ensure that invoices are paid timely and that no finance Wards charged are incurred. SHARON Staff will need to ensure that necessary pre-approvals for change orders and JUON required pre-authorizations are obtained prior to submitting invoices for payment. At-Large DAVE Please contact me with questions. BOESEN At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 103 of 244 CITY OF WATERLOO Council Communication Resolution approving award of HoteUMotel Tax Council Discretionary Funds to the Waterloo Waterloo Municipal Concert Band in the amount of$13,619 for the 2020 summer season, Leisure Services Event Shuttle in the amount of$4,485 and Waterloo Leisure Services, and SportsPlex in the amount of$6,250. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Waterloo Comm Concert Band 2020 Summer Season Backup Material ❑ Leisure Event Shuttle 2020 Season Backup Material ❑ SportsPlex 2021 Marketing Backup Material ❑ Hotel Motel Discretionary History Backup Material Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo Waterloo Municipal Concert Band in the amount of 513,619 SUBJECT: for the 2020 summer season, Leisure Services Event Shuttle in the amount of 54,485 and Waterloo Leisure Services, and SportsPlex in the amount of S6,250. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Funding Recommendations: r ----------------------------------------------------------------------------------------------r--- ------ Waterloo Community Concert Band -Summer 2020 Season $ 13,619; -------------------------- ------------------------------------------------------------------------- ------------- Leisure Services- Event Shuttle Winter 2020 4,485; Summary Leisure Services SportsPlex-2020-21 Marketing Campaign6�; Statement: Total $24,354: ------------------------------------------------------------------------------------------------------------------------ The award history for discretionary hoteUmotel tax awards is included for your reference. These requests total$24,354 from council discretionary hotel/motel tax Expenditure Required: funds. Due to the significant decline in hotel/motel tax receipts during the pandemic, no discretionary awards have been proposed for some time. We have received adequate revenue to make these awards. HoteUMotel Tax Discretionary Funds. The current available balance for Source of Funds: FYE2021 is $112,924.44. We should be able to award future grants for activities next summer even with making these awards. The award history for discretionary hoteUmotel tax awards is included for your reference. Page 104 of 244 4i . • City Council Discretionary Hotel-Motel Grant Application Waterloo, Iowa The City Waterloo Iowa is offering grants to non-profit entities for projects and community events that support tourism, our quality of life and which bring people to the downtown. These grant funds are made possible through the hotel/motel tax funds received by the City of Waterloo. By city ordinance 10%of the revenues generated from the Hotel-Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. If you are interested in applying for funding please complete the application. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Municipal Band Name of facility/project Summer band concert season (eight concerts) Contact person Julie Anderson Email jannra56@gmail.com Address of organization or person completing application: Street 4308 Granite Ridge Rd City Cedar Falls State Iowa Zip 50613 Phone 319-239-3686 Fax: 2. What is the mission of your organization? To provide free "in the park" band concerts for the citizens of Waterloo and surrounding area. The tentative 2020 season will include concerts on June 4, 11, 18, 25 and July 2, 9, 16, 23 3. How long has your organization been in existence? Band was established in 1926 Page 105 of 244 4. How many staff members and/or volunteers are involved in this organization and the project? Two librarians, 6 board members, One personnel manager, conductors, 45 band members 5. Please indicate all the categories that your projects supports: Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 —Brings people downtown Category 4— Supports Waterloo quality of life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories? The band provides free concerts to enhance the quality of life for the citizens of Waterloo. Our project promotes the arts in our community. We invite guest artists within our community to perform. We have also involved other organizations in our concert series. i.e. Waterloo Amvets, metropolitan chorale, Iowa Trombones, etc. 7. If your project has or will continue for more than one year,please explain your plans for financial sustainability? Because the concerts are free for all audience members, no money is generated. In Iowa, Municipal/community concert bands are funded by cities. 8. Give an estimate of how you plan to measure the success of the project: The size and growth of our audience measures our success. The enthusiasm within the community for our concerts. The involvement and commitment of our band members. 9. Describe specifically how the proposed project will be marketed. Newspaper announcements, electric signboards, posters, public announcements, website, facebook Page 106 of 244 10. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. (See attached budget) There are no additional funding sources other than an occasional small donation; most individual donations are less than $20. The hotel/motel tax grant is the main budget income source. 11. Please include in your submitted materials: • Tax exempt status 501 C 3 is attached • W-9 form This is currently on file. 12. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project.If you do not submit your final report within a month after completion you will not be eligible for further funding. • Detail if your intended goals for the project were met? • Detail how the funds were spent? BUDGET SUMMARY: Total Project Cost $22,272.00 Additional Funding Sources $ 1,092.00 donations In-Kind Services $_O_ Hotel/Motel Tax Grant Request $22,272.00 Please note: Additional Funding Sources,In-Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Grant Funds from the City of Waterloo. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo City Council funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. Page 107 of 244 Julie Anderson February 21,2020 Julie Anderson,president 02/21/2020 Signature of Applicant Date Page 108 of 244 Y City Council Discretionary Hotel-Motel Grant Application Waterloo, Iowa The City Waterloo Iowa is offering grants to non-profit entities for projects and community events that support tourism, our quality of life and which bring people to the downtown. These grant funds are made possible through the hotel/motel tax funds received by the City of Waterloo.By city ordinance 10%of the revenues generated from the Hotel-Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. If you are interested in applying for funding please complete the application.Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Leisure Services—Young Arena Name of facility/project_Young Arena/Waterloo Black Hawks Game Shuttle Contact person_Chris Dolan_ Email_chris.dolan@waterloo-ia.org Address of organization or person completing application: Street 125 Commercial Street City_Waterloo State_Iowa Zip_50701_ Phone_319-291-4335 Fax: 319-291-4310 2. What is the mission of your organization? The City Of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities,special events,facilities,and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks,preserves,golf courses,recreational trails and a healthy urban forest resource. 3. How long has your organization been in existence? Since 1904 Page 109 of 244 4. How many staff members and/or volunteers are involved in this organization and the project? The Leisure Services Department has approximately 44 full time employees and nearly 300 seasonal employees. We also utilize over 200 volunteers in our youth sports programs throughout the year. 5. Please indicate all the categories that vour Droiects supports: ® Category 1 —Supports tourism and heads on beds ® Category 2—Supports and assists community events ® Category 3 —Brings people downtown ® Category 4—Supports Waterloo quality of life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories? Supports tourism and heads on beds Young Arena is a huge player in the Cedar Valley's Sports Tourism business. In fiscal year 2019; 105,000 visitors attended hockey and wrestling events held at the arena. From visiting USHL &MWHSHL teams,to wrestling participants and their families,the arena's activities definitely draw a significant amount of overnight visitors to our community. Supports and assists in community events Events at the arena are already a winter staple in the plans of families throughout the Cedar Valley. This added shuttle service will ease parking worries and shorten the walk for visitors who are attending an event at the arena. Brings People Downtown Young Arena is in the heart of the downtown area,with many hockey teams and their fans choosing to spend their pre-game or post-game socializing at various downtown establishments. Development of the area has put the squeeze on available parking in the area. The added shuttle services during events enhances the possibility of someone attending an event by reducing their worry of where they are going to park and how far the walk might be. Supports Quality of Life Young Arena is a key component to the delivery of the Leisure Services department goal of providing quality of life options to our citizens. From an evening at a Black Hawks hockey game,to personal wellness with our daily offering of public walking and skating times,the arena offers our community a great year round gathering place. Page 110 of 244 7. If your project has or will continue for more than one year, please explain your plans for financial sustainability? At this point we do not have any other viable funding options for this project for this fiscal year. Development of the area has put the squeeze on available parking in the downtown area. The event shuttle has been a positive initiative and has created the additional park&ride option for patrons who visit the arena. 8. Give an estimate of how you plan to measure the success of the project: Black Hawks management has surveyed their fans and season ticket holders during the events for feedback on the use of the shuttle service, and the responses have been overwhelmingly positive. Ridership is tracked by MET for each event and in FY 2019 there was an increase of 36%from the previous season in riders using the service for a total of 2721. 9. Describe specifically how the proposed project will be marketed. A full scale marketing effort by Young Arena and the Waterloo Black Hawks will include maps and details of the shuttle services which will be disseminated thru press releases, social media, websites, fliers and MET Transit's online app. Specific shuttle pickup and drop off locations will be designated with signage and in-kind video board advertising produced by the Waterloo Black Hawks will be shown board during each home game highlighting MET Transit&the City's efforts. 10. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Revenue City of Waterloo Discretionary Grant $12,700 Expenses MET Transit Events Shuttle (38 Dates) $12,700 11. Please include in your submitted materials: • Tax exempt status • W-9 form 12. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project.If you do not submit your final report within a month after completion you will not be eligible for further funding. • Detail if your intended goals for the project were met? ® Detail how the funds were spent? Page 111 of 244 BUDGET SUMMARY: Total Project Cost $12,700 Additional Funding Sources $0 In-Kind Services $0 Hotel/Motel Tax Grant Request $ 12,700 Please note: Additional Funding Sources,In-Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Grant Funds from the City of Waterloo. To the best of my knowledge,the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant fiords are to be used for the express purpose as stated in the Grant Application. I,the undersigned,know full and well that if this program/project does not transpire,recommendation by the Waterloo City Council funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. 09/11/2019 Signature of Applicant Date Page 112 of 244 City Council Discretionary Hotel-Motel Grant Application Waterloo, Iowa 1. General Information Name of Organization: Waterloo Leisure Services Name of Project: Cedar Valley SportsPlex Marketing Plan Contact Person: Mark Gallagher E-Mail: mark.gallagher(a),waterloo-ia.org Address of organization or person completing application: Street: 300 Jefferson Street City: Waterloo State: Iowa Zip: 50701 Phone: (319) 291-0165 2. What is the mission of your organization: The City of Waterloo's Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events,facilities and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf course and a healthy urban forest resource. 3. How long has your organization been in existence? 1904 4. How many staff members are involved in this organization and the project. The Waterloo Leisure Services Department benefits our community on numerous fronts. The Department is responsible for offering a wide range of recreational programming to members from all ages and ethnicities throughout Waterloo and the greater Cedar Valley. Also, the Department is responsible for the maintenance and operations of three quality 18-hole golf courses, the 3,000 seat Young Arena, an extensive community park system and a Northwoods League Baseball Stadium. Through all of the above- mentioned sources, the Department is responsible for providing recreational activities and spaces to a large percentage of our population. The opening of the Cedar Valley SportsPlex has allowed our department to be able to greatly expand programming we offer for our citizenry, as well as host events and tournaments that have brought a substantial amount of visitors from outside the Cedar Valley. 5. Please indicate all the categories that your project supports: X Supports tourism and heads on beds X Supports and assists community events X Brings people downtown Page 113 of 244 X Supports Waterloo Quality of Life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories. Supports tourism and heads on beds The Cedar Valley SportsPlex has become a mecca for indoor sports tournaments of all kinds. With four basketball/volleyball courts and a large expanse of Field Turf this facility is not matched by another in the state. While the vision is to primarily serve our community, the goal is to have these facilities booked with tournaments that are regional in scope on weekends. Supports and assists in community events The Cedar Valley SportsPlex supports community events primarily by offering a new, state of the art venue for hosting. Brings people downtown The Cedar Valley SportsPlex is located in the heart of downtown Waterloo. A facility of this nature helps draw critical mass to the area that is striving to help downtown businesses thrive. Whether they are SportsPlex members from within the Cedar Valley or tournament participants from around the region, individuals have been drawn to the downtown area to utilize the SportsPlex. Supports Waterloo quality of life The Cedar Valley SportsPlex greatly enhances the quality of life in Waterloo. We are very fortunate to have facilities that are second to none when it comes to outdoor activities. However, as we all know, Iowa winters can become quite long. A facility like the SportsPlex affords residents of all ages the opportunity to recreate straight through those long winter months. 7. If your project has or will continue for more than one year, please explain your plans for financial sustainability? The Cedar Valley SportsPlex will be a fixture of the downtown landscape for years to come. The project will be sustained by a combination of user fees, rental fees and activity registrations. 8. Give an estimate of how you plan to measure the success of the project. We plan to measure the success both by tracking user numbers while also tracking the financials of the operation. Benchmarks have been set that indicate where both of these items need to reach and we will continually strive to achieve these goals. 9. Describe specifically how the proposed project will be marketed. The purpose of this application is to maintain an extensive television marketing plan by focusing heavily on big sporting events that have large viewership in the Fall and Winter, which coincides with our peak time to recruit and retain members. 10. Please provide a detailed description of the budget. Please include information about Page 114 of 244 additional funding sources,income and how the hotel/motel tax grant fits into the overall budget. Revenues Hotel/Motel Tax Grant Request $6,250 Expenses On Media $9,250 11. Please include in your submitted materials: • Tax exempt status • W-9 form BUDGET SUMMARY: Total Project Cost $9,250 Carry over $3,000 Hotel/Motel Tax Grant Request $6,250 I have reviewed this Application for Grant Funds from the City of Waterloo. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo City Council for funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. Signature of Applicant Date Page 115 of 244 CITY OF WATERLOO HOTEL / MOTEL TAX COUNCIL DISCRETIONARY REVENUE COUNCIL DISCRETIONARY REVENUE Annual Awards FY 1996 OVERAGE 540,600.95 -500,000.00= 40,600.95x.60= 20,300.47 20,300.47 FY 1997 OVERAGE 577,784.25 - 500,000.00= 77,784.25 X.50= 38,892.13 38,892.13 FY 1998 OVERAGE 618,616.00 - 500,000.00=118,616.00 X.50= 59,308.00 59,308.00 FY 1999 OVERAGE 643,399.03 - 500,000.00=143,399.03X.50= 71,212.51 71,212.51 FY 2000 OVERAGE 698,005.93 -500,000.00=198,005.93 X.50= 99,002.97 99,002.97 FY 2001 OVERAGE 751,044.68 - 500,000.00=251,044.68 X.50 =125,522.34 125,522.34 FY 2002 OVERAGE 668,079.02 - 500,000.00=168,079.02 X.55= 84,039.51 84,039.51 FY 2003 OVERAGE 707,338.05 - 500,000.00=207,338.05 X.50=103,669.02 103,669.02 FY 2004 OVERAGE 704,352.53 - 643,046.78=61,305.76 61,305.75 FY 2005 OVERAGE 723,848.16 - 656,693.71=67,154.45 67,154.45 FY 2006 759,249.05*10%=75,924.91 75,924.91 FY 2007 808,840.48*10%=80,884.05 80,884.05 FY 2008 1,109,932.25*10%=110,993.22 110,993.22 FY 2009 1,317,960.56*10%=131,796.06 131,796.06 FY 2010 1,111,886,51*10%=111,188.65 111,188.66 FY 2011 1,186,086.37*10%=118,608.64 118,608.64 FY 2012 1,228,036.32*10%=122,803.64 122,803.64 FY 2013 1,231,187.86*10%=123,118.79 123,118.79 FY 2014 1,188,080.53*10%=118,808.04 118,808.04 FY 2015 1,204,319.76*10%=120,431.97 120,431.97 FY 2016 1,252,227.48*10%=125,222.75 125,222.75 FY 2017 1,289,869.28*10%=128,986.93 128,986.93 FY 2018 1,293,422.57*10%=129,342.26 129,342.26 FY 2019 1,344,859.60*10%=134,485.96 134,485.96 FY 2020 1,129,244.41*10%=112,924.44 112,924.44 TOTAL DISCRETIONARY REVENUE RECEIVED 2,475,927,47 EXPENDITURES OF DISCRETIONARY REVENUE #25294 06/23/97 GROUT MUSEUM 12,500.00 #28475 01/02/97 FIREWORKS 3,000.00 15,500.00 #30316 11/24/97 PASS STADIUM 25,000.00 06115/98 WATERLOOS OF THE WORLD 13,695.00 38,695.00 #49802 07/15/99 CINDY WELLS-BELGIUM 690.00 #49464 07/19/99 IOWA GOLF ASSOCIATION 15,000.00 #51580 07/19/99 FIREWORKS 5,000.00 #53154 10/29/99 MARKIN CONSULTANT-GREYHOUND TRACK RACE 2,500.00 #56369 02/11/00 MARKIN CONSULTANT-GREYHOUND TRACK RACE 11,500.00 #57178 03/06/00 THE SPORT'S MANAGEMENT GROUP 4,650.00 #60570 06/26100 MAIN STREET-FIREWORKS 1,000.00 RES#789 FY 2000 VARIOUS CITY DEPARTMENTS ARTS&CULTURAL 137,409.72 RES#131 03/13/00 WATERLOO COMMUNITY PLAYHOUSE 7,000.00 RES#131 03113/00 WATERLOO MUSEUM OF ARTS 2,000.00 RES#131 03/13/00 WATERLOO/ CEDAR FALLS SYMPHONY 10,000.00 RES#131 03/13/00 HARTMAN RESERVE 5,000.00 201,749.72 RES#2001-092 03/12/01 FESTIVAL OF IOWA FOLKLIFE 10,000.00 RES#2001-092 03112/01 FIVE SULLIVANS CENTER MAINTENANCE PERSON 12,500.00 RES#2001-196 05/07/01 LOST ISLAND ADVENTURE PARK 19,159.07 RES#2001-294 06/11/01 WLOO JAYCEES/MAIN STREET-FIREWORKS 5,000.00 RES#2001-095 03114/01 FIVE SULLIVANS CENTER(MAINTENANCE PERSON) 1,532.74 48,191.81 RES#2001-357 07109/01 FIVE SULLIVANS CENTER MAINTENANCE PERSON) 5,343.31 RES#2001-370 07/16/01 MULTI-COMPONENT DOWNTOWN ART PROGRAM 37,000.00 RES#2001-368 07/23/01 MUNICIPAL BAND 20,000.00 RES#2001.454 08120/01 REICHERT CELEBRATION HORSE SHOW 1,500.00 RES#2001-669 12/10101 FIVE SULLIVANS CENTER MAINTENANCE MAN 1,054.74 RES#2002-010 01/07/02 DOWNTOWN LIGHTS THE NIGHT PARADE MAIN ST 5,000.00 RES#2002-173 03/28/02 IOWA OPEN 25,000.00 RES#2002-173 03128/02 STREET FLAGS 5,000.00 RES#2002-173 03/28/02 METROPOLITAN TENNIS ASSOCIATION 5,000.00 RES#2002-173 03/28/02 WATERLOO MUNICIPAL BAND(FYE03 BUDGET) 20,000.00 124,898.05 RES#2002-560 09/16/02 GROUT MUSEUM 20,000.00 RES#2002-560 09/16/02 WATERLOO COMMUNITY PLAYHOUSE 13,000.00 RES#2002-560 09/16/02 NATIONAL CATTLE CONGRESS 13,000.00 RES#2002-560 09116/02 WATERLOO JAYCEES-DOWNTOWN FIREWORKS 3,000.00 RES#2002-560 09/16/02 WATERLOO JAYCEES-WATERLOO OPEN 10,000.00 59,000.00 RES#2003-525 08/04/03 WATERLOO AIRPORT-TRAVEL LEAKAGE STUDY 3,500.00 RES#2003-252 04/14/03 WATERLOO MUNICIPAL BAND FYE04 BUDGET 21,000.00 RES#2003-252 04/14/03 GROUT MUSEUM 6,000.00 RES#2003-175 03/17/03 ADDL HOTEL/MOTEL TAX GRANT AWARDS(FYE04) 700.00 31,200.00 RES#2003-716 10/20/03 AIRPORT JET SERVICE MARKETING CAMPAIGN 6,000.00 RES#2003-727 10/27/03 5 SULLIVAN BROTHERS GRAND RE-OPENING 3,177.57 RES#2004-75 02/16/04 WATERLOO JAYCEES-2004 DOWNTOWN FIREWORKS 3,000.00 RES#2004-75 02/16/04 WATERLOO JAYCEES-2004 WATERLOO OPEN 8,000.00 RES#2004-75 02/16/04 WATERLOO YOUTH HOCKEY ASSOCIATION 0.00 RES#2004-75 02/16/04 WATERLOO POLICE DEPARTMENT 10,000.00 RES#2004-75 02116/04 NATIONAL CATTLE CONGRESS 18,000.00 RES#2004-75 02/16/04 WATERLOO COMMUNITY PLAYHOUSE 15,000.00 RES#2004-75 02/16/04 FOLKLIFE FESTIVAL CENTER FOR THE ARTS 0.00 RES#2004-75 02116/04 REICHERT PLEASURE HORSE CELEBRATION 0.00 RES#2004-106 03/01/04 FYE04 RESERVE ALLOCATION 30,000.00 RES#2004-247 04/19/04 AIRPORT GRAND RE-OPENING-2ND JET MKTG 5,000.00 RES#2004-345 05/24104 150TH ANNIVERSARY CELEBRATION 257.91 RES#2004-106 03/01/04 FYE05 RESERVE ALLOCATION 30,000.00 1281435.48 RES#2004-495 07/26/04 WATERLOO MUNICIPAL BAND FYE05 BUDGET 22,275.00 RES#2004.495 07/26/04 MAIN STREET-FLOWER WATERING 3,000.00 Prepared by The Finance Department PagQe I J P of 244 CITY OF WATERLOO HOTEL / MOTEL TAX COUNCIL DISCRETIONARY REVENUE COUNCIL DISCRETIONARY REVENUE Annual Awards RES#2004 495 07/26/04 WATERLOO EXCHANGE CLUB-HEALING FIELDS 2,000.00 RES#2004-688 10/04/04 GROUT MUSEUM-MARKETING 4,400.00 RES#2005- 57 01/24/05 EXPO HIGH SCHOOL INTL LEARNING CONFERENCE 1,000.00 RES#2005-114 02/07/05 MIDWEST WORLD FEST ARTIST RESIDENCIES 5,000.00 37,675.00 RES#2005-770 08/15105 WATERLOO MUNICIPAL BAND FYE06 BUDGET 22,725.00 RES#2005-770 08/15105 AIRPORT MARKETING 2,500.00 RES#2005-885 09/26/05 GROUT MUSEUM-MARKETING 8,000.00 RES#2006-181 03/06/06 DAN GABLE WRESTLING MUSEUM 0.00 33,225.00 RES#2006-626 07/24/06 WATERLOO MUNICIPAL BAND FYE07 BUDGET 22,725.00 RES#2006-871 10/02/06 DAN GABLE WRESTLING MUSEUM 10,000.00 RES#2006-1059 12/04/06 WATERLOO POLICE DEPARTMENT 31,000.00 RES#2006-1059 12/04/06 WATERLOO CENTER FOR THE ARTS 17,000.00 RES#2007-0029 01/08/07 NWCA NATL DUALS WRESTLING MEET 3,000.00 RES#2007-0474 06/11/07 THE COURIER-AD WELCOMING ISLE 480.00 84,205.00 RES#2007-651 08106/07 WATERLOO MUNICIPAL BAND FYE08 BUDGET 22,725.00 RES#2007-716 08/20/07 WATERLOO POLICE DEPARTMENT 25,000.00 RES#2007-716 08/20/07 WATERLOO SOFTBALL ASSOCATION 4,000.00 RES#2007-716 08/20/07 WATERLOO EXCHANGE CLUB-HEALING FIELDS 3,000.00 RES#2008-134 02/18/08 WATERLOO POLICE DEPARTMENT 16,200.00 70,925.00 RES#2008-613 07/14/08 MAIN STREET BBQ'LOO 8,000.00 RES#2008-639 07/28/08 WATERLOO MUNICIPAL BAND FYE09 BUDGET 22,275.00 RES#2008-843 09/22/08 EXPO BUSINESS PLAN 5,000.00 RES#2008-843 09/22/08 WATERLOO ANEW MARKETING BROCHURE 9,930.42 RES#2008-843 09/22/08 WLOO POLICE DEPT EVENT OVERTIME 30,684.00 RES#2008-843 09/22/08 WAYFINDING DESIGN-VANDEWALLE 12,383.24 RES#2008-843 09/22/08 PHELPS YOUTH PAVILION MARKETING 14,700.00 RES#2008-843 09/22/08 DAN GABLE WRESTLING MUSEUM 4,000.00 RES#2008-843 09/22/08 FIRE DEPT EVENT OVERTIME 3,000.00 RES#2008-843 09/22/08 HAIRSTYLISTS FLOOD VICTIM FUNDRAISING EVENT 800.00 RES#2008-843 09/22/08 GROUT MUSEUM FOR GRAND OPENING 7,000.00 RES#2008-843 09/22/08 ELECTRIC PARK MARQUEE-CANCELLED 0.00 RES#2008-843 09/22/08 CEDAR VALLEY SPORTS&ENTERTAINMENT 1,200.00 RES#2009-295 04106/09 GOLF ON MEDIA TV AD CAMPAIGN 7,200.00 RES#2009-433 05/11/09 WESCO-START-UP CASH 20,000.00 146,172.66 RES#2009-658 07/06/09 FIRE DEPT IRISH FEST OVERTIME 2,000.00 RES#2009-797 08/10/09 WATERLOO MUNICIPAL BAND FYE2010 22,275.00 RES#2009-843 06/24/09 NATIONAL CATTLE CONGRESS-ID READERS 2,385.00 RES#2009-1233 12121/09 YOUTH PAVILION MARKETING 25,091.00 RES#2010-091 02/15/10 CEDAR VALLEY TECHWORKS-AGRI-TECH 5,000.00 RES#2010-323 05/03/10 WLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES#2010-323 05/03/10 WATERLOO MUNICIPAL BAND FYE11 BUDGET 20,000.00 RES#2010-323 05103110 GOLF TV ADVERTISING CAMPAIGN FYE11 BUDGET 5,000.00 RES#2010-323 05/03/10 LOU HENRY HOOVER SCULPTURE GARDEN 15,000.00 RES#2010-323 05/03/10 UNITED SISTERS OF BHC 6,000.00 RES#2010-323 05/03/10 FRIENDS OF NATIONAL CATTLE CONGRESS 5,000.00 RES#2010-323 05103/10 WATERLOO COMMUNITY PLAYHOUSE 688.23 RES#2010-323 05/03/10 GROUT MUSEUM 10,000.00 148,439.23 RES#2010-649 07/26/10 WATERLOO FIRE RESCUE 5,000.00 RES#2010-683 08/02/10 MAIN STREET on behalf of Public Market 5,000.00 RES#2010-940 10/18110 CV SPORTS&ENTERTAINMENT COMMISSION 2,000.00 RES#2010-940 10/18/10 AIRPORT MARKETING 4,800.00 RES#2010-997 11/08/10 GROUT MUSEUM 8,000.00 RES#2011-247 04/04111 WATERLOO COMMUNITY PLAYHOUSE 1,736.38 RES#2011-247 04/04/11 UNITED SISTERS OF BHC 5,000.00 RES#2011-247 04/04/11 KIWANIS CLUB-AIR SHOW 10,000.00 RES#2011-247 04/04/11 WATERLOO HOMECOMING ASSOCIATION 6,000.00 RES#2011-248 04/04/11 WATERLOO MUNICIPAL BAND FYE12 BUDGET 21,023.40 RES#2011-428 05/16/11 WATERLOO COMMUNITY PLAYHOUSE 1,000.00 RES#2011-428 05/16/11 KOINONIA MINISTRIES YOUTH SUMMIT 2011 4,000.00 RES#2011-428 05/16/11 WATERLOO CULTURAL&ARTS BAHAMAS EXHIBITICON 5,500.00 RES#2011-428 05116111 WATERLOO POLICE DEPT EVENT OVERTIME 10,000.00 89,059.78 RES#2011-990 10/10/11 WATERLOO CULTURAL&ARTS MARKETING 10,000.00 RES#2011-990 10/10111 WATERLOO LEISURE SERVICES GOLF MARKETING 5,400.00 RES#2011-990 10/10/11 AIRPORT MARKETING 7,000.00 RES#2011-1075 11/14/11 PUBLIC MARKET GRANT TRANSFER TO LEISURE 5,000.00 RES#2012-142 11114/11 WATERLOO EXPO SERVICES CORP 15,000.00 RES#2012-473 02/13/12 C&A-AMPHITHEATER MARKETING TRANSFER to RAI 30,000.00 RES#2012-142 02/13/12 LEISURE SERVICES-SPORTSPLEX MARKETING 10,000.00 RES#2012-142 02/13/12 POLICE-EVENT OVERTIME 20,000.00 RES#2012-143 02/13/12 WATERLOO MUNICIPAL BAND FYE13 BUDGET 20,000.00 RES#2012-545 06/04/12 NORTH END ARTS&MUSIC FEST 5,000.00 RES#2012-545 06/04/12 ASPIRE THERAPEUTIC RIDING PROGRAM 4,000.00 131,400.00 RES#2012-871 08127/12 PURCHASE DUNSMOOR HOUSE 35,279.00 RES#2013-199 03/18/13 GROUT MUSEUM DISTRICT 500.00 RES#2013-199 03/18/13 WATERLOO MUNICIPAL BAND FYE2014 BUDGET 20,000.00 RES#2013-199 03/18/13 CEDAR VALLEY SPORTS&ENTERTAINMENT COMM 2,000.00 RES#2013-199 03/18/13 WATERLOO HOMECOMING ASSOCIATION 8,000.00 RES#2013-199 03/18/13 NORTH END CULTURAL CENTER 5,000.00 RES#2013-199 03/18/13 LEISURE SERVICES-GOLF ADVERTISING 6,000.00 RES#2013-462 06/03/13 ASPIRE THERAPEUTIC RIDING PROGRAM 6,500.00 RES#2013-462 06/03113 POLICE-FY13 EVENT OVERTIME 25,000.00 108,279.00 RES#2013-734 09/03/13 SPECK WALKABLE COMMUNITIES EVENT 2,666.00 RES#2013-877 10/28/13 MAIN STREET WATERLOO 6,000.00 RES#2013-877 10128/13 1 SOCIAL ACTION,INC. 10,000.00 RES#2013-877 10128/13 POLICE-FY14 EVENT OVERTIME 25,000.00 Prepared by The Finance Department Pap-,117 of 244 CITY OF WATERLOO HOTEL / MOTEL TAX COUNCIL DISCRETIONARY REVENUE COUNCIL DISCRETIONARY REVENUE Annual Awards RES#2014-177 03/10/14 KIWANIS CLUB OF WATERLOO-AIR SHOW 15,000.00 RES#2014-177 03/10/14 NORTH END CULTURAL CENTER 5,000.00 RES#2014-301 04/28/14 WATERLOO MUNICIPAL BAND FYE2015 BUDGET 20,000.00 RES#2014-301 04/28/14 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES#2014-301 04/28/14 LEISURE SERVICES-GOLF ADVERTISING 9,000.00 RES#2014-301 04/28/14 GROUT MUSEUM DISTRICT-TOUR OF MY TOWN 0.00 99,666.00 RES#2014-725 08/18/14 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES#2014-815 09/15/14 POLICE-FY15 EVENT OVERTIME 25,000.00 RES#2014-815 09/15/14 YWCA WEEK WITHOUT VIOLENCE 1,000.00 RES#2015-239 04/06115 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES#2015-239 04/06/15 LEISURE SERVICES-GOLF ADVERTISING 9,000.00 RES#2015-239 04/06/15 NORTH END CULTURAL CENTER 5,000.00 RES#2015-239 04/06/15 SOCIAL ACTION,INC. 10,000.00 RES#2015-239 04/06/15 WATERLOO MUNICIPAL BAND FYE2016 BUDGET 20,000.00 RES#2015-239 04/06/15 RIVERLOOP ASSOCIATION,INC. 10,500.00 RES#2015-531 06/29/15 GROUT MUSEUM-VIETNAM VETS EXHIBIT 10,000.00 110,500.00 RES#2015-563 07120/15 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES#2015-583 07/20/15 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES#2015-790 09/28/15 LEISURE SERVICES-RIVERFRONT STADIUM VIDEO BO 10,000.00 RES#2015-790 09/28/15 POLICE-FYE16 EVENT OVERTIME 41,000.00 RES#2016-91 02/01116 MAIN STREET 10,000.00 RES#2016-91 02/01/16 WATERLOO MUNICIPAL BAND FYE2017 BUDGET 20,000.00 RES#2016-313 04/25/16 NORTH END ARTS&MUSIC FEST 2,323.80 RES#2016-313 04/25/16 LEISURE SERVICES-GOLF ADVERTISING 9,000.00 RES#2016-313 04/25/16 RIVERLOOP ASSOCIATION,INC. 17,400.00 RES#2016-313 04/25/16 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 5,000.00 131,723.80 RES#2016-661 08/15/16 ASPIRE THERAPEUTIC RIDING PROGRAM 7,500.00 RES#2016-661 08/15/16 CEDAR VALLEY SPORTSPLEX MARKETING FY17 11,000.00 RES#2016-661 08/15/16 UNION BAPTIST CRUSADERS DRILL TEAM 5,000.00 RES#2016-962 12/12/16 FRIENDS OF HARTMAN RESERVE 20,000.00 RES#2017-317 04/24/17 BOSNIAN CULTURAL FOUNDATION 10,000.00 RES#2017-317 04/24/17 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES#2017-317 04124117 MAIN STREET WATERLOO 10,000.00 RES#2017-317 04/24/17 LEISURE SERVICES-GOLF ADVERTISING 10,000.00 RES#2017-317 04/24/17 NORTH END CULTURAL CENTER 5,000.00 RES#2017-317 04124117 ASPIRE THERAPEUTIC RIDING PROGRAM 8,000.00 RES#2017-317 04/24/17 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 126,500.00 RES#2017-774 09/18/17 WATERLOO MUNICIPAL BAND FYE2018 BUDGET 20,000.00 RES#2017-774 09/18/17 CEDAR VALLEY SPORTSPLEX MARKETING FY18 11,250.00 RES#2017-865 10/16/17 LEISURE SERVICES EVENT SHUTTLE 11,200.00 RES#2018-349 05/21/18 NORTH END CULTURAL CENTER 5,000.00 RES#2018-349 05/21/18 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 6,000.00 RES#2018-349 05/21/18 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES#2018-349 05121/18 LEISURE SERVICES-GOLF ADVERTISING 15,937.00 RES#2018-349 05121/18 LEISURE SERVICES EVENT SHUTTLE 3,375.00 RES#2018-349 05/21/18 ASPIRE THERAPEUTIC RIDING PROGRAM 8,000.00 RES#2018-349 05/21/18 WATERLOO MUNICIPAL BAND(FYE2019 BUDGET) 21,000.00 131,762.00 RES#2018-569 07/30/18 WATERLOO CENTER FOR THE ARTS-GRAPHIC DESIGN 24,128.00 RES#2018-664 09/04/18 CEDAR VALLEY SPORTSPLEX MARKETING FYI 11,580.00 RES#2018-664 09/04/18 LEISURE SERVICES YOUNG ARENA EVENT SHUTTLE 12,390.00 PRIOR AMOUNTS AWARDED NOT USED-REALLOCATE 36,000.00 RES#2019-458 06/17/19 WATERLOO HOMECOMING ASSOCIATION 8,500.00 RES#2019-458 06/17/19 LEISURE SERVICES-GOLF ADVERTISING 12,000.00 RES#2019-458 06/17/19 WATERLOO CENTER FOR THE ARTS-GRAPHIC DESIGN 23,718.00 RES#2019-458 06/17/19 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 8,500.00 RES#2019-458 06/17/19 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES#2019-458 06/17/19 WATERLOO MEMORIAL HALL 2,000.00 RES#2019-458 06/17/19 NORTH END CULTURAL CENTER 4,500.00 RES#2019-458 06/17/19 CEDAR VALLEY SPORTSPLEX MARKETING FY20 10,000.00 RES#2019-458 06/17/19 WATERLOO MUNICIPAL BAND(FYE2020 BUDGET) 20,000.00 131,316.00 TOTAL EXPENDITURES 2,228,518.53 2,228,518.53 BALANCE COUNCIL'DISCRETIONARY REVENUE 247,408.94 ryp I I f� Prepared by The Finance Department Pa y"a9e 0 ,$ of 244 CITY OF WATERLOO Council Communication Resolution approving a recurring Master Equity Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three(23)vehicles for police administrative and investigative staff, and authorizing the Mayor to execute said document. City Council Meeting: 1/19/2021 Prepared: 1/6/2020 ATTACHMENTS: Description Type ❑ Master Lease Agreement Backup Material ❑ Lease Example Backup Material Resolution approving a recurring Master Equity Lease Agreement with SUBJECT: Enterprise Leasing of Waterloo. Iowa, to lease twenty-three 23)vehicles for police administrative and investigative staff, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Joe Leibold, Major Request that the City Council pass a resolution authorizing the Mayor to sign Recommended Action: the lease agreement with Enterprise Leasing to lease 23 vehicles for the administrative and investigative staff. Summary Statement: These vehicles will replace our existing aging and out dated fleet with safer, more reliable vehicles. Expenditure Required: Initial cost not to exceed $175,000. Source of Funds: General Policy Issue: N/A Our fleet is aging and very unreliable. The alternative is to purchase 5 new Alternative: unmarked vehicles annually to establish an appropriate vehicle replacement program. The City traditionally purchases vehicles with bond funds and the funds have simply not been adequate to maintain a reliable safe fleet for our employees. Background Information: By entering into this agreement we remove our vehicles from bonding and establish a reliable, fiscally responsible, vehicle replacement program to ensure appropriate fleet management. Page 119 of 244 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) Prepared For: City of Waterloo, Iowa Date 09/03/2020 AE/AM BG2 Unit# Year 2021 Make GMC Model Sierra 1500 Series SLE 4x4 Crew Cab 6.6 ft. box 157 in.WB Vehicle Order Type Ordered Term 12 State IA Customer# 599335 $33,637.95 Capitalized Price of Vehicle 1 All language and acknowledgments contained in the signed quote $0.00 One-Time Registration Fee on Leased Vehicles 0.0000° apply to all vehicles that are ordered under this signed quote. State IA Order Information $230.00 Initial License Fee Driver Name $0.00 Registration Fee Exterior Color (0 P)Summit White $200.00 Other:Courtesy Delivery Fee Interior Color (0 1)Jet Black w/Cloth Seat Trim $0.00 Capitalized Price Reduction Lic.Plate Type Unknown $0.00 Tax on Capitalized Price Reduction GVWR 0 $0.00 Gain Applied From Prior Unit $0.00 Tax on Gain On Prior $0.00 Security Deposit $0.00 Tax on Incentive(Taxable Incentive Total:$0.00) $33,837.95 Total Capitalized Amount(Delivered Price) $456.81 Depreciation Reserve @ 1.3500% $ 140.73 Monthly Lease Charge(Based on Interest Rate-Subject to a Floor)2 $597.54 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liability Limit$0.00 $0.00 Physical Damage Management Comp/Coll Deductible 0/0 $0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $0.00 Per Mile Incl:#Brake Sets(1 set= 1 Axle)0 #Tires 0 Loaner Vehicle Not Included $0.00 Additional Services SubTotal $0.00 Use Tax 5.0000% State IA $597.54 Total Monthly Rental Including Additional Services $28,356.23 Reduced Book Value at 12 Months $395.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 10,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote.Enterprise FM Trust(not Enterprise Fleet Management)will be the Lessor of such vehicle under the Master Open- End(Equity)Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open-End(Equity)Lease Agreement with respect to such vehicle. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End(Equity)Lease Agreement until the vehicle is sold. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order,agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle.Lessee certifies that it intends that more than 50%of the use of the vehicle is to be in a trade or business of the Lessee. LESSEE City of Waterloo, Iowa BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice.Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee,Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date(Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee.Notwithstanding the inclusion of such references in this[Invoice/Schedule/Quote],all such maintenance services are to be performed by Enterprise Fleet Management,Inc.,and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management,Inc.,pursuant to that certain separate[Maintenance Agreement]entered into by and between Lessee and Enterprise Fleet Management,Inc.;provided that such maintenance fees are being billed by Enterprise FM Trust,and are payable at the direction P'1'? 190 of 744 Printed On 09/03/2020 08:32:41 AM Page 1 of 7 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) of Enterprise FM Trust,solely as an authorized agent for collection on behalf of Enterprise Fleet Management,Inc. Paap 121 of 244 Printed On 09/03/2020 08:32:41 AM Page 2 of 7 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) VEHICLE INFORMATION: 2021 GMC Sierra 1500 SLE 4x4 Crew Cab 6.6 ft.box 157 in.WB-US Series ID:TK10743 Pricing Summary: INVOICE MSRP Base Vehicle $41,215.8 $43,800.00(Est.) Total Options $1,227.15 $1,350.00(Est.) Destination Charge $1,595.00 $1,595.00 Total Price $44,037.95 $46,745.00(Est.) SELECTED COLOR: Exterior: GAZ-(0 P)Summit White Interior: HOU-(0 1)Jet Black w/Cloth Seat Trim SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP 3SA Preferred Equipment Group 3SA NC NC (Est.) A2X 10-Way Power Driver Seat Adjuster w/Lumbar Included Included (Est.) A7E 4-Way Manual Passenger Seat Adjuster Included Included (Est.) ACCESS GMC Connected Access Capable Included Included (Est.) AED Power Front Windows w/Passenger Express Down Included Included (Est.) AEQ Power Rear Windows w/Express Down Included Included (Est.) AKO Deep-Tinted Glass Included Included (Est.) ATH Keyless Open&Start Included Included (Est.) AU3 Power Door Locks Included Included (Est.) AXG Power Front Windows w/Driver Express Up/Down Included Included (Est.) AZ3 Front 40/20/40 Split-Bench Seat Included Included (Est.) B1J Rear Wheelhouse Liners Included Included (Est.) B30 Color-Keyed Carpeting Floor Covering Included Included (Est.) B32 Front Rubberized-Vinyl Floor Mats Included Included (Est.) B33 Rear Rubberized-Vinyl Floor Mats Included Included (Est.) BTV Remote Vehicle Starter System Included Included (Est.) C49 Electric Rear-Window Defogger Included Included (Est.) C5Y GVWR:7,100 lbs(3,221 kgs) Included Included (Est.) CJ2 Dual-Zone Automatic Climate Control Included Included (Est.) COMP Compass Included Included (Est.) CTT Hitch Guidance Included Included (Est.) FE9 Federal Emissions Requirements NC NC (Est.) G80 Auto-Locking Rear Differential Included Included (Est.) GAZ_01 (0 P)Summit White NC NC (Est.) GRILLE Chrome Grille Included Included (Est.) GU5 3.23 Rear Axle Ratio Included Included (Est.) HOU-01 (0 1)Jet Black w/Cloth Seat Trim NC NC (Est.) IOR Radio:GMC Infotainment Audio System Included Included (Est.) KA1 Heated Driver&Front Outboard Passenger Seating Included Included (Est.) KC4 External Engine Oil Cooling Included Included (Est.) K13 Heated Steering Wheel Included Included (Est.) KNP Auxiliary External Transmission Oil Cooler Included Included (Est.) KPA 12-Volt Rear Auxiliary Power Outlet Included Included (Est.) Paw, 197 of 944 Printed On 09/03/2020 08:32:41 AM Page 3 of 7 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) CODE DESCRIPTION INVOICE MSRP KW7 170 Amp Alternator Included Included (Est.) L84 Engine:5.3L EcoTec3 V8 $1,269.45 $1,395.00 (Est.) MQB Transmission: 10-Speed Automatic Included Included (Est.) N06 Electrical Lock Control Steering Column Included Included (Est.) N37 Manual Tilt-Wheel&Telescoping Steering Column Included Included (Est.) NPO Single Speed Transfer Case Included Included (Est.) PAINT Solid Paint STD STD (Est.) PCQ SLE Convenience Package Included Included (Est.) PDU SLE Value Package Included Included (Est.) Q5U Wheels: 17"x 8"Bright Silver Painted Aluminum Included Included (Est.) QBN Tires:255/70R17 AS BW Included Included (Est.) R9Y Fleet Free Maintenance Credit $42.30 $45.00 (Est.) STDSU Heavy Duty Suspension STD STD (Est.) STDTM Cloth Seat Trim STD STD (Est.) U2K SiriusXM Radio Included Included (Est.) UE1 OnStar&GMC Connected Services Capable Included Included (Est.) UF2 LED Cargo Area Lighting Included Included (Est.) UK3 Steering Wheel Audio Controls Included Included (Est.) UQF 6-Speaker Audio System Feature Included Included (Est.) USS Rear Dual USB Charging-Only Ports Included Included (Est.) UTJ Theft Deterrent System(Unauthorized Entry) Included Included (Est.) V76 Front Frame-Mounted Black Recovery Hooks Included Included (Est.) VV4 4G LTE Wi-Fi Hotspot Capable Included Included (Est.) WARANT Fleet Customer Powertrain Limited Warranty NC NC (Est.) Z82 Trailering Package Included Included (Est.) P'1'? 17� of 744 Printed On 09/03/2020 08:32:41 AM Page 4 of 7 CONFIGURED FEATURES: Body Exterior Features: Number Of Doors 4 Rear Cargo Door Type: tailgate Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Door Handles: body-coloured Front And Rear Bumpers: chrome front and rear bumpers with black rub strip Rear Step Bumper: rear step bumper Front Tow Hooks: 2 front tow hooks Box Style: regular Body Material: galvanized steel/aluminum body material : class IV trailering with harness,hitch Fender Flares: black fender flares Grille: chrome grille Convenience Features: Air Conditioning automatic dual-zone front air conditioning Console Ducts: console ducts Cruise Control: cruise control with steering wheel controls Power Windows: power windows with front and rear 1-touch down Remote Keyless Entry: keyfob(all doors)remote keyless entry Illuminated Entry: illuminated entry Integrated Key Remote: integrated key/remote Auto Locking: auto-locking doors Passive Entry: proximity key Trunk FOB Controls: keyfob trunk/hatch/door release Remote Engine Start: remote engine start-keyfob Steering Wheel: heated steering wheel with manual tilting,manual telescoping Day-Night Rearview Mirror: day-night rearview mirror Driver and Passenger Vanity Mirror: illuminated driver and passenger-side visor mirrors Emergency SOS: OnStar and GMC connected services capable Front Cupholder: front cupholder Overhead Console: mini overhead console with storage Glove Box: locking glove box Driver Door Bin: driver and passenger door bins Rear Door Bins: rear door bins Seatback Storage Pockets: 2 seatback storage pockets Dashboard Storage: dashboard storage IP Storage: covered bin instrument-panel storage Front Underseat Storage Tray: locking front underseat storage tray Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Accessory Outlet: 2 12V DC power outlets Entertainment Features: radio SiriusXM AM/FM/Satellite with seek-scan Radio Data System: radio data system Audio Theft Deterrent: TheftLock Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers Internet Access: 4G LTE Wi-Fi Hotspot capable internet access 1st Row LCD: 2 1st row LCD monitor Wireless Connectivity: wireless phone connectivity Antenna: fixed antenna Lighting,Visibility and Instrumentation Features: Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-levelling Headlights: auto-leveling headlights Cab Clearance Lights: cargo bed light Front Wipers: variable intermittent wipers P'1'? 194 of 744 Printed On 09/03/2020 08:32:41 AM Page 5 of 7 Rear Window Defroster: rear window defroster Tinted Windows: deep-tinted windows Dome Light: dome light with fade Front Reading Lights: front and rear reading lights Variable IP Lighting: variable instrument panel lighting Display Type: analog display Tachometer: tachometer Voltometer: voltmeter Compass: compass Exterior Temp: outside-temperature display Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer Trip Odometer: trip odometer Oil Pressure Gauge: oil pressure gauge Water Temp Gauge: water temp.gauge Inclinometer: inclinometer Engine Hour Meter: engine hour meter Clock: in-radio display clock Systems Monitor: systems monitor Check Control: redundant digital speedometer Rear Vision Camera: rear vision camera Oil Pressure Warning: oil-pressure warning Water Temp Warning: water-temp.warning Battery Warning: battery warning Low Oil Level Warning: low-oil-level warning Low Coolant Warning: low-coolant warning Lights On Warning: lights-on warning Key in Ignition Warning: key-in-ignition warning Low Fuel Warning: low-fuel warning Low Washer Fluid Warning: low-washer-fluid warning Door Ajar Warning: door-ajar warning Brake Fluid Warning: brake-fluid warning Turn Signal On Warning: turn-signal-on warning Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Brake Pad Wear: brake pad wear Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: DuraLife four-wheel disc brakes Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights Spare Tire Type: full-size spare tire Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Seatbelt Pretensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks Ignition Disable: immobilizer Security System: security system Panic Alarm: panic alarm Electronic Stability: StabiliTrak w/Proactive Roll Avoidance electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control P'1'? 19-r; of 744 Printed On 09/03/2020 08:32:41 AM Page 6 of 7 Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 2 rear head restraints Seats And Trim: Seating Capacity max.seating capacity of 6 Front Bucket Seats: front split-bench 40-20-40 seats Front Heated Cushion: driver and passenger heated-cushions Front Heated Seatback: driver and passenger heated-seatbacks Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split-bench seat Rear Folding Position: rear seat fold-up cushion Leather Upholstery: cloth front and rear seat upholstery Door Trim Insert: vinyl door panel trim Headliner Material: full cloth headliner Floor Covering: full carpet floor covering Cabback Insulator: cabback insulator Dashboard Console Insert, Door Panel Insert Combination: metal-look instrument panel insert,door panel insert,console insert Shift Knob Trim: urethane shift knob LeatherSteeringWheel: leather/metal-look steering wheel Floor Mats: rubber front and rear floor mats Interior Accents: chrome interior accents Standard Engine: Engine 355-hp,5.3-liter V-8(regular gas) Standard Transmission: Transmission 10-speed automatic w/OD and auto-manual P'1'? 196 of 744 Printed On 09/03/2020 08:32:41 AM Page 7 of 7 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed July 8, 2020, in an amount not to exceed, $360,000, in conjunction with a Phase I Preliminary Engineering Report for a new interceptor sewer serving the Highway 63 south corridor, Contract No. 1037, and authorizing the Mayor to execute said document. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ AECOM Supplemental Agreement No. 1 Highway 63 Backup Material ❑ Memo to Mayor and Council Cover Memo Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM Technical Services. Inc., of Waterloo, SUBJECT: Iowa, originally executed July 8, 2020, in an amount not to exceed, $360,000, in conjunction with a Phase I Preliminary Engineering Report for a new interceptor sewer serving the Highway 63 south corridor, Contract No. 1037, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor, Waste Mgt. Services Recommended Action: Approve Supplemental Agreement No. 1 with AEC OM Technical Services of Waterloo, IA in the amount not to exceed $360,000 Expenditure Required: $360,000 Source of Funds: Sewer funds Page 127 of 244 _ AECOM 319-232-6531 tel C0m 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO, IOWA US HIGHWAY 63 SOUTH INTERCEPTOR SEWER UPGRADE US HIGHWAY 63 PHASE I AND HOME PARK BOULEVARD SANITARY SEWER IMPROVEMENTS SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo (Client), 715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street, Suite 222, Waterloo, Iowa, dated July 13, 2020, for a Phase I Preliminary Engineering Report for a new interceptor sewer serving the Highway 63 south corridor; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 for final design and preparing plans, specifications and contract documents for the US Highway 63 Phase I sanitary sewer and the relief sewer from the Home Park Boulevard neighborhood. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION In recent years, there has been a large amount of growth along the US Highway 63 corridor in the south part of Waterloo. The sanitary sewer flows generated by this development have increased causing the existing sanitary sewer lines undersized to handle flows during large storm events. Also, the Home Park Boulevard neighborhood has experienced high sanitary flows with basement backups last summer during large storm events. The intent of this project is to upgrade and increase the capacity of the sanitary sewer along US Highway 63 and provide a relief sewer from the Home Park Boulevard neighborhood to help mitigate backups during periods of high flow. The sanitary sewer upgrades along US Highway 63 are planned to be completed in three phases. This agreement covers Phase I of the upgrade and the relief sewer from the Home Park Boulevard neighborhood. The project consists of preparing plans, specifications and contract documents for the US Highway 63 Phase I sanitary sewer and the relief sewer from the Home Park Boulevard neighborhood. The Phase I sanitary sewer upgrade is about 6400 LF. Phase I of the US Highway 63 sanitary sewer upgrade extends from approximately Home Park Boulevard to Jane Street. The proposed relief sewer from Home Park Boulevard is approximately 1500 LF. This relief sewer will start at the intersection of Home Park Boulevard and Fletcher Avenue and tie into the US Highway 63 sanitary sewer. This project provides numerous benefits for economic development along the US Highway 63 corridor and improves flow conditions in a portion of the system which currently experiences overloading during wet-weather flows. The City would like to obtain a State Revolving Fund (SRF)loan for the construction of this project. Obtaining the loan is a multi-step process that requires the input of the City, Iowa Department of Natural Resources (Iowa DNR) and the design engineer. Each entity has various responsibilities at various stages of the loan acquisition process. AECOM Technical Services (ATS) will provide engineering assistance to the City for the SRF process. II. SCOPE OF SERVICES The Scope of Services to be performed shall be completed in accordance with generally accepted standards of practice. ATS will utilize the Statewide Urban Design and Specifications (SUDAS) and engineer-provided technical specifications for this project, along with any applicable standards and technical modifications by Waste Management Services Department (WMSD). The Scope of Services is further defined by the following tasks: Page 128 of 244 �L=C0m Page 2 Phase I - Design and Bidding Phase Services Task 1 - Project Management Progress Meetings/Kickoff Meeting. With WMSD and ATS staff, a kickoff meeting will be conducted to discuss scope of project, objectives and goals. ATS staff will also attend progress meetings, as needed, where updates on the project design will be presented to WMSD staff. Task 2 - Survey and Data Collection. ATS will acquire available data about the locations for the proposed sanitary sewer along US Highway 63 corridor and for the proposed relief sewer from Home Park Boulevard and Fletcher Avenue to US Highway 63. This will include gathering aerial photography, available topographic data and utility location mapping information to develop a base map of the project location. ATS will establish horizontal and vertical control and perform a topographic survey for the project area. "One Call"will be contacted to locate utilities. Marked field locations of utilities will be surveyed. Task 3 - Obtain Soil Borings. ATS will propose locations for soil borings along the route of the proposed US Highway 63 sanitary sewer and proposed relief sewer from the Home Park Boulevard area. ATS will work with a professional geotechnical firm to conduct the soil borings and provide a geotechnical report of the findings. Terracon Consultants will complete the geotechnical work for this project. Task 4 - Right-of-Way Review. ATS will review City, county and state records pertaining to the survey corridor. Property lines, right-of-way lines and ownership of properties will be incorporated into the base mapping for the project. It is assumed that the proposed US Highway 63 sanitary sewer and relief sewer from Home Park Boulevard will be in the existing right-of-way. There are five temporary construction easements anticipated for this project. ATS will prepare needed temporary construction easement drawings for this project. Permanent acquisition plats are not anticipated. Task 5-Preliminary Design Drawings. Drawings will be developed showing base mapping,existing site features, known utilities, proposed sanitary sewer locations and existing ground contours. The following design details are unique to this project and are to be included: a. This project will need to be coordinated to provide continuous service (bypass pumping) of the collection system during construction. Temporary diversion of wastewater around the area under construction will likely be required during some periods of construction. Information for temporary diversion of wastewater will be included in the design. b. Sizing of sanitary sewer pipes are to be based on sanitary sewer computer flow modeling completed in 2020 for this project. Task 6 - Plan and Profile Sheets. Preliminary plan and profile sheets will be prepared for the sanitary sewer installations. Task 7- Preliminary Design Meeting. ATS will meet with WMSD and review a preliminary plan set. Key design items will be discussed; and based on feedback, a list of alterations will be made for the final design. Task 8 - Final Plans and Specifications. Final plans and specifications will be developed incorporating comments received by WMSD. Plans will include cover sheet,general notes,sanitary sewer plan and profile sheets and details as necessary. Specifications will include contract documents incorporating requirements from WMSD. SUDAS specifications will be referenced, along with engineer-provided technical specifications as needed. Page 129 of 244 �L=C0m Page 3 Task 9 - Engineer's Opinion of Probable Cost. An Engineer's Opinion of Probable Cost will be developed for the project. Task 10 - Iowa DNR Construction Permit Application. ATS will prepare necessary construction permit schedules to be submitted to Iowa DNR. Task 11 - Iowa Department of Transportation Utility Permit Applications. ATS will prepare necessary permit applications for utility accommodation in the US Highway 63 ROW. Task 12 - Notice of Storm Water Discharge NPDES Permits. ATS will prepare permit application for this project that will be covered under the State of Iowa General Permit No. 2. Task 13-SRF Prosect Initiation. ATS will submit a work record request to the Iowa DNR to establish the project as one marked for SRF funding. ATS will participate in the Project Initiation Meeting with the City and the Iowa DNR. This includes preparing preliminary project design information to present at the meeting and answering any technical questions related to the project. Task 14 - SRF Facility Plan Preparation. ATS will prepare a facility plan for the project per requirements of Iowa Wastewater Facilities Design Standards, Chapter 11, Section 11.2, as required for the SRF process. Task 15 - SRF Intended Use Plan (IUP) Application Preparation and Public Hearing. ATS will prepare IUP Application required for SRF. The Environmental Checklist and Associated Items will also be prepared to assist the Iowa DNR with an environmental review. ATS will participate in the public hearing for the project, if requested, and help answer any concerns from the public regarding the project. Task 16 - Preparation and Distribution of Contract Documents. Prepare contract documents for distribution to plan rooms and potential bidders. Task 17- Respond to Bidders Questions. Respond to questions that bidders may have regarding the project. Prepare addenda as needed for project. Task 18 - Bidding Assistance. Attend bid opening, secure contracts, bonds and certificates of insurance, review bids, prepare bid tabulation and make recommendation to WMSD. Items Not Included in the Scope of Design Services: 1. Storm Water Pollution Prevention Plan. Preparation of a Storm Water Pollution Prevention Plan (SWPPP) will be covered under a future contract for construction-related services. This item is not included in the scope for design services. 2. Sponsored Project Documentation. The City may be interested in pursuing"water resource restoration sponsored projects" that may be tied to the primary SRF project. This scope does not include coordination to pursue these projects but could be added by supplemental agreement, if requested by the City. 3. Additional Environmental Tasks as Required by Iowa DNR. The Iowa DNR environmental review may require impact mitigation, vibrational monitoring, wetland creation or other actions. Meeting the requirements of the environmental review is not included in this scope but could be added by supplemental agreement, if required. Page 130 of 244 �L=C0m Page 4 III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement. The estimated fee is Three Hundred Sixty Thousand Dollars ($360,000.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated July 13, 2020. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date Douglas W. Schindel, P.E. Associate Vice President APPROVED FOR CLIENT: By: Date 0:\Administration\AGREE\SUPPLE\SA1 Wat US63 Upgrades.docx Page 131 of 244 CITY OF WATERLOO , IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 •Phone(319)291-4553•Fax(319)291-4523 a Date:January 6, 2021 Mayor QUENTIN To: Waterloo Mayor and Council HART From: Brian Bowman, Waste Management Services COUNCIL RE: Resolution Approving Supplemental Agreement No. 1 for US Highway 63 South Interceptor MEMBERS Sewer Upgrade Phase 1 and Home Park Boulevard Sanitary Sewer Improvements Background Discussion: MARGARET KLEIN In December 2017, Waterloo Waste Management Service Department (WMSD) submitted a Ward I Sanitary Sewer System Master Plan to the Environmental Protection Agency (EPA) and the Iowa JONATHAN Department of Natural Resources(IDNR). One of the areas identified as having capacity GRIEDER IVard 2 constraints was the Highway 63 South corridor in the vicinity of the Iry Warren Memorial Golf Course.Also,the Home Park Boulevard neighborhood has experienced high sanitary flows with PATRICK basement backups last summer during large storm events.The intent of this project is to upgrade MORRISSEY GVard 3 and increase the capacity of the sanitary sewer along US Highway 63,which is part of the Sanitary JEROME Sewer Master Plan,and to provide a relief sewer from the Home Park Boulevard neighborhood to AMOS,JR. help mitigate backups during periods of high flow. Ward 4 This project consist of preparing plans, specifications and contract documents for the US Highway RAY 63 Phase 1 sanity sewer and relief sewer from the Home Park Boulevard neighborhood. FEUSS Ward S Phase 1 of the Highway 63 sanitary sewer upgrade extends from approximately Home Park SHARON Boulevard to Jane Street.The proposed relief sewer will start at the intersection of Home Park JUON Boulevard and Fletcher Avenue and tie into the US Highway 63 Sanitary Sewer. At-Large DAVE This project provides numerous benefits for economic development along the US Highway 63 BOESEN corridor and improves flow conditions in a portion of the sanitary sewer system which currently Al-Large experiences overloading during wet-weather flows. Recommended Action: It is recommended the City Council approve Supplemental Agreement No. 1 in the amount of $360,000 WE'RE WORKING FOR YOU! Page 132 of 244 An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 13, to a Professional Services Agreement originally executed April 3, 2006, with AEC OM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $239,500, in conjunction with the US Highway 63 Improvements from Jefferson Street to Donald Street, and authorizing the Mayor to execute said document. City Council Meeting: 1/19/2021 Prepared: 1/5/2021 ATTACHMENTS: Description Type ❑ AECOM_SA 13_Highway 63 Enhancements Backup Material Resolution approving Supplemental Agreement No. 13, to a Professional Services Agreement originally executed April 3, 2006, with AEC OM SUBJECT: Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $239,500, in conjunction with the US Highway 63 Improvements from Jefferson Street to Donald Street, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Summary Statement: See attached agreement for scope of services Expenditure Required: Not to exceed $239,500.00 Source of Funds: Grant funding GO Bonds Page 133 of 244 AECOMAECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com U.S. HIGHWAY 63 IMPROVEMENTS JEFFERSON STREET TO DONALD STREET ADDITIONAL DESIGN SERVICES WATERLOO, IOWA SUPPLEMENTAL AGREEMENT NO. 13 WHEREAS,a Professional Services Agreement was entered into by the City of Waterloo, Iowa("City"), and AECOM Technical Services, Inc.,formerly Earth Tech, Inc.("Consultant'),of Waterloo, Iowa,dated April 3, 2006,for the alternative evaluation,traffic analysis, environmental documentation, preliminary design, final design and construction review for improvements on U.S. Highway 63 between the U.S. 218 Interchange and Donald Street in Waterloo, Iowa; and WHEREAS, Preliminary Engineering (NHSX-63-6(69)--3H-07) was defined and authorized in said agreement dated April 3, 2006; and WHEREAS,the City and Consultant entered into Supplemental Agreement No. 1 dated July 27,2007, for engineering services during the construction phase of the U.S. Highway 63 — Westfield Avenue Connection Project; and WHEREAS,the City and Consultant entered into Supplemental Agreement No.2 dated December 14, 2007,to increase the Estimated Actual Costs for Task 15—Management of Contaminated Subsurface Soil provided by Weston Solutions, Inc., due to delay in construction progress related to inclement weather conditions and management/disposal for excess spoil; and WHEREAS, the City and Consultant entered into Supplemental Agreement No. 3 dated August 19, 2010, to include the final design of a 4-lane highway between Newell Street and Donald Street in Waterloo, Iowa, in accordance with the Preliminary Plans completed in November 2009; and WHEREAS, the City and Consultant entered into Supplemental Agreement No. 4 dated December 3, 2010, to remove the water main design from the Scope of Services; and WHEREAS,the City and Consultant entered into Supplemental Agreement No. 5 dated July 25,2011, to include final design assistance to the Iowa DOT for U.S. 63 improvements between Franklin Street and Newell Street in Waterloo, Iowa; and WHEREAS,the City and Consultant entered into Supplemental Agreement No. 6 dated July 25,2011, to amend the previous agreements to segregate the sanitary sewer design compensation from the Federal-Aid compensation in Supplemental Agreement No.3 and to include additional design activities related to Supplemental Agreement No. 3; and WHEREAS,the City and Consultant entered into Supplemental Agreement No. 7 dated May 24,2012, to amend the previous agreements to revise, repackage and split the project into two construction contracts; and WHEREAS,the City and Consultant entered into Supplemental Agreement No. 8 dated November 14, 2012,to amend the previous agreements to make various revisions to the design,add an evaluation of construction period, and combine the plans into a single construction contract; and WHEREAS, the City and Consultant entered into Supplemental Agreement No. 9 dated February 21, 2013,to amend the previous agreements to include on-call services during the bidding and construction phases of the project between Newell Street and Donald Street; and Page 134 of 244 AC0M Page 2 WHEREAS, the City and Consultant entered into Supplemental Agreement No. 10 dated August 21, 2014,to include additional on-call services during the construction phase of the project between Newell Street and Donald Street; and WHEREAS,the City and Consultant entered into Supplemental Agreement No. 11,dated February 12, 2015, to include additional services requested by the City for final design of roadway lighting, enhancements and sanitary sewer between Jefferson Street and Newell Street; and WHEREAS, the City and Consultant entered into Supplemental Agreement No. 12 dated June 18, 2020,to include additional services requested by the City for final design of additional enhancements; and WHEREAS,the City and Consultant desire to enter into Supplemental Agreement No. 13 for services requested by the City for providing construction-related services for the US 63 enhancement improvements between Washington Street and Donald Street. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. PROJECT DESCRIPTION The project consists of U.S. 63 enhancement improvements between Washington Street and Donald Street in Waterloo, Iowa. The final construction plans for the roadway improvements were completed as part of the final design services for the project by the Iowa Department of Transportation. II. SCOPE OF SERVICES The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide construction-related services for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Erosion Control C. Set Stakes for Storm Sewer d. Set Stakes for Paving e. Set Stakes for Trail Paving f. Set Stakes for Sidewalks g. Set Stakes for Retaining Wall h. Set Stakes for Lighting i. Set Stakes for Landscaping j. Set Stakes for Right-of-Way Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Page 135 of 244 A COM Page 3 Task 5. Prepare bi-monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Construction period is anticipated to be 32 weeks.Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9. Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as required by Iowa DNR and City of Waterloo. Task 10. Report to the Client work believed to be unsatisfactory,faulty or defective or does not conform to the contract documents,and advise the Client of any work that should be corrected or rejected. Task 11. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 12. Facilitate bi-weekly construction progress meetings of project and complete minutes for each meeting. Task 13. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 14. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 15. Maintain files for correspondence, reports of the job conferences,shop drawings and sample submissions, reproductions of original contract documents including addenda,change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents,progress reports and other project-related documents. Task 16. Provide the Client with a copy of revised drawings of the construction plans (record drawings)for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 17. Prepare and assist the Client with the final close-out documentation received from the Contractor. The project will use DocExpress for document management. Final review with Iowa DOT is anticipated to be completed based on the Iowa DOT's Project Review and Close- out Checklist for Local Public Agency Projects. III. TIME OF BEGINNING AND COMPLETION Consultant shall not begin work under this agreement until so directed in writing by the City and they have received a copy of an executed agreement and a copy of the FHWA authorization. Page 136 of 244 A COM Page 4 IV. COMPENSATION The Consultant shall be reimbursed for the actual costs incurred in accordance with Article 3 of the original Agreement. The Estimated Actual Costs, Fixed Fee, Contingency and Maximum Amount Payable for this supplemental agreement is Two Hundred Thirty-Nine Thousand Five Hundred Dollars ($239,500.00), as stated below and as shown in Attachment A, and shall be segregated from the fees in all previous agreements. Estimated Actual Costs $214,600.00 Fixed Fee 24,900.00 Contingency 0.00 Maximum Amount Payable $239,500.00 V. In all other aspects,the obligations of the City and Consultant shall remain as specified in the Professional Services Agreement dated April 3, 2006, and subsequent amendments. IN WITNESS WHEREOF,the parties hereto have executed this Supplemental Agreement No. 13 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. aj/ By �q4VDate January 5, 2021 Douglas W. Sch P.E. Iowa Operations Manager CITY OF WATERLOO, IOWA By Date Quentin Hart Mayor IOWA DEPARTMENT OF TRANSPORTATION ACCEPTED FOR AUTHORIZATION By Date Robert Welper, P.E. District Materials Engineer District 2 0:\AdministrationWGREE\SUPPLE\SA13 Wat Hwy 63 Impr.doc Page 137 of 244 Attachment A U.S.Highway 63 Improvements City of Waterloo,Iowa Jefferson Street to Newell Construction-Related Services COST ANALYSIS I. Direct Labor Cost(AECOM Technical Services) Category Hours Rate/Hour Amount Senior Professional 0 $91.25 $0.00 Project Professional 124 $65.90 $8,171.60 Staff Professional 100 $50.70 $5,070.00 Professional 178 $34.00 $6,052.00 CADD Operator II 0 $41.10 $0.00 CADD Operator 1 88 $23.95 $2,107.60 Senior Technician 480 $40.00 $19,200.00 Technician 1,410 $27.70 $39,057.00 Project Support 82 $34.60 $2,837.20 $82,495.40 2462 11. Payroll Burden and Overhead Provisional Costs 131.94% $108,844.43 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 5000 0.575 2,875.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 2500 0.06 150.00 Color Copies 2000 0.22 440.00 EDM Equipment 148 12.50 1,850.00 GPS Equipment 50 25.00 1,250.00 Miscellaneous,Other 1,500.00 $8,065.00 IV. AECOM Estimated Actual Costs $199,404.83 Rounded $199,400.00 V. Subcontract Expense RKLA $15,200.00 $15,200.00 VI. Estimated Actual Costs $214,600.00 VII. Fixed Fee $24,900.00 Vill. Contingency(0%) IX. Maximum Amount Payable $239,500.00 Page 138 of 244 Attachment A U.S.Highway 63 Improvements City of Waterloo,Iowa Jefferson Street to Newell Construction-Related Services Staff Hour Estimate Senior Project Staff CADD Op CADD Op Senior Project Lescription of Work Prof Prof Prof Prof II 1 Technician Technician Su ort Total onstruction-Related Services 1 Preconstruction Conference 4 2 2 2 10 2 Construction Staking 68 194 262 1 524 3 Shop Drawing Review 16 8 1 24 4 Answer Design Questions 12 16 8 36 5 Pay Applications 8 24 16 48 6 Site Visits-Design Personnel 8 16 24 7 Change Orders 8 1 8 16 8 Field Observation 1 40 200 1,080 1,320 9 SWPPP Reviews 32 32 64 10 Reports to Client 12 8 8 28 11 Consider Contractor Modifications 1 8 8 1 16 12 Construction Phase Meetings 16 16 12 12 56 13 Review Prior to Completion 4 4 4 4 16 14 Final Field Review 4 1 4 4 4 16 15 Record Keeping 4 8 20 20 1 40 92 16 As-Built Drawings 4 8 32 8 8 60 17 Close-Out(Iowa DOT Local Systems Process) 16 16 20 20 40 112 TOTAL HOURS 0 124 100 178 0 88 480 1,410 82 2,462 Page 139 of 244 Attachment A U.S.Highway 63 Improvements City of Waterloo,Iowa Jefferson Street to Newell Construction-Related Services Ritland+Kuiper Landscape Architects(RKLA) Staff Hour Estimate and Costs Sr.LA 1 Sr.LA 2 LA Associate Description of Work Total Task No. 3 Shop Drawing Review 12 12 4 Answer Design Questions 24 8 32 .... ...................................... 8 Field Observation 4 12 4 20 10 Reports to Client 12 12 13 Review Prior to Completion Punch List 16 4 20 TOTAL HOURS 4 76 16 96 Hourly Rate $125.00 $125.00 $75.00 Direct Labor Amount $500.00 $9,500.00 $1,200.00 Total Direct Labor $11,200.00 Estimated Expenses $4,000.00 Invision Architecture(Overpass Features) $4,000.00 Estimated Actual Costs $15,200.00 Contingency $0.00 Maximum Amount Payable $15,200.00 Page 140 of 244 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, in an amount not to exceed $108,000, for construction related services, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and authorizing the Mayor to execute said document. City Council Meeting: 1/19/2021 Prepared: 1/5/2021 ATTACHMENTS: Description Type ❑ Cont 983_CGA PSA Backup Material Resolution approving a Professional Services Agreement with Clapsaddle- Garber Associates, Inc., of Cedar Falls. Iowa, in an amount not to exceed SUBJECT: $108.000, for construction related services, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Matt SchindeL Associate Engineer Source of Funds: TIF Page 141 of 244 Date: January 5, 2021 Client: City of Waterloo CGA 715 Mulberry Street Waterloo, IA 50703 SURVEYORSENGINEERS-LAND Construction Phase Services Proposal for Waterloo Airport Industrial Park FY 2020 Leversee Road Lift Station City Contract No 983 Waterloo, Iowa Dear Mr. Knutson: Thank you for your continued consideration of CGA for your professional engineering and surveying needs. The following proposal is for Construction Related Services for the FY 2020 Leversee Road Lift Station City Contract No 983 project: Scope of Services Construction Phase Services CGA shall provide construction administration,surveying,observation and testing services for the construction phase of the project. The fee for Construction Phase Services is developed in part on the anticipated duration of the construction and approximately 15 hours per week on average of construction observation by an engineering technician and approximately 15 hours per week construction administration, observation,site visits, meetings and shop drawing reviews by an engineer,as well as approximations for the staking and testing services specific to the project. This portion of the services includes services during construction and are further defined to include the following tasks: A. Preconstruction Conference Preparation and Attendance B. Submittals Review C. Contractor Review D. Record Keeping E. Trench/Backfill Compaction Testing F. Collecting As-Constructed Utility Information G. On-site Construction Observation by a Field Representative(Note:The field representative is not authorized to issue instructions contrary to the plans and specifications,or to act as foreman for the project contractor, however,shall have the authority to reject work or materials until any questions at issue can be referred to and be decided by representatives of the City.) H. SWPPP Inspections I. Construction Survey J. Preparation and Recommendation of Monthly Pay Estimates K. Preparation of Change Orders,as necessary L. Provide periodic updates to City of Waterloo M. Meetings i.Meetings, both on-site and remote as needed, by the primary Engineer of Record. www.cgaconsultants.com CGA Page - 1 Page 142 of 244 ii. Fourteen (14)on-site trips by the Mechanical/Electrical Engineer of Record shall be included in this proposal for the following: 1. Pre-construction meeting 2. Project kick-off meeting with Automatic Systems Company(ASC),the contractor,and the City to review the control system implementation plan,schedule and benchmarks. 3. Building site layout validation review 4. Underground conduit installation inspection 5. Generator installation,startup and commissioning 6. Generator load transfer and final operation testing 7. Interior building electrical systems installation layout review 8. Pump control system installation including floats, level controls,flow meter,cabling, etc. 9. Pump control system operational testing 10. SCADA system: review of latest pump station and plant control with ASC and the City; observation of initial system installation;and review of final system installation 11. Initial system inspection of completed project(create"punch list") 12. Final system inspection and approvals by the City. iii. Additional on-site meetings by the Mechanical/Electrical Engineer of Record shall be considered Additional Services. N. Perform Final Walk Through of Construction O. Project Close-Out P. Certification of Project Completion. Note:This certification will be prepared based on our observance of construction and,to the best of our abilities,determine the Contractor's compliance with the Contract Documents and deem unacceptable such work and material which do not comply with the specifications and plans. This clause shall not be construed to mean that the Engineer is guaranteeing the work of the Contractor. Q. Preparation of Digital and Paper As-Constructed Drawings. Fee The fee for the Scope of Services described above shall be as follows: Task Fee Type Task 1—Construction Phase Services for FY 2020 Leversee $108,000 Not to Exceed Road Lift Station City Contract No 983 Not to Exceed: The fee presented is the maximum amount to be invoiced for this phase. The task will be invoiced on a time and expense basis, per the hourly rate schedule and fees current at the time the service is performed. Schedule The schedule for the completion of the tasks presented shall be as follows: Tasks 1—Construction Phase Services: To be performed during construction Approximate construction length to be used as a basis of this agreement is approximately 27 Weeks,from anticipated start date of 12/21/2020 to the scheduled completion date of 7/1/2021. Due to winter work conditions,CGA does not expect the contractor to be working full time throughout this period, but has included it in the fee budget as a best approximation. www.cgaconsultants.com CGA Page • 2 Page 143 of 244 Please note that unless included in the Scope of Services any other items that may be needed for the completion of this project are not included. Standard Terms and Conditions PARTIES "ENGINEER"shall mean Clapsaddle-Garber Associates,Inc."CLIENT"shall mean the person or entity executing this Agreement with"ENGINEER." STANDARD OF CARE Services provided by ENGINEER under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size,complexity,and geographic location as that of the Project. ENGINEER PROVIDES NO WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED,WITH RESPECT TO ITS SERVICES. RIGHT OF ENTRY The CLIENT shall provide for complete and continuous access to the Project site in order for ENGINEER to timely perform its services and shall provide for entry for the employees,agents and subcontractors of ENGINEER and for all necessary equipment.While ENGINEER shall take reasonable precautions to minimize any damage to property,it is understood by the CLIENT that in the normal course of the project some damages may occur,the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein,invoices will be prepared in accordance with ENGINEER's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project.Invoices are due and payable upon receipt by the CLIENT.If the CLIENT does not make payment within thirty(30)days after the date the invoice was mailed to the CLIENT,then the amount(s)due ENGINEER shall bear interest due from the date of mailing at the lesser interest rate of 1.5%per month compounded or the maximum interest rate allowed by law.In the event that ENGINEER files or takes any action,or incurs any costs,for the collection of amounts due it from CLIENT,then ENGINEER shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it under this Agreement.Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party.If the termination is for default,the non-terminating party may cure the default before the effective date of the termination and the termination for default will not be effective.The termination for convenience and for default,if the default is not cured,shall be effective seven(7)days after receipt of written notice by the non-terminating party.In the event that this Agreement is terminated for the convenience of either party or terminated by ENGINEER for the default of the CLIENT,then ENGINEER shall be paid for services performed to the termination effective date,including reimbursable expenses due,and termination expenses attributable to the termination.In the event the CLIENT terminates the Agreement for the default of ENGINEER and ENGINEER does not cure the default,then ENGINEER shall be paid for services performed to the termination notice date,including reimbursable expenses due,but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses.Termination expenses shall include expenses reasonably incurred by ENGINEER in connection with the orderly termination of the Agreement or services,including,but not limited to,demobilization,reassignment of personnel,termination of subcontractors,subconsultants and other agents whose services were retained for the Project,associated overhead costs,lost profits,and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS ENGINEER shall indicate to the CLIENT the information needed for rendering of services hereunder.The CLIENT shall provide to ENGINEER such information,including electronic media,as is available to the CLIENT and the CLIENT's consultants and contractors.CLIENT hereby warrants the accuracy and completeness of the information provided by CLIENT to ENGINEER,and ENGINEER shall be entitled to rely upon the accuracy and completeness thereof.The CLIENT recognizes that it is difficult for ENGINEER to assure the accuracy,completeness and sufficiency of such CLIENT-furnished information,either because it is provided by others,or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing.Accordingly,the CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold ENGINEER Group harmless from and against any and all claims,liabilities,losses,costs and expenses(including,without limitation,reasonable attorneys'fees,experts'fees and any other legal costs),or any other costs,expenses or damages of any nature whatsoever(including,without limitation,damages to property,injuries or death to persons,fines,penalties)arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT,third parties,and/or research performed by ENGINEER or its subcontractors.ENGINEER will use the standard of care defined in this Agreement in providing this service.The information that ENGINEER must rely on from various utilities and other records may be inaccurate or incomplete.Therefore,the CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold harmless ENGINEER Group for any and all claims,liabilities,losses,costs and expenses(including, www.cgaconsultants.com CGA Page • 3 Page 144 of 244 without limitation,reasonable attorneys'fees,experts'fees and any other legal costs),or any other costs,expense or damages of any nature whatsoever arising out of the location of underground utilities provided or any information related to underground utilities provided to or by ENGINEER under this Agreement. CONTRACTOR MATTERS CLIENT agrees that ENGINEER shall not be responsible for the acts or omissions of the contractor or contractors,and their respective affiliated companies,officers,directors,equityholders,employees,agents,subcontractors,suppliers,or other persons or entities responsible for performing work on the Project(collectively,the"Contractor Group")that is not in conformance with the construction Contract Documents,if any,prepared by ENGINEER under this Agreement.ENGINEER shall not have responsibility for means,methods,techniques,sequences,and progress of construction of the Contractor Group.In addition,CLIENT agrees that ENGINEER is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. The ENGINEER shall not supervise,direct or have control over the Contractor's work,not have any responsibility for the Contractor's safety precautions or programs in connection with the Work.These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents.The ENGINEER shall not be responsible for any acts or omissions of the Contractor,subcontractor,any entity performing any portions of the Work,or any agents or employees of any of them.The ENGINEER does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws,codes,rules or regulations. JOBSITE SAFETY Neither the professional activities of the ENGINEER/Surveyor,nor the presence of the ENGINEER'S/Surveyor's employees and subconsultants at a construction site,shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities,including,but not limited to,construction means,methods,sequences,techniques,or procedures necessary for performing,superintending,or coordinating all portions of the work of construction in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies.The ENGINEER'S/Surveyor's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions.The Owner agrees that the General Contractor is solely responsible for jobsite safety. SHOP DRAWING REVIEW If,as part of this Agreement ENGINEER reviews and approves contractor submittals,such as shop drawings,product data,samples and other data,as required by ENGINEER,these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents.This review shall not include review of the accuracy or completeness of details,such as quantities,dimensions,weights or gauges,fabrication processes,construction means or methods, coordination of the work with other trades or construction safety precautions,all of which are the sole responsibility of the contractor. ENGINEER's review shall be conducted with reasonable promptness while allowing sufficient time in ENGINEER's judgment to permit adequate review.Review of a specific item shall not indicate that Engineer has reviewed the entire assembly of which the item is a component.Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of Engineer in writing by the contractor.Engineer shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If,as part of this Agreement ENGINEER is providing opinions of probable construction cost,the CLIENT understands that ENGINEER has no control over costs or the price of labor,equipment or materials,or over the contractor's method of pricing,and that ENGINEER's opinions of probable construction costs are to be made on the basis of ENGINEER's qualifications and experience.ENGINEER makes no warranty, expressed or implied,as to the accuracy of such opinions as compared to bid or actual costs. CONSTRUCTION OBSERVATION If,as part of this Agreement ENGINEER is providing construction observation services,ENGINEER shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors'work and to determine if the work is proceeding in general accordance with the Contract Documents.Unless otherwise specified in the Agreement,the CLIENT has not retained ENGINEER to make detailed inspections or to provide exhaustive or continuous project review and observation services. ENGINEER does not guarantee the performance of,and CLIENT hereby agrees that ENGINEER shall have no responsibility for,the acts or omissions of the Contractor Group or any other person or entity furnishing materials or performing any work on the Project(other than ENGINEER and its subconsultants).ENGINEER shall advise the CLIENT if ENGINEER observes that the contractor is not performing in general conformance of Contract Documents.CLIENT shall determine if work of contractor should be stopped to resolve any problems. If the Owner desires more extensive project observation or fulltime project representation,the Owner shall request that such services be provided by the ENGINEER as Additional Services in accordance with the terms of this Agreement. OTHER SERVICES The CLIENT may direct ENGINEER to provide other services including,but not limited to,any additional services identified in ENGINEER's proposal.If ENGINEER agrees to provide these services,then the schedule shall be reasonably adjusted to allow ENGINEER to provide these services.Compensation for such services shall be at ENGINEER's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment To Agreement that contains an alternative compensation provision. OWNERSHIP&REUSE OF INSTRUMENTS OF SERVICE www.cgaconsultants.com CGA Page • 4 Page 145 of 244 All drawings,reports,plans,specifications,field data and notes and other documents,including all documents on electronic media,prepared by ENGINEER as instruments of service(the"ENGINEER Deliverables")shall remain the property of ENGINEER and ENGINEER shall retain title in the ENGINEER Deliverables.ENGINEER grants to CLIENT a limited non-exclusive license to use the ENGINEER Deliverables for the construction and operation of the Project(the"Specified Purpose").All other uses of the ENGINEER Deliverables by CLIENT Group are prohibited,including, without limitation,reuse of the ENGINEER Deliverables,use of the ENGINEER Deliverables for the expansion or modification of the Project,or for use on other projects.Except in connection with a Specified Purpose and then only to those persons or entities necessary, CLIENT shall not disclose,market or distribute ENGINEER Deliverables to third parties.The CLIENT agrees,to the fullest extent permitted by law,to defend,indemnify and hold ENGINEER Group harmless from any and all claims,liabilities,losses,costs and expenses(including,without limitation,reasonable attorneys'fees,experts'fees and any other legal costs),or any other costs,expenses or damages of any nature whatsoever arising out of,resulting from or in any way related to the use by CLIENT or any other person or entity of any ENGINEER Deliverable for any purpose other than the Specified Purpose. CERTIFICATE OF MERIT The Owner shall make no claim(whether directly,in the form of a third-party claim,or for indemnity)against the ENGINEER unless the Owner shall have first provided the ENGINEER with a written certification executed by an independent ENGINEER/Surveyor licensed in Iowa to practice in the same discipline as the ENGINEER/Surveyor specifying those acts or omissions which the certifier contends constitutes a violation of the standard of care expected of an ENGINEER/Surveyor performing professional services under similar circumstances and upon which the claim will be premised.Such certification shall be provided to the ENGINEER/Surveyor thirty(30)days prior to the presentation of,and shall be a precondition to any such claim or the institution of,any arbitration or judicial proceeding. DISPUTE RESOLUTION If a dispute arises between ENGINEER and CLIENT,the executives of the parties having authority to resolve the dispute shall meet within thirty (30)days of the notification of the dispute to resolve the dispute.If the dispute is not resolved within such thirty(30)day time period,CLIENT and ENGINEER agree to submit to non-binding mediation prior to the commencement of any litigation.Any costs incurred directly for a mediator,shall be shared equally between the parties involved in the mediation. EXCUSABLEEVENTS ENGINEER shall not be responsible for any event or circumstance that is beyond the reasonable control of ENGINEER that has a demonstrable and adverse effect on ENGINEER's ability to perform its obligations under this Agreement or ENGINEER's cost and expense of performing its obligations under this Agreement(an"Excusable Event"). When an Excusable Event occurs,the CLIENT agrees Engineer is not responsible for damages,nor shall ENGINEER be deemed to be in default of this Agreement,and ENGINEER shall be entitled to a change order to equitably adjust for ENGINEER's increased time and/or cost to perform its services due to the Excusable Event. LIMITATION OF LIABILITY,WAIVER OF CONSEQUENTIAL DAMAGES In recognition of the relative risks and benefits of the Project to both CLIENT and ENGINEER,the risks have been allocated such that CLIENT agrees,to the fullest extent of the law,to limit the liability of Engineer and its officers,directors,equityholders,employees,agents, subconsultants,and affiliated companies(collectively,the"ENGINEER Group")to the CLIENT and any person or entity claiming by or through the CLIENT,for any and all claims,damages,liabilities,losses,costs and expenses(including,without limitation,reasonable attorneys'fees,experts'fees and any other legal costs),or any other cost,expense or damage of any nature whatsoever resulting in any way related to the Project or Agreement from any cause or causes to an amount that shall not exceed the compensation received by ENGINEER under the agreement or fifty thousand dollars($50,000),whichever is greater.The parties intend that this limitation of liability apply to any and all liability or cause of action,claim,theory of recovery,or remedy however alleged or arising,including negligence for professional acts,errors or omissions,strict liability,breach of contract,expressed or implied warranty,contribution,expressed indemnity, implied contractual indemnity,equitable indemnity,tort and all other claims.Except for the limitation of liability above,the CLIENT waives any claim or cause of action against the ENGINEER Group arising from or in connection with the performance of services for the Project or this Agreement. The ENGINEER Group shall not be liable to the CLIENT for consequential,special,exemplary,punitive,indirect or incidental losses or damages,including loss of use,loss of product,cost of capital,loss of goodwill,lost revenues or loss of profit,interruption of business, down time costs,loss of data,cost of cover,or governmental penalties or fines and CLIENT hereby releases the ENGINEER Group from any such liability. INDEMNIFICATION Subject to the limitation of liability above,ENGINEER agrees to the fullest extent permitted by law,to indemnify and hold harmless the CLIENT against all claims,damages,liabilities,losses or costs,including reasonable attorneys'fees and defense costs,or costs of any nature whatsoever to the extent caused by ENGINEER's negligent performance of service under this Agreement and that of its officers,directors, equityholders,and employees. The CLIENT agrees to the fullest extent permitted by law,to indemnify and hold harmless ENGINEER Group against all claims,damages, liabilities,losses,costs and expenses(including,without limitation,reasonable attorneys'fees,experts'fees and any other legal costs),or any other cost,expense or damage of any nature whatsoever to the extent caused by the acts or omissions of CLIENT and its affiliated companies,officers,directors,equityholders,employees,agents,contractors,subcontractors,engineers,designers,and consultants(other than ENGINEER)(collectively,the"CLIENT Group")in connection with this Project. www.cgaconsultants.com CGA Page • 5 Page 146 of 244 ASSIGNMENT Neither party to this Agreement shall transfer,sublet or assign any rights or delegate any duties under or interest in this Agreement(including but not limited to monies that are due or monies that may be due)without the prior written consent of the other party.Any such assignment or delegation not in accordance with the terms of this Agreement shall be null and void. SEVERABILITY,SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void,and all remaining provisions shall continue in full force and effect.All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and ENGINEER shall survive the completion of the services hereunder and the termination of this Agreement.The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW;JURISDICTION AND VENUE This Agreement and all matters arising under or in connection with this Agreement shall be governed by,construed and interpreted pursuant to the laws in the state of the locale of ENGINEER's address written in this Agreement without regard to conflicts of law principles.In any suit relating to this Agreement,CLIENT and EJNGINEER unconditionally and voluntarily consent to be subject to the exclusive jurisdiction of the state or federal courts sitting in Iowa and hereby waive any objections to venue lying therein.Each of the parties hereby consents to service of process anywhere in the world. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of ENGINEER to provide equal employment opportunities for all.ENGINEER will not discriminate against any employee or applicant because of race,color,religion,sex,marital status,national origin,age,ancestry,veteran status,physical or mental handicap,unless related to performance of the job with or without accommodation. COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and ENGINEER and supersedes all prior or contemporaneous negotiations,representations and agreements,whether oral or written.If the CLIENT issues a Purchase Order of which this Agreement becomes a part,the terms of this Agreement shall take precedence in the event of a conflict of terms.Any amendments,changes or alterations to this Agreement shall only be binding if reduced to writing and signed by both parties. SIGNATURES This Agreement may be executed in several counterparts,each of which when executed shall be deemed to be an original,but all together shall constitute but one and the same agreement.Original,facsimile,or electronic signatures by the parties are deemed acceptable for binding the parties to the Agreement. NOTICES All formal notices requests,demands,and other communications required under this Agreement shall be in writing and shall be hand delivered to the party or mailed by overnight registered or certified mail,postage prepaid,return receipt requested,to the address of the respective party set forth in this Agreement and to the attention of the respective person signing this Agreement on behalf of the party.The date of hand delivery or the date of mailing in accordance with the foregoing sentence shall be deemed to be the date of delivery of any such notice. Professional Services Agreement If you are in agreement with the proposal presented, please authorize the execution of this proposal as the Professional Services Agreement in the indicated position below. Please retain one copy for your files and return the other to this office. Electronic submittals are also acceptable. Please let me know if you have any questions. Please contact me at 641-752-6701, or adaters@cgaconsultants.com if you have any questions. Sincerely, CLAPSADDLE-GARBER ASSOCIATES, INC. Adam Daters, PE Matt Garber, PE/PLS Senior Project Manager President/CEO www.cgaconsultants.com CGA Page • 6 Page 147 of 244 Professional Services Agreement Authorization Authorized By: Date: Title: www.cgaconsultants.com CGA Page • 7 Page 148 of 244 CITY OF WATERLOO Council Communication Resolution approving a Real Estate Purchase Agreement(non-residential), and approving deeds to sell and donate real property to the City of Waterloo, for the partial acquisition of property storm sewer easements, drainage easements and temporary easements from Ascension Lutheran Church, in the amount of$81,665.48, located at 2211 Maynard Avenue, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Legal Description Backup Material ❑ Purchase Agreement Backup Material Resolution approving a Real Estate Purchase Agreement non-residential), and approving deeds to sell and donate real property to the City of SUBJECT: Waterloo, for the partial acquisition of property storm sewer easements, drainage easements and temporary easements from Ascension Lutheran Church, in the amount of$81,665.48, located at 2211 Maynard Avenue, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request by the City of Waterloo approving a real estate purchase agreement(non-residential) and approving deeds to sell and donate real property to the City of Waterloo, for the partial acquisition of property and temporary easements from Ascension Lutheran Church, in the amount of$81,665.48 ($63,423.39 fee title acquisition and permanent easements; $18,242.12 temporary easements), located at 2211 Maynard Avenue. Summary Statement: The purpose of these acquisitions is to create drainage improvements in the on the church's property because this area floods in times of heavy rains. A new detention basin will be built to the south of the church and this will hold back storm water and release it at a controlled rate. Acquisition of the land and easements will greatly benefit the surrounding area. Also a part of this agreement is the City will grant the church a future curb cut, if it occurs, onto Greenhill Road across from the on and off ramp to University Avenue. Expenditure Required: $81,665.48. Source of Funds: Storm Water Funds Policy Issue: Infrastructure and drainage. Legal Descriptions: See attached plats. Page 149 of 244 FEE TITLE ACQUISITION That part of Tract"A" Paul's Replat of a Part of Lawless Addition dated 12/10/1968 and part of Southwest Quarter (SW 1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County Iowa, described as follows: Beginning at the Southeast corner of Lot 1 in Paul's Replat of a Part of Lawless Addition also being the Northeast corner of said Tract"A", point being a found 1/2" rebar; thence South 00059' East a distance of 60.0 feet to the Northwest corner of Tract"D" per H. Ray Hughes Addition dated 12/9/1968, point being a set Y2" rebar with license#23212; thence South 89°063/4' West a distance of 139.9 feet to a set 1/2" rebar with license#23212; thence North 00059' West a distance of 60.0 feet to the Southwest corner of said Lot 1, point being a found 1/2" rebar; thence along the South line of said Lot 1 North 89°063/4 East a distance of 139.9 feet to the point of beginning. Containing 8,375 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Lot 1 is assumed to bear North 89°063/' East for this description. And FEE TITLE ACQUISITION That part of the Southwest Quarter(SW 1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County Iowa, described as follows: Beginning at the Northwest corner of Tract"A" per Plat of Survey dated 08/24/1984 and recorded in Misc. Book 257 Page 787 in the Office of the Black Hawk County Recorder, point being a found 1/2" rebar with license #8505; thence along the West line of said Tract"A" South 00°38'/4 East a distance of 477.4 feet to the Southwest corner of said Tract"A", point being a found 1"O iron pipe with license#3862; thence South 03°171/2' East a distance of 69.25 feet to the Northerly right-of-way of University Avenue, point being a found 1/2" rebar; thence along said Northerly right-of-way North 60°49'West a distance of 75.95 feet to the Easterly right- of-way of Greenhill Road, point being a found 1/2" rebar; thence along said Easterly right-of-way North 11°02'West a distance of 472.3 feet to a found 1/2" rebar; thence along said Easterly right-of-way North 11°03'West a distance of 31.65 feet to a set 1/2" rebar with license#23212; thence North 60°413/4' East a distance of 103.15 feet to a set 1/2' rebar with license#23212; thence Due East a distance of 90.1 feet to a set 1/2" rebar with license#23212; thence South 00°563/' East a distance of 35.2 feet to the Northerly line of said Tract"A", point being a set 1/2" rebar with license#23212; thence along said Northerly line South 89°02' West a distance of 27.15 feet to the point of beginning. Containing 1.40 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The West line of said Tract"A" is assumed to bear South 00°381/4 East for this description. And Page 150 of 244 That part Tract"A" Paul's Replat of a Part of Lawless Addition dated 12/10/1968 and part of the Southwest Quarter (SW 1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County Iowa, described as follows: Commencing at the Southeast corner of Lot 1 in Paul's Replat of a Part of Lawless Addition also being the Northeast corner of said Tract"A", point being a found 1/2" rebar; thence along the South line of said Lot 1 South 89°063/4 West a distance of 139.9 feet to the Southwest corner of said Lot 1, point being a found 1/2" rebar, also being the point of beginning; thence South 00059 East a distance of 60.0 feet to a set 1/2" rebar with license#23212; thence South 890063/4' West a distance of 60.0 feet; thence North 00°59' West a distance of 60.0 feet to the Southeast corner of Lot 12 in Paul's Replat of a Part of Lawless Addition; thence North 890063/4' East a distance of 60.0 feet to the point of beginning.. Containing 3,600 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Lot 1 is assumed to bear North 89°063/' East for this description. PROPOSED SEWER EASEMENT#2 That part of the Southwest Quarter(SW 1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County Iowa, described as follows: Commencing at the Southeast corner of Lot 1 in Paul's Replat of a Part of Lawless Addition also being the Northeast corner of said Tract "A", point being a found 1/2" rebar; thence South 00°59' East a distance of 60.0 feet to the Northwest corner of Tract"D" of H. Ray Hughes Addition dated 12/09/1968 recorded in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license#23212; thence along the West line of said H. Ray Hughes Addition South 00°59' East a distance of 335.0 feet; thence South 89°06%' West a distance of 15.0 feet; thence North 00°59'West a distance of 335.0 feet; thence North 89°06%' East a distance of 15.0 feet to the point of beginning. Containing 5,025 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Lot 1 is assumed to bear North 89°06%' East for this description. And PROPOSED DRAINAGE EASEMENT#1 (Ascension Lutheran Church) That part of the Southwest Quarter(SW 1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Tract"A" in H. Ray Hughes Addition dated 12/09/1968 recorded in the Black Hawk County Recorder, point being a set 1/2" rebar with license#23212; thence along the North line of Tract"A" per Plat of Survey dated 08/24/1984 and recorded in Misc. Book 257 Page 787 in the Office of the Black Hawk County Recorder also being a Southerly line of Ascension Church, South 89°02' West a distance of 347.8 feet to a set 1/2" rebar with license #23212; thence North 00°56%' West a distance of 20.0 feet; thence North 89°02' East a distance of 347.8 feet to the West line of said Tract"A" in H. Ray Hughes Addition; thence along said West line South 00059' East a distance of 20.0 feet to the point of beginning. Containing 6,955 sq. ft. Page 151 of 244 Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°38'/4 West for this description. PROPOSED CONSTRUCTION EASEMENT (Ascension Lutheran Church) That part of the Southwest Quarter(SW 1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Tract"A" in H.Ray Hughes Addition dated 12/09/1968 recorded in the Black Hawk County Recorder, point being a set 1/2" rebar with license#23212; thence North 00059' West a distance of 20.0 feet; thence South 89002' West a distance of 347.8 feet; thence North 00°56%' West a distance of 15.2 feet to a set 1/2" rebar with license#23212; thence Due West a distance of 48.6 feet to the point of beginning; thence Due West a distance of 41.5 feet to a set 1/2" rebar with license#23212; thence South 60°41%' West a distance of 66.9 feet; thence North 36°581/2' West a distance of 78.75 feet; thence Due East a distance of 147.25 feet; thence Due South a distance of 30.15 feet to the point of beginning. Containing 5,455 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°38'/4 West for this description. PROPOSED STORM SEWER EASEMENT (Ascension Lutheran Church) That part of the Southwest Quarter(SW 1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk, County Iowa, described as follows: Beginning at the Southwest corner of Tract"A" in H.Ray Hughes Addition dated 12/09/1968 recorded in the Black Hawk County Recorder, point being a set 1/2" rebar with license#23212; thence North 00°59' West a distance of 20.0 feet; thence South 89002' West a distance of 347.8 feet: thence North 00°56%' West a distance of 15.2 feet to a set 1/2" rebar with license#23212; thence Due West a distance of 90.1 feet to a set 1/2" rebar with license#23212; thence South 60°41%' West a distance of 66.9 feet to the point of beginning; thence South 60°41%' West a distance of 36.25; thence North 11°03' West a distance of 82.15 feet; thence South 36°581/2' East a distance of 78.75 feet to the point of beginning. Containing 1,415 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°381/4 West for this description. Page 152 of 244 Preparer Information: Chris Wendland,Assistant City Attorney, 715 Mulberry St.,Waterloo,IA 50703 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Ascension Lutheran Church of Waterloo, Iowa("Seller") FROM: City of Waterloo, Iowa("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as a portion of parcel no. 8913- 21-301-019, legally described as per acquisition plats of survey attached hereto; together with any easements and appurtenant servient estates, but subject to any restrictive covenants, ordinances and limited access provisions of record, if any, and to existing easements, if any, herein referred to as the"Property,"upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $63,423.36, of which the entire sum is allocated to the 1.4-acre parcel (the "South Basin"). The 8,375 square-foot parcel (the "North Basin") shall be donated by Seller. The entire Purchase Price shall be due and payable in full at closing. In addition, Buyer will acquire certain storm sewer, drainage and temporary construction easements as identified in paragraph 22.0 below for an aggregate purchase price of $18,242.12. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 60 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. Page 153 of 244 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. hieluded with the PFepeiqy shall be ail fixtures that imegrally belesg to, afe Niewing items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Buyer, at its expense, shall obtain an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title,this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by Seller or its assignees. 9. SURVEY. B B, i. .t rY_ .�. ��x� ed and eei ir:ed by a c�iICCf4-Li lF� l lv�fva�' eyed .+ •• •• v vJ ... of ethers.the enereaehFAeFAs shall be treated as a 641e defeet. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea-formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or 2 Page 154 of 244 substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that,to the best of its knowledge and belief,there is no active or abandoned septic tank or septic system on the property, except as described here: C. As provided in Section 7, Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $500 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens,restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. if Sell ia'ely in eemmon; and Buyer- in the event BE d-e-a-th lefany S Cirlri 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's a title holder : =ediately dewef� befaestead, and distr-ibu4i-ve share or- in complienee with Seetien 561-13 of the Cade ef 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 3 Page 155 of 244 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. Th i-tie _ e"- ewledg ,i,,, Seiler-zzu5. desire to mr-ietu.. a 1031 de ed e?celiaiige ;iii iliod trafls e4i 1Z, _ F. -mac �ivi�:a4 "viii i i�r.e_ at tie Best W Btl)'er-7 ?fit yeiir t., v- 17. APPROVAL OF COURT. If the Property is an asset of any estate,trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. Buyer and Seller are also entitled to utilize any and all remedies or actions at law or in equity available to them, and the prevailing party shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Ascension Lutheran Church 2211 Maynard Avenue Waterloo, IA 50701 Attn: Dean Boyce Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning&Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21.NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. Special contingency to effectiveness of A regiment. Notwithstanding any signatures below by representatives of Buyer or Seller, this Agreement is expressly subject to 4 Page 156 of 244 approval by the city council of Buyer and to approval by the voting members of Seller's congregation. B. The deed to the South Basin and to the North Basin shall include a condition that ownership of each such parcel will revert to Seller if the parcel ceases to be primarily used for storm water drainage and/or detention purposes. C. At closing, Seller will also execute one or more agreements, in form and content reasonably acceptable to both Buyer and to Seller, granting to Buyer the easements identified on the easement plats attached hereto,namely, a 1,415 square-foot storm sewer easement, a 6,955 square-foot drainage easement, a 3,600 square-foot storm sewer easement, a 5,025 square-foot storm sewer easement, and a 5,455 square-foot temporary construction easement. D. Buyer agrees to grant Seller a future curb cut onto Greenhill Road from Seller's property, consisting of a one-lane access onto Seller's property from Greenhill Road, and a one-lane exit from Seller's property onto Greenhill Road, in an area generally across from the University Avenue on/off ramp and north of the South Basin. The curb cut shall be granted at the time of Seller's request to Buyer.Buyer may impose such reasonable conditions as are consistent with other curb cuts providing access to major streets, so long as such reasonable conditions do not prevent Seller from obtaining from Buyer a curb cut from Seller's property onto Greenhill Road of the type and in the area described in this Paragraph 22-D. E. Buyer will remove dead trees on Seller's remaining property that are immediately north of the 6,955 square-foot drainage easement, and Buyer will also clean out the North Basin, all at Buyer's sole cost and expense. F. Excess fill material from Buyer's storm water project will be placed on Seller's remaining property by Buyer, at its sole cost and expense, at locations specified by Seller, provided such locations do not interfere with the features or purposes of Buyer's planned storm water infrastructure. G. Buyer will place and maintain signs at the property line of the two acquisition parcels (i.e.,the North Basin and South Basin)to identify each parcel as property of the City of Waterloo, at Buyer's sole cost and expense. H. Buyer acknowledges that Seller or its successors in interest may in the future develop a portion of Seller's remaining property into a residential or commercial subdivision, which will involve extension of Coachman Drive and Christensen Road onto Seller's development property,to a full 60-foot width of each such street, along with the dedication of both of such street extensions to the City of Waterloo as future public street right-of-way, in such a manner as to permit such subdivision to have two (2)means of legal access from the lots in such potential future subdivision onto Coachman Drive and Christensen Road.Nothing in this Agreement, or in the deeds of conveyance or the easement agreements that Seller shall grant to Buyer pursuant to the terms of this Purchase Agreement, shall in any way be construed to prevent or prohibit such future street extensions in connection with such a subdivision, and Buyer agrees that such future street extensions and the construction of streets and accompanying necessary public 5 Page 157 of 244 infrastructure, shall not be claimed by Buyer as interfering in any way with any infrastructure to be constructed by Buyer on the property over which Proposed Sewer Easement#1 shall extend, or on the property over which Proposed Sewer Easement#2 shall extend. Buyer acknowledges that Seller would not enter into this Purchase Agreement without the assurances from Buyer that such future development of Seller's remaining property, as described in this Paragraph 22-H., may occur without interfering with any infrastructure that Buyer shall construct on any of the properties described in this Paragraph 22-H. I. The provisions of this Section 22 shall not merge into the deed(s) delivered at closing, but shall survive the closing. This Purchase Agreement shall be filed with the Black Hawk County Recorder in order to place the provisions of this Section 22 of record. 23. ENTIRE AGREEMENT. This Agreement, consisting of sixteen (16) pages, including all attachments, represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. Upon approval by Seller's congregation, and upon approval by Buyer's city council,this Agreement shall become a binding contract. Dated Accepted by Seller BUYER SELLER City of Waterloo, Iowa Ascension Lutheran Church By: By:� a Mayor Dean Boy e, resident Attest: City Clerk Bzozf4le� anice Moore, Secretary STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This record was acknowledged before me on the day of , 202_, by Quentin Hart, Mayor, and_ , City Clerk, of the City of Waterloo, Iowa. Notary Public in and for the State of Iowa 6 Page 158 of 244 STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This record was acknowledged before me on the fil day of J O n UO, , 202 , by Dean Boyce, President,and Janice Moore, Secretary,of Ascension Lutheran Church of Waterloo, Iowa. NICOLE K LAHR Notary Public in and for the State of Iowa CornmkWon Number 795450 My Comm sssl?Fires ow �-i 7 Page 159 of 244 Acquisition Plats s Page 160 of 244 l INDEXLEGEND General DascdAorx Sec.21 18SN-R13W,SW 1/4 Surveyor; Kyle J.Hellard Surveying Companyl Helfand Enginsering&Surveying,Lid. Return To: 6109 Chancellor Dnve rs Cedar Falls,Iowa 50613.6916 (319)-266-0161 Survey Requested By: Mark Wemer,P.R.Stanley Consultants/City of Waterloo Proprietor. Ascension Lutheran Church cc If I THIS PLAT REPRESENTS A SURVEY OF ACQUISITION PLAT That part of Tract'A"Paul's Replal of a Part of Lawless Addition dated 12110/1968 and part of Southwest Quarter(SW 114)of Section No.21,Township No,89 North,Range No.13 West of the Fifth Principal Meridian,Waterloo,Blade Hawk County Iowa,described as follows: Beginning at the Southeast corner of Lot 1 in Paul's Replat of a Part of Lawless Addition also being the Northeast corner of said Tract"A",point being a found YZ'rebar, thence South 00°59'East a distance of 60.0 feet to the Northwest corner of Tract"D"per H.Ray Hughes Addition dated 1219/1968,point being a set Ma"rebar with license#23212; thence South 89°063/,'West a distance of 139.9 feet to a set 1/2"rebar with license#23212; thence North 00°59'West a distance of 60.0 feet to the Southwest corner of said Lot 1,point being a found Yz' rebar; thence along the South line of said Lot 1 North 89'063/'East a distance of 139.9 feet to the point of beginning. Containing 8,375 sq.ft. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not of record. Note: The South line of said Lot 1 is assumed to bear North 89°063/4`Eastfor this description. "PAUL'S REPLAT OFA PART OF LA WLESS ADDITION" CHRISTENSEN RD. — WATERLOO FOUND NO.4 REBAR(60-R.O.W.) LOT I FOUND NO.4 REBAR P.O.B. - N I39'aG%'E 139.9 -- LOT 16 TRACT A" i r PAUL'S REPLAT OF PART r ' OFLAWLESS ADWION ' DATED 12/1011968 0 � StWrHLINE OFTRACT°A" W UPTON AVE. ACQUISITION z PLA T k 8,375 SC+FT, r � z S SS°fl831+'W 139.9' — SW 1/4 LGCATLON.MAAjl SEC.21-T89N-R13W l o DA TRACTD rw "H.RAYHUGHES � ADDITION" '1 WATERLOO ' ACQUISITION PLAT p c BEARINGS ARE ASSUMED THIS SURVEY MEETSIOR EXCEEDS CURRENT'MINIMUM STANDARDS FOR PROPERTY SURVEYS' 15' 60' 1 ` HELLANDENGINEERING&SURVEYINGSET NO.4REBAR X24°LONGwIORANGEPLASTIC CAP p252i 609ChancelorDdve RECORDEDAS FILENAME;19-141-A.DWG CadarFa4s,Iowa 506IU916 SCALE: 1"=30' PROJECT#19.141 DRAWN BY,CDR (31*266.0t61 SHEET 1 14 PLAST(CCAP(0--ORANGF.,R=RED,Y-YELLOW) Ine'P�r��nytnasmr5 L"air"�aynd° `�"rw�wa�,eACQUISITION PLAT OF SURVEY yA L.�Ary ��e suivfsiu a�ai i 'Pa�"� OF PART OF TRACT"A' PraLrssl arse ueear o �„sar sra,a mrowAND PART OF SW 114 w ' 6rLeJ + 2— ��^� SEC.21-T89N-R13W L : HELLAND o 23212 c lKrycre.f�r�`� Mplicenwremwald clsDecemkrs+,Mt. 1NATERL00,BLACK HAWK COUNTY,IOWA C All pages orsAeols are covered by Usual except FOR rnwt; ASCENSION LUTHERAN CHURCH g Page 161 of 244 INDEX LEGEND General Deseopllm Sec.21 T89N-R13W,SW 114 pG Surveyor: Kyle J.Helland iff Surveying Company! Holland Engineedng&Surveying,Ltd. a Relum Tn. 6109 Chance}}ar Dnve r� Cedar Falls,Iowa 50613-6916 (319)-286-0161 Survey Requested By: Mark Wermer P.E.IStanley Consultants z Proprietor. Ascension Lutheran Church "ACQUISITION PLAT" 60'413/,'E 103.15' DUE EAST 90.1' S 00°56%'E 35.2 i /r N 11°03'W 31.65P,ae. { S 89°02'W 27.15' FOUND NO.4 REBAR I FOUND NO,4 REBAR w/YPC#8505 "ACQUISITION PLAT" LOCATION MAP a 1.40 ACRES COACHMAN DR. ACQDgSl PLAT" S W 1/4 SEC.21-T89N-R13W 4 WATERLOO P.—ASSUMED rRACr A" UAIIVER51tYAVE, x r FARING} PLATOFSURVEY 257 MISC.787 N y DATED 08124/7884 FLOWER Sr. -w_ GREENHFU RD. GREENHILL ROAD (R.O.W.VARIES) TRACT B" -FOUND 1"0 PLAT OFSURVEY IRON PIPE 257M1SC.787 % wNPC#3862 DATED 08r7d11984 PLAT OF SURVEY —S03°17WE 89.25' tArEa idWV14 N 60°49'W 75.95' FpUND NO.4 REBAR UNIVERSITY AVENUE (R.O.W.VARIES) (BEARINGS ARE ASSUMED) 0' f 51Y 100' 0' HELLAND ENGINEERING&SURVEYING,LTD. 0 SET NO.4 REBAR X 24"LONG wlORANGE PLASTIC CAP=21 61[i9CnanoeliarDrha (001RECORDEDAS FILENAM5: 19441•ACQUOTiON,DWG Cedar Fats,lows 506136916 SCALE: 1'=100' PROJECT#19-141 DRAWN BY:JPH (319}-286.0161 SHEET 1 OF 2 OPCPLAsTic CAP(O=ORANGE,R=RED,Y=YELLOW} Ind V Fury°,a'u�%%er ws dedh entre as d ACQUISITION PLAT aqL LA and andlhereisiedswveywatrwas�rlamedLyneoriud�rmy ❑ d11eu FersonalsuparNslon and I I ems du7yy��&:en-Rd OF •' '�. NG Profess na Lendd unOrV�erawspiOfeSla%ofImp& PART OF SW 114 w c KYLE J. is c ��, � , d¢ SEC.21-T89N-R13W HELLAND; m g e r 23212 -� i d -ti a Dyense Number23212 WATERLOO,BLACK HAWK COUNTY,IOWA o ........ 11 orsfie aldae lst)M*i'�' t20Q' FOR lover ASCENSION LUTHERAN CHURCH ><a -•----- —_.T_�_ - ----. — - Page 162 of 244 "ACQUISITION PLAT" THIS PLAT REPRESENTS A SURVEY OF That part of the Southwest Quarter(SW 114)of Section No.21,Township No,89 North,Range No.13 West of the Fifth Principal Meridian,City of Waterloo,Black Hawk County Iowa,described as follows; i Beginning at the Northwest corner of Tract"A"per Plat of Survey dated 08/2411984 and recorded in Misc.Book 257 Page 787 in the Office of the Black Hawk County Recorder,point being a found''/"rebar with license 48505; thence along the West line of said Tract"A"South 00°38%4'East a distance of 477.4 feet to the Southwest corner of said Tract"A",point being a found 1"F6 Iron pipe with license 43862; thence South 03°17'/2'East a distance of 69.25 feet to the Northerly right-of-way of University Avenue,point being a found%a."rebar; thence along said Northerly right-of-way North 60°49'West a distance of 75.95 feet to the Easterly right-of-way of Greenhill Road,point being a found'/"rebar; thence along said Easterly right-of-way North 11"02'West a distance of 472.3 feet to a found%"rebar; thence along said Easterly right-of-way North 11°03'West a distance of 31.65 feel to a set%"rebar with license#23212; thence North 60°413/4'East a distance of 103.15 feet to a set'/:" rebar with license#23212; thence Due East a distance of 90.1 feet to a set%"rebar With license#23212; thence South 00563/'East a distance of 35,2 feet to the Northerly line of said Tract"A",point being a set%"rebar with license#23212; thence along said Northerly line South 89°02'West a distance of 27.15 feet to the point of beginning. Containing 1.40 acres. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not of record. Note: The West line of said Tract"A"is assumed to bear South 00°38'/4' East for this description. HELLAND ENGINEERING&SURVEYING,LTD. 0 SET No.4 ROAR X24'LONG WORANGE PLASTiO CAP M21 6109 ChaACOM IX'Ve {00}RECORDED AS FILE NAME: 19.141•ACQUISMON.r M Cedar Fab.Iowa U613-6916 SCALE:N/A PROJECT N 19441 DRAWN BY:JPH tslsi•zssalsl SHEET 2 OF 2 ❑PC PLASTIC CAP ta=nRANGE,R=RED,Y=YELLOw1 ACQUISITIOOFN PLAT PART OF SW 114 SEC.21-T89N-R13W WATERLOO,BLACK HAWK COUNTY,IOWA FOR ASCENSION LUTHERAN CHURCH 11 - -- Page 163 of 244 Storm Sewer Easement Drainage Easement Temporary Easement Plats i 12 Page 164 of 244 N J di 1 INDEX LEGEND $ General Description: Sec,21-T89N•R13W,SW 114 Surveyor. Kyle J.Helland Surveying Company! Helfand EnglneerEr�&Surveying,L(d, Retum 70: 61[09 o09 Chancellor DdVe 0 Cedar Falls,Iowa 50613-6916 (319)-266-0161 Survey Requested By: Mark Werner,R.E.Stanley Consultants/City of Waterloo N Proprielor: Ascensfon Lutheran Church q LOTS "PAUL'S REPLAT OF A u' PART OFLAWLESS Lor 16 ADDITION" LOT12 eAseµ�rdr WATERLOO � P.va . - - -N 89°063/'E 999.9--- EASEMENT41&#2 60,0'-- - 139.9 P; v.C. � � + w + FOUND NO,4 REBAR 1 W d Mo SOUTH LINE OF TRACT"A �� UPTONAVE. --- —oro — — " o ------- --- ce — — —— cno (60'R.O.W.) C5 g ss CO,+` 15.0' ; U)s % + ''--- PROPOSED -----S 89°063/1 W 199.9'---------- � J % SEWER ' ensElaENr#z EASEMENT#9 16.a "H.RAY HUGHES 3,600 SO.FT. ADDITION" WATERLOO PROPOSED TRACT"o" SEWER 'UNPLATTED' EASEMENT#2 SW 114 5,025 SQ.FT, SEC.21-T89N-R13W m _ LU o � M u LOCATION MAP � U) rR4YWWR0AVE. rn & o R TRACT"C" oc z SEWER- EASF.MENTS Cof1 COACHMAN DR. a (60'R.0.W) TRACT't3" r i r 4 1 t TRACT A" S 89'06%'W 15.0'— (BEARINGS ARE ASSUMED] THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS` 0' k 1 0` HELLAND ENGINEERING&SURVEYING,LPSCALE: NO.4REBARX24'LONG wIORANGEPLASTIC CAP#23212 �6109Chancellor Drive ORDEDAS FILE NAME: 99-149-B,DWG Cedar Falls,Iowa 50613-6996 1"=60' PROJECT#19-141 DRAWN BY:CDR;319)•266-0161 'SHEET10STICCAP(O--ORANGF,R=RED,Y=YELLOW}Irarehy ceN7y Ura!Ods land BalYey9rg dadNTlolllw,asprepamd y,4 LAy andlharelaredsweywwkvga �y meauwermyPROPOSED SEWER EASEMENTS dhad Pe canalsappeer,dstoaard I�ama duly�cEnscMOF PART OF TRACT"A" q G PrnDa Undurvo underrhola Bo1Vro51amotioxa. y ,-�'�'�`� &PART OF SW 114 w ' KrLIEJ. ' f� 0 SEC.21-T89N-R13W 4 : HEI.tAND; rn F(�6 s 23212 ' �� i9ee rse Number232F2 WATERLOO,BLACK HAWK COUNTY IOWA p a a a! M 0cense rermal dale kDocernbu31,2021. FOR Id7YJA C A71 pages or sheet are covered by Of sold wept ASCENSION LUTHERAN CHURCH 13 Page 165 of 244 : THIS PLAT REPRESENTS A SURVEY OF PROPOSED SEWER EASEMENT#1 That part Tract"A"Paul's Replat of a Part of Lawless Addilion dated 1211011958 and part of the Southwest Quarter(SW 114)of Section No.21,Township No.89 North,Range No.13 West of the Fifth Principal Meridian,Waterloo,Black Hawk County Iowa,described as follows: Commencing at the Southeast comer of Lot 1 in Paul's Replat of a Par#of Lawless Addition also being the Northeast Corner of said Tract"A",point being a found%"rebar; thence along the South line of said Lot 1 South 89°06'/x'West a distance of 139.9 feet to the Southwest corner of said Lot 1,point being a found%2'rebar,also being the point of beginning; thence South 00°59 East a distance of 60.0 feet to a set 1/2"rebar with license#23212; thence South 89°06'/x'West a distance of 60.0 feet; thence North 00°59'West a distance of 60.0 feet to the Southeast corner of Lot 12 in Paul's Replat of a Part of Lawless Addition; thence North 89"06%x'East a distance of 60.0 feel to the point of beginning.. Containing 3,600 sq.ft. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not of record. Note: The South line of said Lot 1 is assumed to bear North 89°06'/'East for this descrlplion. THIS PLAT REPRESENTS A SURVEY OF PROPOSED SEWER EASEMENT#2 That part of the Southwest Quarter(SW 1141 of Section No.21,Township No.89 North,Range No.13 West of the Fifth Principal Meridian,WaterlDo,Black Hawk County Iowa.described as follows: Commencing at the Southeast corner of Lot 1 in Paul's Replat of a Part of Lawless AddiliDr,also being the Northeast corner of said Tract"A",point being a found Y2"rebar; thence South 00059'East a distance of 60.0 feet to the Northwest corner of Tract"D"of H.Ray Hughes Addition dated 1210911968 recorded in the Office of the Black Hawk County Recorder,point being a set%_"rebar with license #23212; thence along the West line of said H.Ray Hughes Addition South 00'59'East a distance of 335.0 feet; thence South 89°O6%'West a distance of 15,0 feet; thence North 00°59'West a distance of 335.0 feet; thence North 89006'/x'East a distance of 15.0 feet to the point of beginning. Containing 5,025 sq.ft. Subject to resiriclions,easements,covenants,ordinances,and ilmlled access provisions of record and not of record. Note; The South line of said Lot 1 is assumed to bear North 69'06x/.'East for(his description. � �HELLANDENGINEERING&SURVEYING,#TD. +•SE'r ROEDESARJc24'LENAMIORANGEPLASTICCAPt�"s2'2 6169 Charteorcr Drlva (OOaRECORDEt3 AS FILE NAME: 19-14i•B.DWG Caderl'a1%Iowa 566i3b9t6 SCALE:MA PROJECT#19.141 DRAWN BY:CDR {3tB}2fis-0is1 SHEET 2 OF 2 PC PLASTIC CAP(O CMIQ GE,R=RED,YcYEtLOW) PROPOSED SEWER EASEMENTS OF PART OF TRACT"A" &PART OF SW 114 SEC.21-T89N-R13W WATERLOO,BLACK HAWK COUNTY,IOWA FOR ASCENSION LUTHERAN CHURCH 14 Page 166 of 244 t INDEX LEGEND Genets!Description: Sgo.21-T89N-R13W,SW 114 ee Surveyor: Kyte J.Heffand Surveying Company) Holland Enginecring 8 Surveying,Lid. a Return 76: 6109 Chancellor Dave r� Cedar Fails,Iowa 50613.6916 (319)•266-0161 Survey Requested By: Marls Werner P.E.1Slanely Consultants Propdetol-. Asconslon Lutheran ChuW North Star Communlly Services Inc. FOUND NO.4 REBAR w)YPC#7811 ,rrri PROPOSED CONSTRUCTION W STORM SEWER EASEMENF PROPOSED TRACT°A^ '�a EASEMENT 5 455 SO.FT. DRAINAGE N.RAYHUGFfES T� 1,415 SQ.FT. EASEMENT#1 ADD1T10N 6,955 SQ.FT, DUE EAST _ DUE SOUTH 30.15' N 00°563/,'W 15.2' S 00*59'E 20.0 ` ' &j 41.5' 48.6' N 89002'E 347.8` - �c� 1".� P.O.B. 00'56'/:'W 20.0' 3A7.8' _ Cog�MON S 89'0Z'W 3705' -_� P.O.C.C?,NSfHUC VEA M. P.O.C.S O WS RFJ 0 ESN P.O.B. ENi111 DUE WEST —FOUND NO.4 REBAR i MOPC 0565 r , i P.O.B. 1' R ' FOUND NO.4 REBAR TRACT"4" 1 PLATOFSURVEY 257MISC.787 DATED 0812411984 °; tOCATI IN MAP (ASSUMED BEARING) COACHMAN DR. "EASVTPLATS" SW 1/4 ' Z SEC.21-T89N-R13W �e { WATERL00 � �UNlI�RSrIYAVE, � N w FUUNI}N0.4 REBAR rZOw�eBT. ,� 'AGF GREENHr1L AD. FOUND 1"0 IRON PIPE %VNPC#3862 7WiCTT- FLAT0FS11RV£YWAfiSa 787 DATEOM411M PL4TOFSURVEYFlIE2014 21673 11 DATFOO610MO14 PARINGS ARE ASSUMED] THIS SURVEYMEETSIOR EXCEEDS CURRENT WINIMUM STANDARDS FOR PROPERTY SURVEYS" 4p & 1 V HELLANI]ENGIIdEFRING&SURVEYING,L420pcPLASTIC 0SETNO.AREBARX2A"LONGwFORANGEPLH3TfCCAPP23212 8109 ChancvllxDr ve fi0f RECORDED AS FILENAME 1914 t-C OWG Cedar Falls,Iowa 50613-69% SCALE: 1'=86' PROJECT 913141 ORAWiU BY.CDR (3101.2880161 SHEET I OFCAP(O=ORANGE,R=RED,Y-YELLOM IIx+ehyc Nry[WWf;Iands+me)f%duasnrmvraS$Omd EASEMENT PLAT �p4 LANQ and the reratadsurvey.work was pedwmd roeorundernW J� &raccmd al :10 atlamadr 8censed OF Prota Suveyor a�Faa�a; 5ps orlo,va, PART OF SW 114 s HLjEppJjpye m r' SEC.21-T89N-R13W dry ;y 23212 s Our Numhaer23212 WATERLOO,BLACK HAWK COUNTY,IOWA w 8cenaoren4lraldpAlaf7ee�n6er31,2021. FOR 1 IOYFP ni pages orsheataamcowed eyrMsea}awVt CITY OF WATERLOO 15 Page 167 of 244 PROPOSED DRAINAGE EASEMENT#1 (Ascension Lutheran Church) That part of the Southwest Lluader(5W 114)of Section No.21,Township No,89 North,Range No,13 West of the Fifth Principal Meridian,Waterloo,Black Hawk County,Iowa,described as follows: Beginn[ng at the Southwest corner of Tracl"A°in H.Ray Hughes Addition dated 11210911968 recorded in the Black Hawk County Recorder,point being a set 1/2'rebar with license 03212; thence along The North line of Tract"A'per Piot of Survey dated 0812411984 and recorded in Misc.Book 257 Page 787 in the Office of the Black Hawk County Recorder also being a Southerly line of Ascension Church,South 89°02' West a distance of 347.8 feel to a set%"rebar with license#23212; thence North 00°56%'West a distance of 20,0 feel; thence North 89°02'East a distance of 347.8 feet to the West tine of said Tract"A"in H.Ray Hughes Addition; thence along said West line South 00'59'East a distance of 20.0 feet to the point of beginning. Containing 6,955 sq.ft. Subject to resldClions,easements,Cv';cnants,ordinances,and limited access provisions of record and not of record. Note: The West line of said Misc-Gook 257 Page 787 is assumed to bear North o0°38'/'West for this desMplion. PROPOSED CONSTRUCTION EASEMENT(Ascension Lutheran Church) That part of the Southwest Quarter(SW 114)of Section No.21,Township No.89 North,Range No.13 West of the Fifth Prinrdpai Meridtan,Waterloo,Black Hawk County,Iowa,described as follows: Beginning at the Soulhwest corner of Tract"A"f n H.Ray Hughes Addition dated 1210911968 recorded in the Black Hawk County Recorder,paint being a set%"rebar with ttcense AM 12; thence North 00°59'West a distance of 20.0 feet; thence South 89°02'West a distance of 347.8 feet; thence North 00'56%'West a dlsiance.of 15.2 feet to a set 1/2"rebar with 9cense#232112; thence Due West a distance of 48.6 feet to the point of beginning; l thence Due West a distance of 41.5 feet to a set 1/2.4 rebar with license#23212; thence South 60°413/.'West a distance of 66.9 feet, thence North 36'5111W West a distance of 78.75 feet; thence Due East a distance of 147.25 feet,- thence eet;thence Due South a distance of 30.15 feet to the point of beginning. Containing 5,455 sq.ft. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not at record. Note: The West line of said Misc.Book 257 Page 787 is assumed to bear Nortel u0"39%West for this description, i PROPOSED STORM SEWER EASEMENT(Ascension Lutheran Church) That part of the Southwest Quarter(SW 114)of Section No.21,Township No.89 North,Range No.13 West of the Fifth Principal McPidlan,Wa!edoo,Black Hawk.County Iowa,described as follows: Beginning at the Southwest corner of Tract"A"in H.Ray Hughes Addition dated 1210911968 recorded In the Black Hawk County Recorder,point being a set%:"rebar with license#23212; thence North 00'59'West a distance of 20.0 feet; thence South 89°02'West a distance of 347.8 feet: thence North 00'56%'West a distance of 15.2 feel to a set%:"rebar with license#23212; thence Due West a distance of 90.11 feet to a set/,'rebar with license#23212; thence South 60°411'/'West a distance of 66.9 feet to the point of beginning; thence South 60°41%'West a distance of 36.25; thence North 11'03'West a dlsiance of 82.15 feet; thence South 36'58%2 East a distance of 78.75 feet to the point of beginning. Containing 1,415 sq.ft. Subject to resirictions,easements,Covenants,ordlnances,and Gmile-d access provisions of record and not of record. Note- The West line of said Misc.Book 257 Page 787 is assumed to hear North 00'38'/:West for this description. �,_ HELLAND ENGINEERING&SURVEYING,LTD. •SET NO.4 RESAR X 24'LONG w1MNCR PLASTIC CAP 0 12 �t� ���Cedo1 aNs lyovra 5061]-M f�35CAL0RIM E-.N/AAS PROD CTy 19-141 DRAWN BY:ODR ,R t319�x86-0181 SHEET 2 OF 2O (MORANGE,R=RED,MEL 1 EASEMENT PLATS OF PART OF SW 114 SEC.21-T89N-R13W WATERLOO,BLACK HAWK COUNTY,IOWA FOR CITY OF WATERLOO 16 Page 168 of 244 CITY OF WATERLOO Council Communication Resolution approving a Contract Termination Agreement with the State of Iowa, and Crystal Distribution Services, Inc., Contract 18-TC-010, for a project that did not commence forward with any State of Iowa incentives, and authorizing the Mayor to execute said document. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Crystal terminate State Backup Material ❑ Crystal HQJC Backup Material Resolution approving a Contract Termination Agreement with the State of SUBJECT: Iowa, and Crustal Distribution Services, Inc., Contract 18-TC-010, for a project that did not commence forward with any State of Iowa incentives, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve resolution Crystal Distribution has done several recent expansions, and for this contract, incentives from the State were originally planned to be utilized, but Summary Statement: as the project commenced, the State incentives did not get used. The termination of this contract will allow Crystal to apply for future incentives and not shown to be in default of a past project agreement. Expenditure Required: NA Source of Funds: NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: NA Background Information: See summary Legal Descriptions: NA Page 169 of 244 CONTRACT TERMINATION AGREEMENT RECIPIENT: Crystal Distribution Services,Inc. CONTRACT NUMBER: 18-TC-010 EFFECTIVE DATE: December 18,2020 THIS AGREEMENT is made by and between the IOWA ECONOMIC DEVELOPMENT AUTHORITY(IEDA or Authority), 1963 Bell Avenue,Suite 200, Des Moines, Iowa 50315,an agency of the State of Iowa,Crystal Distribution Services,Inc.(Recipient), 1656 Sycamore Street, Waterloo, IA 50703 and the City of Waterloo(Community),715 Mulberry St.,Waterloo, IA 50703. Pursuant to the Recipient's request and Article 10.12(a)of the above-referenced Contract, Contract 18-TC-010 is hereby terminated as of the effective date stated above. FOR RE [ENT: _ FOR IEDA: SIGNATURE Deborah V.Durham, Director SIGNATURE /�my ,7-_ � PRINTITYPE NAME,TITLE Date f� rx as Date FOR COMMUNITY: SIGNATURE PRINT/TYPE NAME,TITLE Date Page 170 of 244 ECONOMIC DEVELOPMENT" ASSISTANCE CONTRACT BY CRYSTAL DISTRIBUTION SERVICES, INC., THE CITY OF WATERLOO, IOWA ECONOMIC DEVELOPMENT AUTHORITY CONTRACT NUMBER: 18-TC-010 E E Page 171 of 244 `s x TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: AWARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER;DISBURSEMENT TERMS ARTICLE S: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT;NOTICE AND OPPORTUNITY TO CURE;AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A- Recipient's Financial Assistance Application(on file with IEDA),Application# 18-HQJTC-010 Exhibit B-I High Quality Jobs Program-Tax Credit Special Conditions Conditions Exhibit C- Description of the Project and Award Budget Exhibit D- Job Obligations Exhibit E- Reserved Exhibit F- Reserved Contract#18-TC-010 -2- Fin:Approved 1212014 Page 172 of 244 Economic Development Assistance Contract RECIPIENT: CRYSTAL DISTRIBUTION SERVICES, INC. COMMUNITY: CITY OF WATERLOO CONTRACT NUMBER: 18-TC-010 AWARD DATE: AUGUST 18, 2018 AWARD AMT.—TAX INCENTIVES $136,500 This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 200 East Grand Avenue,Des Moines,IA 50309,and Crystal Distribution Services,Inc.(Recipient), 1656 Sycamore Street,Waterloo,IA 50703 and the City of Waterloo(Community),715 Mulberry St,Waterloo,IA 50703. WHEREAS,the Recipient submitted an application to IEDA requesting assistance in financing its Project as more fully described in Exhibit C,Description of the Project and Award Budget(the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein(collectively,the Award),all of which are subject to the terms and conditions set forth herein;and NOW THEREFORE,in consideration of the mutual promises contained herein and intending to be legally bound,the Recipient,the Community and IEDA agree to the following terms: Contract#19-TC-010 FwiApprovedI212014 Page 173 of 244 ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Completion Date. Through the Project Completion Period and for a reasonable period of time after Project Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which IEDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or Payment Obligation, Until all outstanding amounts due to IEDA,if any,are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d)Contract End Date.Until IEDA has completed Contract closeout procedures and provided Recipient and.Community with written Notice of Final Contract Closeout.This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout.Such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: Affiliate"means any entity to which any of the following applies: a.Directly,indirectly,or constructively controls another entity. b. Is directly,indirectly or constructively controlled by another entity. c. Is subject to the control of a common entity.A common entity is one which owns directly or individually more than ten percent of the voting securities of the entity. "Award"means any and all assistance provided by IEDA for the Project under this Contract. "Award Date"means the date first stated in this Contract and is the date the IEDA Board approved the award of financial assistance to the Recipient for the Project. "Award Funds" means the cash that is provided by IEDA for this Project as Project Completion Assistance,including loans. ` "Base Employment Level" means the number of Full-Time Equivalent positions as established by IEDA and Recipient using Recipient's payroll records,as of the date Recipient applied for Tax Incentives or Project Completion Assistance.The number of jobs Recipient has pledged to create and retain shall be in addition to the Base Employment Level. "Benefits" means nonwage compensation provided to an employee, Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage,vision insurance coverage,and disability insurance coverage. 5 "Brownfield site" means an abandoned, idled, or underutilized property where expansion or redevelopment is complicated by real or perceived environmental contamination.A brownfield site includes property contiguous with the site on which the property is located. A brownfield site does not include f property which has been placed, or is proposed for placement, on the national priorities list established Contract# 18-TC-010 -4- Ait Approved 1212014 Page 174 of 244 S 4 pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 9601 et seq. In order to administer similar programs in a similar manner,the IEDA will attempt to apply this definition in substantially the same way as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294 and may consult members of the council or other staff as necessary. "Contract Effective Date"means the latest date on the signature page of this Contract. "Contract End Date"means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article 1. "Created Job" means a new, permanent, Full-Time Equivalent (FTE) position added to Recipient's payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project Completion Assistance. "Full-Time Equivalent job,""FTE,"or 'full-time"means the employment of one person: 1.For 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave;or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual perforans for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays,vacations,and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. "Grayfield site means a property meeting all of the following requirements: a. The property has been developed and has infrastructure in place, but the property's current use is outdated or prevents a better or more efficient use of the property. Such property includes vacant,blighted, obsolete,or otherwise underutilized property. b. The property's improvements and infrastructure are at least twenty-five years old and one or more of the following conditions exists: IV (1)Thirty percent or more of a building located on the property that is available for occupancy has been vacant or unoccupied for a period of twelve months or more. (2) The assessed value of the improvements on the property has decreased by twenty-five percent or more. (3)The property is currently being used as a parking lot. (4)The improvements on the property no longer exist. c. The Authority will attempt to apply this definition in substantially the same manner as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294. "Job Obligations" means the jobs that must be created or retained as a result of receipt of state or federal financial assistance, Project Completion Assistance, or Tax Incentives from IEDA and that are required to meet the Qualifying Wage Threshold requirements. Recipient's Job Obligations are specified in Exhibit D of this Contract.Jobs that do not meet the Qualifying Wage Threshold requirements shall not be counted toward Recipient's job creation or job retention obligations contained in Exhibit D. The Job Obligations in Exhibit D include Recipient's Base Employment Level and the number of new jobs required to be created above the Base Employment Level. "Laborshed Wage" means the Qualifying Wage Threshold applicable to Recipient's Project as calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this Contract. Contract#18-TC-010 -5- MwApprmred IV2014 Page 175 of 244 } "Loan"means an Award of assistance with the requirement that the Award be repaid with term,interest rate,and other conditions specified as part of the conditions of the Award."Loan"includes deferred loans, forgivable loans,and float loans. A"deferred loan"is one for which the payment for principal, interest,or both,is not required for some specified period.A"forgivable loan"is one for which repayment is eliminated in part or entirely if the borrower satisfies specified conditions.A"float loan"means a short-term loan,not to exceed 30 months,made from obligated but unexpended moneys. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date.The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date"means the date on which the Maintenance Period ends, The specific date on which the Maintenance Period ends is identified in Exhibit D. 'Person"means as defined in Article 6.1(g)of this Contract. ` S "Project"means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C-Description of the Project and Award Budget. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up,location,modernization,or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization,or expansion project. "Project Completion Date" means the date by which the Recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will be a date by which the project must be completed, all incented jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the proj cot completion period ends is identified in Exhibit D. "Project Completion Period" means the period of time between the Award Date and the Project Completion Date. "Qualifying Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold Requirement established to qualify for program funding for the programs providing assistance to this Project. "Qualifying Wage Threshold"means the Laborshed Wage as calculated by IEDA pursuant to statute and rule for each program under which financial assistance or Tax Incentives for this Project are awarded. The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D,Job Obligations. Recipients Employment Base means the number of jobs as stated in Exhibit D—Job Obligations that the Recipient and IEDA have established as the Base Employment Level for this Project. The number of jobs the Recipient has pledged to create shall be in addition to the Recipient's Employment Base. "Retained Job" means an existing job that meets the Qualifying Wage Threshold Requirements and would be eliminated or moved to another state if the Project did not proceed in Iowa. "Sufficient Benefits" means that Recipient offers to each Pull-Time Equivalent permanent position a benefits package that meets one of the following: 1. Recipient pays 80 percent of the premium costs for a standard medical plan for single employee coverage with the maximum deductible specified for this project in Exhibit D; or Contract #I8^TC o10 1''711(A roved 12/2014 - PP Page 176 of 244 E 2. Recipient pays 50 percent of the premium costs for a standard medical plan for employee family coverage with the maximum deductible specified for this project in Exhibit D;or 3.Recipient provides medical coverage and pays the monetary equivalent of paragraph"1"or"2"above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing, disability insurance, and child care services. "Tax Incentives"means the tax credits,refunds,or exemptions IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost"means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3: AWARD TERMS 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: TAX INCENTIVES FORM MAXIMUM AMOUNT High QualityJobs Program Tax Incentives $ 13&,500 TOTAL STATE TAX INCENTIIfES. $ 13b,500 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exhibit(s): Exhibit B-I High Quality Jobs Program—Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS 4.1 Direct State Financial Assistance—Disbursements of Award Funds. (a) Conditions to Disbursement.The obligation of IEDA to disburse funds under this Contract shall be subject to the conditions described in this Article 4. (b) Process to Request Disbursement of Award Funds. Recipient shall prepare, sign and submit disbursement requests and reports as specified in this Contract in the form and content required by IEDA. Recipient shall verify that claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support the claimed costs. (c)Documents Submitted.Funds will not be disbursed until IEDA has received the documents described in section 4.3 below as well as the following additional documents,properly executed and completed and approved by IEDA as to form and substance: 1. Security Documents. The fully executed Security Documents required in Article 5. 2. Promissory Note(s). The Promissory Note(s)required and described in the exhibit(s). is i Contract#18-TC-010 -7- RMI4pproved 1212014 Page 177 of 244 i i 3. Requests for Disbursement. All disbursements of Award Funds shall be subject to receipt by the IEDA of requests for disbursement,in form and content acceptable to IEDA,submitted by the Recipient. All requests shall include documentation of costs that have been paid or costs to be paid immediately upon receipt of Award proceeds. (d)Prior Costs. No expenditures made prior to the Award Date may be included as Project costs.No funds will be disbursed for expenditures prior to the Award Date. (e) Cost Variation. In the event that the actual cost of the Project is less than the Total Project Cost specified in Exhibit C,the Award Funds specified in Article 3.1 shall be reduced at the same ratio as the reduction in the actual cost of the Project bears to the Total Project Cost specified in Exhibit B. Any funds previously disbursed by IEDA in excess of the reduced Award Funds to be provided by IEDA shall be returned to IEDA immediately upon receipt by Recipient of a written request by IEDA for repayment. (f) Investment of Award Funds. 1. In the event that the Award Funds are not immediately utilized,temporarily idle Award Funds held by the Recipient may be invested, provided that such investments shall be in accordance with State law,including but not limited to the provisions of Iowa Code chapter 12C concerning the deposit of public funds. Interest accrued on temporarily idle Award Funds held by the Recipient shall be credited to and expended on the Project prior to the expenditure of other Award Funds, 2. Within ten(10)days of receipt of a written request from IEDA,Recipient shall inform IEDA in writing of the amount of unexpended Award Funds in the Recipient's possession or under the Recipient's control,whether in the form of cash on hand, investments,or otherwise.Recipient shall return to IEDA all unexpended Award Funds remaining,including accrued interest,after all allowable Project costs have been �[ paid or obligated within thirty(30)days after the Project Completion Date. 4.2 Tax Incentives—Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax ` Incentives. i (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein,IEDA will issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing E 1; any claims for Tax Incentives. (c)Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number shall be subject to the conditions precedent described in Article 4. (d)Documents Submitted. IEDA shall have received the documents described in section 4.3,properly executed and completed, and approved by IEDA as to form and substance,prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies of the Articles of Incorporation or the Articles of Organization, whichever is appropriate,of the Recipient,certified in each instance by its secretary or assistant secretary. Contract# 18-TC-010 -8- PW Approved 12/2014 w Page 178 of 244 (c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from x the State of incorporation or organization, whichever is appropriate, and a certificate of authority authorizing the Recipient to conduct business in the state of Iowa,if it is not organized or incorporated in Iowa. (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation or organization, against the Recipient and/or the property serving as the Recipient's security under this Contract, and documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. Such other contracts, instruments, documents, certificates and opinions as IEDA may reasonably request. (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)"b,"if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form--Confidential Tax Information.A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives and other state financial assistance programs. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDA's approval of the documentation.The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings and if any of the following applies: 1.The building or structure is located in a governmental subdivision which has not adopted a local building code;or 2. The building or structure is located in a governmental subdivision which has adopted a building code,but the building code is not enforced; or 3. Bidding for construction shall not be conducted prior to obtaining written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety. 4.4 Suspension,Reduction or Delay of Award.Any one or more of the following shall be grounds for x IEDA to suspend, delay or reduce the amount of disbursement of Award Funds or delay the issuance of a tax credit number or receipt of Tax Incentives: (a) Suspected event of default. If IEDA believes an event of default has occurred, IEDA has the discretion to temporarily suspend or delay disbursement or issuance of the Award Funds or Tax Incentives while the suspected event of default is being investigated or resolved. (b) Unremedied event of default. Upon the occurrence of an Event of Default, as defined in this Contract, by the Recipient, IEDA may suspend payment or issuance of the Award to the Recipient until Contract#18-TC-010 -9- FW Approved 12/2014 Page 179 of 244 i such time as the default has been cured. (c) Layoff, closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa,relocates or closes any of its Iowa facilities IEDA has the discretion to reduce or eliminate some or all of the Award. (d) Reduction, discontinuance or alteration of state funding/programs. Any termination,reduction,or delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the IEDA's control may, in the IEDA's discretion, result in the suspension, reduction or delay of Award Fund or authorization or issuance of Tax Incentives to the Recipient. 4.5 Closing Cost Fee.Upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds,an eligible business shall remit to the Authority a one-time compliance cost fee in the amount of$500. ARTICLE 5: RESERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6A Representations of Reci lent. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation or organization,whichever is appropriate,and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying,except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b)Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract.The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue,execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient,and to perform,or cause to be performed,each and all of the obligations under the Contract. The Contract delivered by the Recipient has been duly authorized,executed and delivered by the Recipient and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient,nor does this Contract contravene or constitute a default under any covenant,indenture or contract of or affecting the Recipient or any of its properties. (c) Affiliates. The Recipient has no Affiliates involved with the Project on the Contract Effective Date. (d) Financial Reports. The balance sheet of the Recipient furnished to IEDA fairly presents its financial condition as of said date and is in conformity with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has no contingent liabilities which are material to it,other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. Contract#1 I8-TC-010 -10- rmfApproved 1212014 Page 180 of 244 z (e) No Material Adverse Change. Since the Award Date,there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient,financial or otherwise,or the prospects of the Recipient. V S (f) Full Disclosure; Recipient's Financial Assistance Application. The statements and other s information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the 1EDA,the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. The Recipient owns, possesses, or has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without known conflict with any patent, license, franchise,trademark,trade name,trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization,including a government or agency or political subdivision thereof. (h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals of all Federal, state, local,and foreign governmental authorities, if any,necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or,to the knowledge of the Recipient,threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending,nor to the knowledge of the Recipient,threatened,against the Recipient which, if adversely determined would result in any material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. E (j} Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its property involved with the Project including,without limitation,the Secured Property if real property is a security for this Contract reflected on the most recent balance sheets furnished to the IEDA, except for sales of assets in the ordinary course of business. (k) Taxes. All tax returns the Recipient is required to file in any jurisdiction have,in fact,been filed, and all taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments,fees and governmental charges,if any, which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP have been provided. The Recipient knows of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP have not been made on its accounts. Adequate provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. (1) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract of or affecting the Recipient's business or any of its properties, which default, if uncured,would have a material adverse effect on its financial condition, properties,business or operations. Contract ff 18-TC-0 10 ^11 - FiwApproved 12/2014 i Page 181 of 244 (m) No Event of Default. No Event of Default,as defined in Article 9,has occurred or is continuing. s r (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal,state and local laws,rules and regulations applicable to or pertaining to the business operations of the Recipient E and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the I financial condition, properties, business or operations of the Recipient. The Recipient has not received x notice that its operations are not in compliance with any of the requirements of applicable federal,state or local environmental or health and safety statutes and regulations or are the subject of any governmental n investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment,which non-compliance or remedial action could have a material adverse effect on the financial condition, properties,business or operations of the Recipient. (o)Effective Date of Representations and Warranties.The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient , at the time each request for disbursement of Award Funds is submitted to IEDA or each time Tax Incentives are claimed by the Recipient. 6.2 Representations of Community. (a)Local Approvals Received;Authority and Validity of Obligations.The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: is 1. Sign this Contract,and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized,executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction,order or decree binding upon the Community or contravene or constitute a default under any covenant,indenture or contract of or affecting the Community or any of itsro erties. p p (b) Local Commitment. The Community represents that there are legally enforceable commitments in place for the Community local commitment identified for the Project in Exhibit C -Description of the Project and Award Budget. f: (c) No Material Adverse Change. Since the Award Date,there has been no material adverse change in the Community's ability to perform its obligations under this Contract. u is (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that,as to any projections furnished to the IEDA,the Community only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals of all federal,state,local, and foreign governmental authorities, if any, necessary to perform its obligations under this Contract. No investigation or proceeding which, if adversely determined, could F. Contract#18-TC-010 -12- FMI Approved 1212014 x s I' Page 182 of 244 i reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or,to the knowledge of the Community,threatened. (f) Litigation and Other Controversies.There is no litigation or governmental proceeding pending,nor to the knowledge of the Community, threatened, against the Community which, if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract,nor is the Community aware of any existing basis for any such litigation or governmental proceeding. (g) No Event of Default. No Event of Default by the Community,as defined in Article 9,has occurred or is continuing. r:. (h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state and local laws,rules and regulations applicable to or pertaining to the operations of the Community and laws and regulations establishing quality criteria and standards for air, water, land and toxic or t hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. The Community has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment,which non-compliance or remedial action could have a material adverse effect on the financial condition, properties,business or operations of the Community f in relation to the Community's ability to perform its obligations under this contract. (i)Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date. ARTICLE 7; COVENANTS OF THE RECIPIENT For the duration of this Contract,the Recipient covenants to IEDA as follows: 7.1 Proiect Performance_Obligations. (a) Use award Funds only for Project. The Recipient shall use the Award Funds only for the Project and for the activities described in Exhibit C Description of the Project and Award Budget and this Contract. Use of the Award Funds shall conform to the Budget for the Project as detailed in Exhibit C-Description of the Project and Award Budget.The Recipient represents that there are legally enforceable commitments in place from the funding sources identified for the Project in Exhibit C -Description of the Project and Award Budget. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period. This Contract covers the Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: 3 i Contract#1$-TC-010 - 13- Mw Approved 120014 Page 183 of 244 I i! COMPLIANCE COMPLIANCE MEASUREMENT MEASUREMENT POINT POINT 'f Award Project Project Maintenance Maintenance period:. Contract Date - Completion Completion Date Period Completion Date Closeout Period "Award Date"is "Project "Project "Maintenance "Maintenance Period IEDA will conduct the date first Completion Completion Date"is Period"is the Completion Date"is Contract Closeout stated in this Period"is the the date defined in period of time the date defined in procedures atter all Contract and is period of time Exhibit D by which between the Exhibit D on which events described in the date the between the Award the Recipient must Project the Maintenance Article 1 have been IEDA Board Date and the complete the Completion Period ends. met, approved the Project Completion Project. Date and the awarding of Date. Maintenance At this point,IEDA "Contract End Date" f financial At this point,IEDA Period will review the Project is the date stated in ,. assistance to the will review the Completion to verify that it was IEDA's written Recipient for the Project to verify Date.The maintained in Notice of Final Project must be compliance with Contract Closeout Project. compliance with Contract terms and maintained in Contract terms and that is issued obligations. Iowa for this obligations. pursuant to Article I. period of time. 3 (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project,make the total investment it pledged for the Project and in accordance with the Award Budget as detailed in Exhibit C-Description of the Project and Award Budget, and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date,Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C-Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and effect all licenses, permits, franchises, approvals,patents,trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. ' 7.2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. i (b) Maintain Insurance.The Recipient shall insure and keep insured in good and responsible insurance companies all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards and risks, including employers' and public liability risks in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Recipient will, upon request of IEDA, furnish a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Article. Contract#18-TC-010 -14- Fin tApprured 1212014 Page 184 of 244 3 3 7.3 Preserve Project and Protect Security. (a) Maintenance of Properties.The Recipient shall maintain, preserve and keep its properties in good repair,working order and condition, ordinary wear and tear excepted,and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices. e (b) Restrictions on Security. If Security is required pursuant to Article 5 of this Contract,the Recipient shall not, without prior written disclosure to IEDA and prior written consent of IEDA,which shall not be 4 unreasonably withheld,directly or indirectly: i' 1. Sell,transfer,convey,assign,encumber or otherwise dispose of any of the Secured Property for this Project, 2. Place or permit any restrictions,covenants or any similar limitations on the Secured Property or in the Security Documents for the Project. 3. Remove from the Project site or the State all or any part of the Secured Property. 4. Create,incur or permit to exist any lien of any kind on the Secured Property. 7.4 Recipient Changes. (a) No Changes in Recipient Operations, The Recipient shall not materially change the Project or the nature of the business and activities being conducted or proposed to be conducted by Recipient,as described in the Recipient's approved Financial Assistance Application,Exhibit A of this Contract,unless approved in writing by IEDA prior to the change. (b) Changes in Recipient Ownership,Structure and Control. The Recipient shall not materially change the ownership,structure,or control of the business if it would adversely affect the Project. This includes, but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership,structure or control.The materiality of the change and whether the change adversely affects the Project shall be as reasonably determined by IEDA. 7.5 Re uired Reports. (a)Review of Reports. The Recipient shall prepare,sign and submit required reports,in the form and content required by IEDA,as specified in this Contract. r (b)Reports. The Recipient shall prepare,sign and submit the following reports to the IEDA throughout the Contract period: Report Due Date Annual Project Status Repo The Annual Project Status Report will collect July 31St for the period ending June 30th information from the Recipient about the status x of the Project. Contract#18-TC-010 -15- Fine Approved 1212014 z `n 4 Page 185 of 244 1 3 i End of Project Report The End of Project Report will collect Within 30 days of Project Completion Date information from the Recipient about the completed Project. End of Maintenance Period Report The End of Maintenance Period Report will Within 30 days of the end of the Maintenance collect information from the Recipient's Period Completion Date continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance,or if necessary in order to meet requests from the Iowa General Assembly,the Department of Management or the Governor's office.At the request of IEDA,Recipient shall submit its annual financial statements completed by an independent CPA, or other financial statements including, but not limited to, income, expense, and retained earnings statements. 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal,state and local laws,rules,regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental,hazardous waste or substance,toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state,and local laws,rules,ordinances,regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all :material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State. In addition to any and all other applicable penalties provided by current law, all or a portion of the Award is subject to recapture by IEDA if Recipient is found to employ individuals not legally authorized to work in the State of Iowa. (f) Compliance with IEDA's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs under which assistance is provided to the Project and rules governing administration of this Contract. 7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized representatives,at such reasonable times and reasonable intervals as the IEDA may designate,to; (a) Conduct site visits and inspect the Project. Contract#1$-TC-010 -16- FndApproved 1212014 Page 186 of 244 i z (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs,finances and accounts of the Recipient with, and to be advised as to the same by, its officers, and independent public accountants. By this provision, the Recipient authorizes such accountants to discuss with the IEDA and the IEDA's duly authorized representatives the finances and affairs of the Recipient. 7.8 Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books,records and all other evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by IEDA. (b) Access to Records. Records to verify compliance with the terms of this Contract shall be available at all times, and made available to IEDA and its designees at places and times designated by IEDA,for the duration of this Contract and any extensions thereof.Recipient shall make its records available to; (i)IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa; (v)the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period. Recipient shall retain the records for a period of three(3)years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding.In those instances,the records shall be retained until the audit,investigation or proceeding has been resolved. 7.9 Required Notices from Recipient to IEDA. (a) Notice of Major Changes. Recipient shall provide IEDA with written notice within thirty(30)days of the occurrence of: (a)any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract; (b)the termination of the business conducted at the Proj ect;(c)a material modification of the nature of the business conducted at the Proj ect;and(d)the transfer of the Project or any material interest in the Project in connection with financing or refinancing the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA with written notice within ten(10)days of the occurrence of any claims,lawsuits,bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. 7.10 Indemnification. The Recipient shall indemnify, defend and hold harmless the IEDA; the State of Iowa; its departments,divisions, agencies, sections, commissions, officers,employees and agents from and against all losses,liabilities,penalties,fines,damages and claims,including taxes,and all related costs and expenses,including reasonable attorneys'fees and disbursements and costs of investigation,litigation, settlement,judgments, interest and penalties,arising from or in connection with any of the following: (a) Any claim,demand,action,citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation,warranty or covenant made by the Recipient in this Contract; Contract#18-TC-010 -17- Fw Appraved 12/2014 Page 187 of 244 } 'l (c) Any claim,demand,action,citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract;and (d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of its agents in its or their capacity as an employer of a person. i 7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. 7.12 On oin Fees Based on Claims.For the duration of this Contract and for as long as Recipient claims or applies for benefits against its Iowa tax liability under this Contract,Recipient shall remit to the Authority a compliance cost fee equal to one-half of 1 percent of the value of the Tax Incentives claimed pursuant to this Contract.The fee shall be due and payable upon filing the Recipient's annual tax return for each tax year in which the Recipient claims Tax Incentives under this Contract. ARTICLE 8: COVENANTS OF THE COMMUNITY For the duration of this Contract,the Community covenants to IEDA as follows: 8.1 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C,Project Description and Award Budget. 8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's y ownership, structure or operation, or any other similar occurrence,the Community shall promptly provide written notice to IEDA. ARTICLE 9: DEFAULTS AND REMEDIES i 9.1 Default by Reci ient.An unremedied Event of Default may result in termination of this Contract and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax Incentives actually received,plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default"under this Contract: 1. Nonpayment. Failure to make a payment when due of any Loan or other payment required by this Contract whether by lapse of time,acceleration or otherwise;or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set forth in Article 7,for more than twenty(20)business days; or 3. Noncompliance with Security Documents. Default in the observance or performance of any term of any Security Document if required in Article S beyond any applicable grace period set forth therein; or 4. Noncompliance with Contract. Default in the observance or performance of any other provision of this Contract;or S. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract# 18-TC-010 -18- Fint Approved 12/1014 Page 188 of 244 s Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application,or in connection with any of the above,proves untrue in any material respect as of the date of the issuance or making thereof;or 6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by Recipient to secure this Contract fails for any reason to create a valid and perfected priority security interest in favor of the IEDA; or is 7. Judgment. Any judgment or judgments,writ or writs or warrant or warrants of attachment,or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated,unbonded or unstayed for a period of 30 days which materially and adversely affects Recipient's ability to perform its obligations under this Contract; or 8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay,or admit in writing its inability to pay,its debts generally as they become due,(iii)make an assignment for the benefit of creditors,(iv)apply for, seek, consent to,or acquiesce in,the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) commence any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation, in reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it,or(vi)fail to contest in good faith any appointments or proceeding described below;or 10. Appointment of Officials. A custodian,receiver,trustee,examiner,liquidator or similar official is appointed for either the Recipient or any substantial part of any of its respective property,or a proceeding described above is commenced against the Recipient and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of sixty(60)days;or ' 11. Insecurity. IEDA in good faith deems itself insecure and reasonably believes, after consideration of all the facts and circumstances then existing,that the prospect of payment and satisfaction of the obligations under this Contract,or the performance of or observance of the covenants in this Contract, is or will be materially impaired;or i. 12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the !' required due dates as outlined in Article 7;or 13. Layoffs,Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates or closes any of its facilities within the state of Iowa;or 14. Hiring workers not authorized to work in state. The Recipient fails to only employ only individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa then, in addition to any and all other applicable penalties provided by current law, all or a portion of the assistance received is subject to repayment;or 15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory eligibility requirement for a program providing assistance under this Contract. Contract#18-TC-010 -19- FWApproredl2/2014 Page 189 of 244 i (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event F of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time,which shall not be fewer than thirty(30)days from the date of the Notice of Default,during which the Recipient shall have an opportunity to cure,provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period,IEDA may,after written notice to Recipient; is 1. Terminate this Contract. 2. Suspend or reduce pending and future disbursements. 3. Declare immediately due and payable without further demand, presentment,protest or notice of any kind the principal and any accrued interest on any outstanding Promissory Notes issued pursuant to this Contract, including both principal and interest and all fees, charges and other amounts payable under is this Contract. 4. Require repayment of all or a portion of Award Funds disbursed. i 5. Revoke or reduce authorized Tax Incentives. 6. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (e) Default Interest Rate. If an Event of Default occurs and remains uncured,a default interest rate of 6%shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Award Funds are disbursed or Tax Incentives are received. (f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA,including reasonable attorneys' fees and court costs,in connection with any Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Community. An unremedied Event of Default may result in termination of this on of the pledged local match,plus applicable default Contract and repayment by Community of all or a porti interest and costs. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community"under this Contract: 1. Noncompliance with Covenants.Default in the observance or performance of any covenants of the Community set forth in Article 8,for more than five(5)business days;or 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract or in any statement or certificate furnished by it pursuant to this Contract,or made by Community in Exhibit A,Recipient's Financial Assistance Application,or in connection with any of the above,proves untrue in any material respect as of the date of the issuance or making thereof. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract,IEDA shall issue a written Notice of Default to the Community setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable Contract#18-TC-010 -20- FinfApproved 1212014 Page 190 of 244 1 period of time,which shall not be fewer than thirty(30)days from the date of the Notice of Default,during which the Community shall have an opportunity to cure,provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period,IEDA may,after written notice to Community: s 1. Suspend or reduce pending and future disbursements to Community. 2. Require payment by Community of the amount of local financial assistance pledged to the Project but not provided. (d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by ' IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: MISCELLANEOUS. 10.1 Choice of Law and Forum; Governing Law. (a) In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Contract,the proceeding shall be brought in Des Moines,Iowa, in Polk County District Court for the State of Iowa, if such court has jurisdiction. If,such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa,Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability,in state or federal court,which may be available to the IEDA,the State of Iowa or its members,officers,employees or agents. (c)This Contract and the rights and duties of the parties hereto shall be governed by,and construed in accordance with,the internal laws of the State of Iowa without regard to principles of conflicts of laws. 1.0.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract,may be changed,waived,discharged or terminated orally,except as provided below: (a) Writing required. The Contract may only be amended if done so in writing and signed by all the parties. Examples of situations requiring an amendment include, but are not limited to,time extensions, budget revisions,and significant alterations of existing activities or beneficiaries. (b)IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA's rules and procedures applicable to contract amendments. 10.3 Notices.Except as otherwise specified herein, all notices hereunder shall be in writing,including, without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other parties provided by United States mail,by fax or by other telecommunication device capable of creating a written record of such notice and its receipt. Notices hereunder shall be addressed: Contract#18-TC-010 -21 - Finf Approved 1212014 Page 191 of 244 To the Recipient at: Crystal Distribution Services,Inc. Tom Poe 1656 Sycamore St. Waterloo,IA 50703 E-mail: tpoe@crystaldist.com Telephone: 319.274.4550 Facsimile: 319.233.9464 To the IEDA at: Iowa Economic Development Authority Compliance 200 East Grand Avenue Des Moines,Iowa 50309 Attention:Business Development-Compliance E-mail: Compliance@iowaeda.com Telephone: 515.725.3000 Facsimile: 515.725.3010 To the Community at: City of Waterloo Mayor Quentin Hart 715 Mulberry Street Waterloo,IA 50703 E-mail• mayor@waterloo-ia,org Telephone-, 319.291.4301 Facsimile. 319.291.4286 Each such notice, request or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in this Article and a confirmation of such facsimile has been received by the sender,(ii)if given by e-mail,when such e-mail is transmitted to the e-mail address specified in this Article and a confirmation of such e-mail has been received by the sender,(iii)if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested,addressed as aforesaid or(iv)if given by any other means,when delivered at the,addresses specified in this Article. 10.4 Headings•Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A, Iowa Administrative Procedure Act. 10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. 10.7 Counterparts.This Contract may be executed in any number of counterparts,each of which shall Contract 18-TC-010 -22- P)nt Approved 1212014 Page 192 of 244 be deemed to be an Original,but all of which together shall constitute but one and the same instrument. 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Contract and the other Contract documents and shall continue in full force and effect with respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and IEDA and their respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their successors and assigns. 10.11 Nonassi nment. This Contract shall not be assigned, in whole or in part, by Recipient unless approved in writing by IEDA. 10.12 Termination. This Contract can be terminated under any of the following circumstances: (a) Agreement of the Parties. Upon written agreement of the Recipient,the Community and IEDA. (b) Unremedied Event of Default. Asa result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. (c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding to IEDA as provided in Article 4.4(c). 10.13 Documents Incorporated by Reference.The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A- Recipient's Financial Assistance Application(on file with IEDA), Application# 1 S-HQJTC-010 2. Exhibit B-I High-Quality Jobs Program---Tax Credit Component Special Conditions 3. Exhibit C- Description of the Project and Award Budget 4. Exhibit D- Job Obligations 5. Exhibit E- Reserved ti. Exhibit F- Reserved 10.14 Order of Priority, In the case of any inconsistency or conflict between the specific provisions of this document and the exhibits,the following order of priority shall control: Contract##18-TC-010 -23- F)nt Approved 1212014 Page 193 of 244 1. Article I - 10 of this Contract. 2. Exhibit A- Recipient's Financial Assistance Application(on file with IEDA), Application# 18-HQJTC-0 10 3, Exhibit B-1 High-Quality Jobs Program—Tax Credit Component Special Conditions 4. Exhibit C- Description of the Project and Award Budget 5. Exhibit D- Job Obligations 6. Exhibit R- Reserved 7. Exhibit F- Reserved 10.15 Intearation. This Contract contains the entire understanding between the Parties relating to the Project and any representations that may have been made before or after signing this Contract,which are not contained herein,are nonbinding,void and of no effect.None of the Parties has relied on any such prior representation in entering into this Contract. -This space intentionally left blank, signature page follows- Contract#18-TC-010 -24- Fini Approved 1212014 Page 194 of 244 i I IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR IEDA: FOR RECIPIENT: BY: BY: A. Deborah V.Durham,Director ature Typed Name and Title q�a,-)I - Date Date FOR THE COMMUNITY: BY: y� Signature Typed Name and 44tle �0/v/(-7 Date Contract#18-TC-010 -25- n,rrnpprovea 1212014 Page 195 of 244 LIST OF EXHIBITS Exhibit A - Recipient's Financial Assistance Application(on file with IEDA),Application# 18- HQJTC-010 Exhibit B-I High Quality Jobs Program—Tax Credit Component Special Conditions Exhibit C- Description of the Project and Award Budget Exhibit D- Job Obligations Exhibit E- Reserved Exhibit F- Reserved Contract4 18-TC-010 -26- nw Approved 121.1014 Page 196 of 244 4 s EXHIBIT B—I High Quality Jobs Program.—Tax Credit Component Special Conditions to Contract# 18-TC-010 The following additional terms shall apply to the Contract: SECTION l: ADDITIONAL DEFINITIONS. The following additional terms are defined in this Contract as follows: "Capital Investment" means the investment spent on depreciable assets. The minimum Capital Investment required for this Project is as stated in Section 2 of this Exhibit. The allowable categories of expenditures for purposes of calculating Capital Investment are described in IEDA's administrative rule 261 IAC 174.10. "Investment Qualifying for the Tax Credit"means new investment directly related to jobs created or retained by the start-up,location,expansion or modernization for this Project. "Qualifying Investment"means the statutorily-required minimum investment amount that must be made and maintained by the Recipient to receive High Quality Jobs Program Tax Incentives for this Project.This amount is as stated in Section 2 of this Exhibit. Not all expenditures count toward meeting the required Qualifying Investment. The categories of expenditures that can be included for purposes of meeting and maintaining statutorily-required investment requirements are described in 261 IAC 174.10. "Economically Distressed Area"means a county that ranks among the bottom 33 of all Iowa counties, as measured by either the average monthly unemployment level for the most recent 12-month period or the average annualized unemployment level for the most recent five-year period. SECTION 2: TERMS AND CONDITIONS OF THE AWARD 2.1 Award. The Recipient is awarded the following Tax Incentives through the High Quality Jobs Program,based on the minimum investment requirements described herein: $136,500. 2.2 Minimum Investment Requirements. As a condition of receiving Tax Incentives,the Recipient shall meet the following minimum investment requirements: (a) Capital Investment. $5,500,000 (b) Qualifying Investment. $5,500,000 (c) Investment Qualifying for Tax Credits. $5,500,000 2.3 Additional Tax Incentives. The Recipient is eligible for additional incentives pursuant to Iowa Code section 15.326, et. seq, The following Tax Incentives, in the maximum amounts shown for each authorized incentive, are also available to the Recipient: i Contract#18-TC-010 Exhibit B-1,Page 1 Fint approved 12/2014 Page 197 of 244 t 1 Authorized Incentives Included in Award Maximum Amt. Refund of Sales, Service, and Use Taxes. ® Yes $ 136,500 ❑ No Refund of Sales Taxes Attributable to Racks, Shelving, ❑ yes $0 and Conveyor Equipment. ® No Corporate Tax Credit For Certain Sales Taxes Paid ❑ yes $0 By Third Party Developer. ® No Investment Tax Credit ❑ Yes $0 ® No Research Activities Credit. E] Yes $ ® No Local Property Tax Exemption Provided by ❑ yes $0 Community ® No 2.4 Conditions for Authorized Incentives. The Recipient is responsible to seek these additional incentives through processes described in the applicable statutes and corresponding administrative rules, ordinances and procedures. The following conditions shall apply to the incentives described in section 2.3 of this Exhibit. (a)Refund Of Sales, Service And Use Taxes Paid To Contractors Or Subcontractors. The Recipient is eligible for a refund of sales, service and use taxes paid to contractors and subcontractors as authorized in Iowa Code section 15.331A(2011 Supplement). I. The Recipient may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas,electricity,water or sewer utility services,goods,wares,or merchandise,or on services rendered,furnished,or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the Recipient. t, 2. Taxes attributable to intangible property and furniture and furnishings shall not be refunded. 3. To receive a refund of the sales,service and use taxes paid to contractors or subcontractors, the Recipient must: i. Inform the Iowa Department of Revenue(IDR)in writing within two weeks of project completion. For purposes of claiming this refund, "project completion" means the first date upon which the average annualized production of finished product for the preceding ninety-day period at the manufacturing facility operated by the Recipient is at least fifty percent of the initial design capacity of the facility. ii. Make an application to IDR within one year after Project Completion,as defined in sub-paragraph i above. (b) Reserved. Contract#18-TC-010 Exhibit B-1,Page 2 Fint Approved 1212014 Page 198 of 244 F (c) Reserved. (d) Reserved, (e) Reserved. (f) Reserved. SECTION 3: ADDITIONAL COVENANTS In addition to the Covenants described in Article 7 of the Contract, the Recipient shall be bound to the additional covenants: 3.1 Job Oblizations. By the Project Completion Date, the Recipient shall create and/or retain the number of FTE Created Jobs and Retained Jobs included in,for Retained Jobs,and above,for Created Jobs, the Recipient's Base Employment Level,as detailed in Exhibit D—Job Obligations,and maintain the jobs through the Maintenance Period. 3.2 Wage Obligations. The Qualifying Wage Threshold rates specific to this Contract that must be met are stated in Exhibit D,Job Obligations. By the Proj ect Completion Date and through the Maintenance Completion Period Date,the Recipient shall: (a) For Projects in Economically Distressed Areas or at a designated Grayfield Site, the Qualifying Wage Threshold requirement applicable to all phases of the Project is 100%of the Qualifying Wage Threshold. (b) For Projects at a designated Brownfield Site,the Qualifying Wage Threshold requirement applicable to all phases of the Project is 90%of the Qualifying Wage Threshold. (c) For all other Projects: 1.For the Created Jobs,pay 100%of the Qualifying Wage Threshold at the start of the Project Completion Period,at least 120%of the Qualifying Wage Threshold by the Project Completion Date, and at least 120%of the Qualifying Wage Threshold until the Maintenance Period Completion Date. 2,For the Retained Jobs,pay at least 120%of the Qualifying Wage Threshold throughout both the Project Completion Period and the Maintenance Period. 3.3 Provide Sufficient Benefits. The Recipient shall provide Sufficient Benefits to all employees included as part of the job and wage obligations. SECTION 4: ADDITIONAL DEFAULT PROVISIONS In addition to the default provisions included in Article 9 of the Contract,the following default provisions shall apply: 4.1 Rea meat of Tax Incentives Received-High Quality Jobs Program. IDR is the state agency ives received in violation of the terms of this Contract. responsible for collecting the value of any Tax Incent The Community is the party responsible for collecting the value of the local tax incentives received in violation of this Contract,IEDA will determine if the Recipient has met the terms of this Contract.If there is an unremedied Event of Default, IEDA will provide written notice to IDR and the Community. Contract#18-TC-010 Exhibit B-1,Page 3 Fna Approved 1212014 Page 199 of 244 f Calculation of the amount owed may be based on a sliding scale in certain circumstances and may include interest assessed by IDR. Those circumstances are as follows: (a)Failure to Meet Job Obligations by Project Completion Date. If the Recipient does not meet its Job Obligations as detailed in Exhibit D,Job Obligations by the Project Completion Date,the repayment amount shall be the same proportion as the amount of the shortfall in created jobs.For example,if the business creates 50 percent of the jobs required,the business shall repay 50 percent of the incentives received. Upon repayment of the amount due,IEDA will reduce the Recipient's Job Obligations.The reduced Job Obligations must be maintained through the Maintenance Period Completion Date, (b) Job shortfall at Maintenance Period Completion Date. If the Recipient does not maintain its adjusted Job Obligations through the Maintenance Period Completion Date, Recipient shall repay an additional percentage of the Tax Incentives it has received. The amount to be repaid will be calculated as described in subsection(a)above. (c) Qualifying Investment. If the Business does not meet its Qualifying Investment requirement as defined in Section 2 of this Exhibit,the repayment amount shall be the same proportion as the amount of the shortfall in required Qualifying Investment.For example,if the business meets 75 percent of the amount of required capital investment,the business shall repay 25 percent of the amount of the incentives received. (d)Less than Total Project Cost at Project Completion Date. If the Recipient does not complete the Project with a Total Project Cost as stated in Exhibit C, Project Description and Award Budget, by the Project Completion Date Recipient shall repay a portion of the Tax Incentives received. j For example, if the Recipient's required Total Project Cost is 10% less than pledged, 10%of the value of the Tax Incentives received,plus any interest assessed by IDR,must be repaid. E (e)Repayment Amount If Shortfall in Job Obligations,Qualifying Investment and/or Less Than Total E Project Cost. If the Recipient experiences a shortfall in two or more of its requirements related to Job Obligations,Qualifying Investment,or the Total Project Cost,IEDA will calculate the percentage owed for the Recipient's failure to meet each of the requirements.The higher of these amounts shall be the amount Recipient shall repay to IDR. (f) selling, Disposing, or Razing of Property. If, within five years of purchase, the Recipient sells, disposes of, razes, or otherwise renders unusable all or a part of the land, building, or other existing structures for which an investment tax credit was claimed,the income tax liability of the Recipient for the year in which all or part of the property is sold,disposed of,razed,or otherwise rendered unusable shall be increased by one of the following amounts,plus any interest assessed by IDR: 1. 100% of the tax credit claimed if the property ceases to be approved for the tax credit within one full year after being placed in service. 2. 80%of the tax credit claimed if the property ceases to be approved for the tax credit within two full years after being placed in service. 3. 60% of the tax credit claimed if the property ceases to be approved for the tax credit within three full years after being placed in service. 4. 40% of the tax credit claimed if the property ceases to be approved for the tax credit within Contract#18-TC-010 Exhibit B-1,Page 4 Fine Approved 12/2014 Page 200 of 244 I f. four full years after being placed in service. 5.20%of the tax credit claimed if the property ceases to be approved for the tax credit within five full years after being placed in service. is End of Exhibit B— 1 - is Contract#19-TC-010 Exhibit B-1,Page 5 Fint Approved 1212014 Page 201 of 244 3 t i DESCRIPTION OF THE PROJECT AND AWARD BUDGET (EXHIBIT C) Name of Recipient: Crystal Distribution Services,Inc. i r l r Name of Community: CltV of Waterloo Contract Number: 18-TC-010 l s PROJECT DESCRIPTION Crystal Distribution Services,Inc.will construct a new 50,000 s.f.freezer space and demolish and repurpose the site of the existing facility. 'AWARD BUDGET. SOURCE OF FUNDS AMOUNT FORM USE OF FUNDS COST IEDA Programs *Land Acquisition v HQJP Tax Credit 'See Below *Site Preparation $500,000 *Building Acquisition City of Waterloo $640,000 *Building Construction $4,050,000 Bank $3,360,000 10 yr @ 5.125% *Building Remodeling SBA $1,500,000 20 yr @ 4.8% Lease Payments *Mfg Machinery and Equipment $900,000 Other Machinery and Equipment Racking,Shelving,etc. *Computer Hardware $50,000 I Computer Software *Furniture and Fixtures Working Capital Research and Development Job Training s^, *Included as capital investment if awarded tax credit program Totat: $5;500;000 Ta#af . $5,5o0,aaa 1$136,500 estimated benefit value OTHER.FUNDING: . SOURCE OF FUNDS TOTAL AMOUNT FORM/TERM USED AS MATCH TIF Rebate $1,300,000 YES Tax Abatement 260E Job Training In-Kind Contributions RISE I RED Other 3 l Page 202 of 244 i S s F T } EXHIBIT D—JOB OBLIGATIONS Recipient: Crystal Distribution Services,Inc. b Community: City of Waterloo Contract Number: 18-TC-010 r This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program(HQJP) —Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the"Employment Base"column has been verified by IEDA and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the"Jobs To Be Created"column outlines the new full-time jobs(including their wage characteristics)that must be added to the employment base and,if applicable,statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date,the Recipient must achieve,at a minimum,the numbers found in the"Total Job Obligations"column. ' x ' �'�1iWJp�JD13 OBLlGAT1g1�1S, f Y Employment ; �� �, J�obs ;� s �gta1� , Prosect Cpmpletion Data r s August 31 2020 y, Base To�e Creatett� xob Total employment at project location 58 1 59 Average wage of total employment at project location $17.22 Qualifying 1_aborshed Wage threshold requirement(per hr) $17.29 r "� t , r�- ..,.`. . ,, _ ..:,,, -r'✓,'?d- ..moi,..:'.""` i ','.`_ - ..r., 777 Number of jobs at or above qualifying wage 17 1 18 Average Wage of jobs at or above qualifying wage $28.42 . .. Notes re:Job Obligations 1. When determining the number of jobs at or above the qualifying wage,wages will include only the regular hourly rate that serves as the base level of compensation.The wage will not include nonregular forms of compensation such as bonuses,unusual overtime pay,commissions,stock options,pension,retirement or death benefits,unemployment benefits or other insurance,or other fringe benefits. 2. Employment Base includes 0"Retained Jobs". If the Recipient uses or proposes to use a non-standard work week(8 hours a day,5 days a week,52 weeks a year including holidays,vacation and other paid leave),check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2. If the box is not checked or if no alternative schedule is provided,IEDA will consider"Full-time Equivalent(FTE)Job"to mean the employment of one person for 8 hours per day for a 5-day,40- hour workweek for 52 weeks per year,including paid holidays,vacations and other paid leave. s D The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows,(description]. i i Sufficient Benefits Deductible Requirements Recipient shall provide Sufficient Benefits with a maximum deductible of $2,250 for single coverage or $4,500 for family coverage. 5 Page 203 of 244 5 A Crystal Distribution Services, Inc. Contract #18-TC-010 'I DOCUMENTS NEEDED FOR PROCESSING REQUESTS FOR RECEIPT OF TAX CREDIT BENEFITS Contract Documents Article 4: Received Responsibility of: ❑ Fully executed Contract [§4.3(a)] Recipient, IEDA ❑ Certified copy of the Company's Articles of Incorporation. [§4.3(b)] Recipient ❑ Certificate of Corporate Existence/Corporate Authority from the Iowa Secretary of Recipient State [§4.3(c)] ❑ Results of Lien and Tax Search and Documentation of Satisfactory Credit History IEDA [§4.3(d)] ❑ Solid and Hazardous Waste Reduction Plan.To comply with Iowa Code section Recipient 15A.l(3)"b". (If the company doesn't have hazardous waste,they'll still have solid,Le.wastepaper. They need to either use one of the contacts provided with the award letter, or provide in-house audit results or proposal ofan in-house audit). [§4.3(f)] ❑ Signed Authorization for Release of Confidential State Tax Information form Recipient [§4.3(g)] ❑ Project Financial Commitments with a letter from each funding source to include Recipient amount,rate and terms [§4.3(g)] ❑ City of Waterloo:$610,000 ❑ Bank:$3,360,000 10 yr @5.125% ❑ SBA:$1,500,000 20yr @ 4.8% ❑ State Building Code Bureau Approval [§4,3(i)] if applicable Recipient ❑ Closing Cost Fee [§4.5] Recipient "Other"Documents: ❑ W_9 form Recipient ❑ Other NOTE: Once all documents have been received by your project manager,the business will be issued a tax credit number which the Iowa Department of Revenue is now requiring for all tax credits claimed. IEDA USE ONLY I certify all original signed contract documents have been received and appropriate documentation supporting this tax credit number has been reviewed and approved. Project Manager Date Teatn Leader Date i Page 204 of 244 i Sales and Use Tax Refunds F for Iowa Economic Development Tax Credit Programs: Enterprise Zone, High Quality Jobs, and Workforce Housing Tax Incentive Program Q: Our business is participating in a tax credit program, and we were charged sales/use tax during the construction phase of our project. How do we receive a refund for the sales/use tax? A: To file a claim for a refund of sales/use taxes in Iowa, please use the correct forms, which can be found on the Iowa Department of Revenue (IDR)website at https://tax.iowa.,oc ov/form- x search?form que =sales+tax&form search submit=Find You will also need to provide your Tax Credit Certificate Number to claim any tax credits or receive refunds. Q: We also paid local option sales tax. May we file a refund claim for that? A: No, local option sales taxes are not eligible for refund under a tax credit program. Q: Is there a deadline to file a refund claim? A: Yes, there are two deadlines. First, within two weeks of project completion, you must notify IDR that your project has been completed and that you intend to file for a sales and use tax refund claim under the tax credit program. Include the Tax Credit Certificate Number in that notice. The notice can be sent as a written letter to the Department or electronically to the addresses provided on the next page. Second, you have one (1)year after project completion to file your refund claim. The definition of"Project Completion",for purposes of reporting to IDR that a project has been completed, means: 1. For new manufacturing facilities, the first date upon which the average annualized production of finished product for the preceding 90-day period at the manufacturing facility is at Least 50 percent of the initial design capacity of the facility. 2. For all other EZ or HQJ projects, the date of completion of all improvements necessary for the start-up, location, expansion or modernization of a business. a 3. For all WHTIP, the date of completion is the date on which Iowa Economic Development Authority (IEDA) notifies IDR that all applicable requirements of an agreement entered into pursuant to section 15.354 are satisfied. Q: What forms do we need to use? A: You will need to complete a Construction Contract Claim for Refund (document is available here: htt s:lltax.iowa. ov/siteslfiles/idr/ConstrucContractClaimforRfd%2835003%2914. d . Use this form to request a refund on sales/use tax paid by the contractor or subcontractor in performance of a written construction contract with your business. Answer yes to the question "5.Are you claiming a refund for which you received a tax credit certificate?" on the form and provide a copy of the tax credit certificate for your IEDA award. You cannot make a claim for a sales and use tax refund until you have received the tax credit certificate from IEDA which must include the amount of sales and use tax refund awarded to your company. Also, an Iowa Contractor's Statement (form 35-002a) needs to be completed and attached. Invoices do not have to be attached to the contractor's statement, but the Department of Revenue reserves the right to request invoices when reviewing the refund claim. Tips for a Quicker Refund: 1. On the "Description of Project" line, include your Contract or Agreement Number assigned by IEDA. (example: 1X-TC-OXX or 1 X-HQJ P-OXX) 2. Attach a completed Contractor's Statement even if you are your own contractor. 3. Fill out lines 1-5 completely and check your math. Q: What is an Iowa Contractor's Statement, and why do we have to attach it to our claire? A: This form is a legal document(document is available here: htt saltax.iowa, es/idr/ContractorStmt%2835002`/`2914.pdf). There is an oath at the bottom : of the statement. The contractor or subcontractor needs to sign the oath and have it notarized. The back of the Iowa Contractor's Statement has simple instructions to follow. It is very important that all portions of the Iowa Contractor's Statement are completed by the contractor or subcontractor to make sure your claim can be processed in a timely manner. Updated January 11,2017 Page 205 of 244 i Sales and Use Tax Refunds for Iowa Economic Development Tax Credit Programs: Enterprise Zone, High Quality Jobs, and Workforce Housing Tax Incentive Program t Q: How do we request a refund for sales and use tax we paid for gas, electric, water, or sewer utility services used during construction? A: • You will need to complete the Form IA-843 Claim for Refund. • Please explain the kind of items being claimed in the"Reason for Refund Request" portion of the claim form and reference the law under which you are applying (i.e. 2011 Iowa Code Section 15.331A, High Quality Jobs Program) • Include the Contract or Agreement Number given to you by IEDA(example: 1X-TC-OXX or 1X- HQJ P-OXX). • Include copies of the invoices or a schedule to support the claim Documentation the Department of Revenue may request: 1. Copies of all invoices supporting the contractor statements submitted. These invoices may be submitted to the auditor electronically. 2. A spreadsheet which includes all of the invoices and the invoice detail. A sample spreadsheet is available for your use. 3. Permit numbers and quarters of remitted consumers use tax for any contractor claiming consumers use tax was paid on materials included on the contractor statements. Suggestions to help facilitate the review process: I' 1. All invoices should be matched to the contractor statements to ensure totals match. 2. All invoices should be reviewed to ensure that Iowa tax was charged on the invoice. Tax paid to any other state is not refundable on these claims. 3. All invoices should be reviewed to ensure items submitted for refund are building materials and/or other items used in the performance of a written construction contract. 4. All claims should be reviewed to ensure that no local option tax is included in the refund request. Local option tax is not eligible for refund. . 5. Make sure that the refund claim is filed by the entity that is the eligible business according to the agreement. Please note that additional documentation may be requested on a case-by-case basis. If you have any questions or want to submit a notice of project completion, please contact: Tax Credit Unit Iowa Department of Revenue P.O. Box 14454 Des Moines, IA 50306-3454 Telephone (515)281-8475 or(319)375-8704 Email: judy.neal@iowa.gov or timothy.burington@iowa.gov Updated April 20, 2017 Page 206 of 244 AUTHORIZATION FOR RELEASE OF CONFIDENTIAL STATE TAX INFORMATION AND CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION The undersigned(noted below as"Taxpayer")is an applicant for or a recipient of an award by the Iowa Economic Development Authority(1EDA)and has entered into contract number 18-TC-010 . The undersigned hereby authorizes the Department of Revenue to provide to IEDA state tax information in the file pertinent to this contract or tax credit cortificate(s). This Authorization for Release of Confidential State Tax Information shall be valid for all tax periods either 1)for a 3-year period following completion of the contract or 2)for a 3-year period following completion of tax credit claims using the above tax credit certificate number(s),whichever is longer. j In the case of pass-through business entities(such as partnerships,limited liability companies,cooperatives,S corporations,etc.),data for members of the business entity will be aggregated and released at the business level to the Awarding Agency with this signed release fiom the business entity. The signature of a business representative on this Authorization form authorizes the Iowa Department of Revenue to release tax information at the business entity level. State tax information authorized for release includes tax information pertinent to the taxpayer for individual income tax,corporate income tax,franchise tax,insurance premiums tax,sales and use tax,withholding tax,moneys and credits tax,and the replacement tax on utilities that is requested by the Awarding Agency in the administration of tax credit programs and other state financial assistance programs. The undersigned hereby authorizes the Iowa Department of Workforce Development to provide to the Iowa Department of Revenue and to the Awarding Agency the Employment Contribution and Payroll Tax Report(form 65-5300)and Multiple Worksite Report(BLS 3020)and information from these forces for the Employer Identification Number(EIN)number pertinent to the above specified contract or tax credit certificate(s). Iowa Workforce Development may provide the information without providing the report. The confidential unemployment insurance information will be released,pursuant to this authorization only to the IEDA and/or The Department of Revenue for the purpose of evaluation and administration of tax credit programs and other state financial assistance programs. This Authorization for Release of Confidential Unemployment Insurance information shall be valid for all periods either 1)for a 3 year period following completion of the contract or 2)for a 3-year period following completion of tax credit claims using the above tax credit certificate number(s),whichever is longer. Name of Taxpayer. �y� Sz l�cL ��/+r�r2� �lti OC�ICQ teCS+ Street Address: 1 t c ems`r � City, State,Zip Vj f'1 �A - Telephone Number: \A -Yk - a Email Address: Social Security Number(for individuals): Employer Identification Number(for businesses): ac)-- al Unemployment Insurance Number(for businesses): l',?) -O pc'� - Type of Entity: 0 Individual/Sole Proprietorship ❑Partnership 12 S Corp El C Corp ❑LLC D Cooperative ❑Other(specify) _ Signature of Taxpayer: Title(Required for partnerships and corporations'): Date signed: �',aZ-7-/7 Partnerships-Only partners can authorize release of information. Corporations-Only corporate officers can authorize release of information. Revised 5113 Page 207 of 244 Form WM9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester. Do not Department of theTreasury send to the IRS. Internal Revenue Service 1 Name(as shown on your Income tax relum),Name is required on this line;do not leave this line blank. Crystal Distribution Services,Inc. 2 Business name/disregarded entity name.If different from above v m s Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entitles,not Individuals;see ❑Individuallsole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑Trust/estate instructions on page 3): a osingle-member LLC Exempt payee coda(If any) ❑limited liability company.Fnter the tax classification(C=C corporation,S-S corporation,P-partnership)1 `o Note-For a single-member LLC that Is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting the tax classification of the single-member owner, code(If any) d ❑Other(seo Instructions)► GWp+ras rosccounts awWelr dautcPaa Ma Us) U 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) to 1656 Sycamore Street PQ Box 1744 8 City,stale,and ZIP code w Waterloo,Iowa 50704 7 List account number(s)here(optional) jff 13M Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line i to avoid social security number backup withholding,For Individuals,this is generally your social security number(Baty).However,fora TE resident alien,sole proprietor,or disregarded entity,see the Fart I instructions on page 3.For other entities,it Is your employer identification number(PIN).If you do not have a number,see Now to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line t and the chart on page 4 for LEmplovar kientificallon number guidelines on whose number to enter. 2 l7 -. 2 8 4 3 1 7 1 1 9 Certification Under penalties of perjury,1 certify that: 1. The number shown on this form Is my correct taxpayer Identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA codes)entered on this form(if any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply,For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,you are not req Iced to sign the certification,but you must provide your correct TIN.See the instructions on page 3. sign Signature af1..-�� � Here U.S.per of \C' 1 ��� Date 11- General General Instructions +Form 1098(home mortgage Interest),1098-E(student loan Interest),1090-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1089-C(canceled debt) Future deveropments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) m legislation enacted after we release it)is at www.1rs.goy1fw9. Uso Form W-9 only if you are a U.S.person(including a resident ellen),to Purpose of Form provide your correct TIN, An Individual or entity(Form W-9 requester)who is required to file an information Ityou do not return Form W49 to the requester with a TIN,you might be subject return with the IRS must obtain your cornet taxpayer Identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the fllled-out form,you: number(ITIN),adaption taxpayer Identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number Identification number(EIN),to report on an Information return the amount paid to to he Issued), you,or other amount reportable on an Information return.Examples of information returns Include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or j •Form 1099-INT(Interest earned or paid) 3.Claim exemption from backup withholding If you are a U,S.exempt payee.If •Farm 1099-DIV(dividends,Including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of Income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this farm Of any)Indicating that you are brokers) exempt from the FATCA reporting,Is correct.See What is FATCA reporting?an •Form 1099-5(proceeds from real estate transactions) page 2 for further Information. +Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev,12-2014) Page 208 of 244 fi Form W-9(Rev.12-2014) Page 2 Note.If you are a U.S,person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an Incorrect TIN, W-9 to request your TIN,you must use the requester's farm It it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person If you are: 5.You do not certify to the requester that you are not subject to backup •An individual who Is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened i •A partnership,corporation,company,or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt •An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. •A domestic trust(as defined In Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in ' the United States are generally required to pay a withholding tax under section What is FATCA reporting. 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,In certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial Institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you area United States parsons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-8 for more information. United States,provide Form W-9 to the partnership to establish your U.S.status and avoid section 1446 withholding on your share of partnership income, Updating Your Information to the cases below,the following person must give Form W-9 to the partnership for purposes of establishing Its U.S.status and avoiding withholding on its You must provide updated Information to any person to whom you claimed to be allocable share of net Income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person.For example,you may need to •In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated Information If you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or If you no longer are tax exempt.In addition,you must furnish a new Farm W-9 it the name or TIN changes for the account;for example,if the grantor •In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and •In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fall to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure Is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false Information with respect to withholding.It you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding. Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payed has otherwise become a U.S,resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. If you are a U.S.resident alien who Is retying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specificecific Instructions five items: Line 1 1.The treaty country.Generally,this must be the same treaty under which you claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)In the tax treaty that contains the saving If this Form W-9 Is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of Income That qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration(SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article, security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.MIN applicant:Enter your Individual name as It was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application,line 1 a.This should also be the same as the name you entered on student will become a resident alien for 011040A/1040EZ you filed with our application. Under U.S.law,this s the Form 104 Y Y In the United States.Un , tax purposes if his or her stay in the United States exceeds 5 calendar years. b. Sole proprietor or single-member LLC.Enter your individual name as However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, 1984)allows the provisions of Article 20 to continue to apply even after the or"doing business as"(DBA}name on line 2. Chinese student becomes a resident alien of the United States.A Chinese student who qualifies for this exception(under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a singlo-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. Information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax j If you are a nonresident alien or a foreign entity,give the requester the documents other legalonlindocument1.This name should nag the entity.You may enter the shy busishown ness,trade,harmr or appropriate completed Form W-8 or Form 8233. or DBA name on line 2. Backup Withholding a. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner Is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701 2(c)(2)(iii).Enter the owner's name on line 1,The name of the entity entered on line 1 should never be a disregarded is called"backup withholding." Payments that may be subject to backup . withholding include Interest,tax-exempt Interest,dividends,broker and barter which The name on line 1 should be the name shown on the income tax return on the income should be reported.For example,if a foreign LLC that Is treated exchange transactions,rents,royalties,nonemployee pay,payments made in settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owner's name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name line 2,"Business name/disregarded entity name."If the owner of the disregarded give the requester your correct TIN,make the proper certifications,and report all entity is a foreign person,the owner must complete an appropriate Farm W-8 your taxable interest and dividends on your tax return. instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II Instructions on page 3 for details), Page 209 of 244 r Form W-9(Rev.12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099 MISC are not exempt from backup withholding:medical and health care you may enter it on line 2, payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATOA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this farm for accounts maintained outside of the United States by certain foreign financial institutions.Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain If the financial box and enter"P"in the space provided.If the LLC has filed Form 8832 or 2553 to institution Is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company"box and in the not required by providing you with a Form W-9 with"Not Applicable"(or any space provided enter"C"for C corporation or"S"for S corporation.If it is a similar Indications)written or printed on the line for a FATCA exemption code, single-member LLC that is a disregarded entity,do not check the"Limited Liability Company"box;Instead check the first box in line 3"Individuallsole proprietor or A—An organization exempt from tax under section 501(a)or any Individual single-member LLC." retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities Line 4,Exemptions If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District Columbia,a appropriate space in tine 4 any code(s)that may apply to you, any—their political corporation subdivisions or Instrumentalities commonwealth or possession,or Dn the stock of which is regularly traded on one or more Exempt payee code. established securities markets,as described in Regulations section • Generally,Individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(i)(1) withholding. E—A corporation that is a member of the same expanded affiliated group as a • Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(e)(1)(i) for certain payments,including interest and dividends. F—A dealer In securities,commodities,or derivative financial instruments • Corporations are not exempt from backup withholding for payments made In (including notional principal contracts,futures,forwards,and options)that is settlement of payment card or third party network transactions, registered as such under the laws of the United States or any state • Corporations are not exempt from backup withholding with respect to attorneys' G—Areal estate Investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at alt times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code In the space in line 4. 1—An organization exempt from tax under section 601(a),any IRA,ora J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or Instrumentalities M--A tax exempt trust under a section 403(b)plan or section 457(8)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial Institution requesting this farm to any of their political subdivisions or Instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of Its political subdivisions,agencies,or completed. Instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register In the United Enter your address(number,street,and apartment or suite number).This is where the requester of this Form W-9 will mail your Information returns. States,the District of Columbia,or a U.S.commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate Investment trust 9—An entity registered at at€times during the tax year under the investment Part�.Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer 11—A financial Institution Identification number(ITIN).Enter it In the social security number box.If you do not have an ITIN,see How to gel a 71N below. 12--A mldd€eman known in the investment community as a nominee or if you are a sole proprietor and you have an FIN,you may eater either your SSN custodian or FIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLO that is disregarded as an entity separate from Its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC}on this page),enter the owner's SSN withholding.The chart applies to the exempt payees listed above,1 through 13. (or FIN,it the owner has one).Do not enter the disregarded entity's FIN.If the LLC is classified as a corporation or partnership,enter the entity's FIN. IF the payment is far... THEN the payment is exempt for... Note.See the chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for 7 for an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at www.ssa.gov.You may also get this form by Broker transactions Exempt payees 1 through 4 and 6 calling 1-840-772-1213.Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations.S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an FIN.You can apply for an FIN online by payee code because they are exempt accessing the IRS website at www.1m.govlbusinesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can got Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by railing 3-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For"in the space for the TIN,sign and date the form,and give it to the requester.For interest and dividend payments,and certain payments made Payments over$600 required to beGenerally,exempt payees with respect to readily tradable Instruments,generally you will have 60 days to get reported and direct sales over$5,0001 1 through 5 a TIN and give It to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made In settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For"means that you have already applied for aTIN or that you intend to apply for one soon. 1 See Form 1099-MISC,Miscellaneous Income,and its instructions. Caution:A disregarded U.S.entity that has a foreign ownermust use the appropriate Form W-8. Page 210 of 244 i . i L 3, Page 4 Form W-9(Rev.12-2014) Part I1.Certificationayou must show your Individual nam and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(it you To establish to the withholding agent that you are a U.S.person,or resident atien, have one),but the IRS encourages you to use your SSN. sign Farm W-9.You may be requested to sign by the withholding agent even If 'List first and circle the name of the trust,estate,or pension crust.(Do not furnish the TIN of the items 1,4,or 5 below indicate otherwise. personal representative or trustee unless the legal entity itself is not designated In the account For a joint account,only the person whose TIN is shown In Part I should sign title.)Also see special rules forparinershfps on page 2. (when required).In the case of a disregarded entity,the person identlfled on line 1 'Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note.If no name Is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as Indicated in items 1 considered to be that of the first name fisted. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened bolero 1884 Identity theft occurs when someone uses your personal information such as your and broker accounts considered active during 1983.You must give your correct TIN,but you do not have to sign the certification. name,SSN, other Identifying information,without your permission,to commit dividend,broker,and barter exchange accounts opened after fraud r otherr crimes. Identity thief may use your SSN!o get a job or may)lie a 2.Interest tax return using your SSN to receive a refund. 1983 and broker accounts considered inactive during 1983.You must sign the To reduce your risk: certification or backup withholding will apply.If you are subject to backup withholding and you are merely providing your correct TIN to the requester,you .Protect your SSN, must cross out item 2 in the certification before signing the form. .Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out .Be careful when choosing a tax preparer. item 2 of the certification. 4.Other payments.You must give your correct TIN,but you do not have!o sign If your tax records are affected by Identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments"include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bilis for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(ncluding payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,confect the IRS Identity Theft Hollins at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039, certain fishing boat crew members and fishermen,and gross proceeds paid to For more information,see Publication 4535,Identity Theft Prevention and Victim attorneys(including payments to corporations). Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured Victims of identity theft who are experiencing economic harm or a system property,cancellation of debt,qualified tuition program payments(under problem,or are seeking help In resolving tax problems that have not been resolved section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or through normal channels,may be eligible for Taxpayer Advocate Service(TAS) distributions,and pension distributions.You must give your correct TIN,but you assistance,You can reach TAS by calling the TAS toll-free case intake line at do not have to sign the certification. 1-877-777-4778 or TTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user 1.Individual The Individual into surrendering private Information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does account) if combined funds,the first not request personal detailed Information through email or ask taxpayers for the individual on the account' PIN numbers,passwords,or similar secret access Information for their credit card, 3.Custodian account of a minor The minor bank,or other financial accounts. (Uniform Gift to Minors Act) if you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee` message to phishfngOirs.gov.You may also report misuse of the IRS name,logo, trust rentor is also trustee) or other IRS property to the Treasury Inspector General for Tax Administration (g I TIGTA)at 1-800-366-4484.You can forward suspicious emails to the Federal b.So-called trust account that Is The actual owner Trade Commission at:spam@uce.gov or contact them at www.ftc.govlidfheff or not a legal or valid trust under 1-877-IDTHEFT(1-877-438-4338). state law Visit IRS.gov to learn more about identity theft and how to reduce your risk. 5.Sole proprietorship or disregarded The owner' entity owned by an individual 5.Grantor trust filing under Optional The grantor' Privacy Act Notice Form 1099 Filing Method 1(see Section 6109 of the Internal Revenue Code requires you to provide your correct Regulations section 1.6714(b)(2)(1) TIN to persons(including federal agencies)who are required to file information (A)) returns with the IRS to report Interest,dividends,or certain other Income paid to For this type of account: Give name and EIN of: you;mortgage Interest you paid;the acquisition or abandonment of secured 7.Disregarded entity not owned by an The owner property;the cancellation of debt,or contributions you made to an IRA,Archer Individual MSA,or HSA.The person collecting this form uses the information on the form to file information returns with the IRS,reporting the above Information.Routine uses 8.A valid trust,estate,or pension trust Legal entity' of this Information include giving it to the Department of Justice for civil and 9.Corporation or LLC electing The corporation criminal litigation and to cities,states,the District of Columbia,and U.S. corporate status on Form 8832 or commonwealths and possessions for use in administering their laws.The Form 2553 information also may be disclosed to other countries under a treaty,to federal and 10.Association,club,religious, The organization state agencies to enforce civil and criminal laws,or to federal law enforcement and charitable,educational,or other tax- €nteltigence agencles to combat terrorism.You must provide your TIN whether or exempt organization not you are required to file a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to 11.Partnership or multi-member LLC The partnership a payee who does not give a TIN to the payer.Certain penalties may also apply for 12.A broker or registered nominee The broker or nominee providing false or fraudulent Information. 13.Account with the Department of The public entity Agriculture In the name of a public entity(such as a state or local government,school district,or prison)that receives agricultural program payments 1A.Grantortrust filing underthe Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.871-4(b)(2)(€) (B)) 'List flat and circle the name of the person whose number you furnish.It only one person on a Joint account has an SSN,that person's number must be fumistred. a Circle the minor's name and furnish the minor's SSN. Page 211 of 244 t i o This resource sheet is to assist the Business in complying with the requirement described in 4.3(f) of the contract. Following is a listing indicating some of the technical assistance sources for both Energy Efficiency Design, and Management and Waste Reduction Design and Management. SOURCES OF TECHNICAL ASSISTANCE Energy Efficiency Design and Management ✓ Iowa Economic Development Authority ✓ Iowa State University Extension Energy Division Center for Industrial Research and Service Shelly Peterson,Program Manager 2272 Howe Hall,Suite 2620 200 East Grand Ames,IA 50010-2272 Des Moines,IA 50309 515-294-3420 1' 515-725-0418 www.ciras,iastate.edu with regional offices in Cedar Rapids, Council Bluffs, ?? Davenport, Des Moines, Storm Lake, and Waterloo ✓ Local utility company ✓ Business also has option of hiring a private energy L, management engineering and conservation consultant Waste Reduction Design and Management Was g 'k. ✓ Department of Natural Resources ✓ University of Northern Iowa Energy and Waste Management Bureau Iowa Waste Reduction Center Jeff Finle,Pollution Prevention Mgr. James Olson,Director 502 E.9 Street 1005 Technology Parkway Des Moines,IA 50319 Cedar Falls,IA 50613 5151725-8353 olsonj@uni.edu s jeff.fiagle&nnstate.ia.us 319-273-6589 www.iwrc,org t is ✓ Iowa State University Extension $ Center for Industrial Research and Service 2272 Howe Hall, Suite 2620 Ames,IA 50010-2272 Y 515/294-3420 www.ciras.iastate.edu with regional offices in Cedar Rapids, Council Bluffs, Davenport Des Moines, Storm Lake, and Waterloo s i ✓ Business also has option of hiring a private environmental engineering consultant Updated 8-11-06 Page 212 of 244 s 10/16/2017 Certificate of Standing IOWA SECRETARY OF STATE PAUL D. PATE S OF 10 UJ n Y f CERTIFICATE OF EXISTENCE Date: 10/16/2017 Name: CRYSTAL DISTRIBUTION SERVICES,INC. (490 DP - 311485) Date of Incorporation: 5/16/2005 Duration: PERPETUAL I, Paul D. Pate, Secretary of State of the State of Iowa, custodian of the records of incorporations, certify the following for the corporation named on this certificate: a. The entity is in existence and duly incorporated under the laws of Iowa. r b. All fees required under the Iowa Business Corporation Act due the Secretary of State have been paid. c. The most recent biennial report required has been filed with the Secretary of State. d. Articles of dissolution have not been filed. f' Certificate ID: CS140940 To validate certificates visit: sos.iowa.gov/ValidateCertificate Paul D.Pate,Iowa Secretary of State https:#sos.iowa,govlbusinesstcert/Print.aspx?cs=tLA-yDTRLhyWUbRHgrbX04-dCdX4vZla8tVQIWLIH8s1 111 Page 213 of 244 3 I No. w00425791 Date: 05/18/2005 , _ 490 DP--000311485 CRYSTAL DISTRIBUTION SERVICES, INC. E I I t ACKNOWLEDGEMENT OF DOCUMENT FILED The Secretary of State acknowledges .receipt of the following document Articles of Incorporation The document was filed on May 16, 2005, at 03 :21 PM, to be effective as of May 16, 2005, at 03 :21 PM. The amount of $50 . 00 was received in full payment of the filing fee. f 1 , y' 3 rr. CHESTER J. CUL�TER SECRETARY OF STATE '•; Y �i� Y.Md un Arcyrlei Y}+er • Page 214 of 244 r C � Cltystal Distribution Services, Inc. 1656 Sycamore Street 319 234-6606 P.O.Box 1744 Fax 319 233-9464 Waterloo,Iowa 50704 WWW.Crystaldist.com October 18, 2017 Iowa Economic Development Authority 200 East Grand Avenue Des Moines, Iowa 50309 Attn: Ms. Kristi Steil RE: Solid and Hazardous Waste Reduction Information Crystal Distribution Services recognizes that an effective program to reduce solid waste,recycle and properly dispose of hazardous waste is a core component of a successful company. It is also our moral obligation to protect the planet and its ecosystems for our own benefit as well as future generations. Currently the solid waste is picked up by Black Hawk county after compaction.We are currently working with Rubicon for pricing on recyclables sorting and collection. We also utilize Darling international for recycling meat proteins by process of rendering so they do not go into the landfills. As a consumer of some hazardous products in the regular course of our business,Crystal Distribution processes these in compliance with EPA and OSHA regulations. Used oil is j currently piclzed up by Cedar Falls Oil and disposed of safely and bylaw, SDS sheets far all hazardous materials used or consumed at our facility are kept in 2 locations within the maintenance department The most effective solution to reducing or eliminating solid and hazardous waste is to not create it in the first place. Purchasing practices need to include challenging our suppliers to deliver necessary supplies with minunal waste and reduced waste.When economically viable options are discovered we need to purchase items that reduce the alnount of hazardous waste generated through the used or disposal at the end of life cycle. Preference will be shown to products proven to be effective in meeting these goals, Sincerely, f Tom Poe Crystal Distribution Services,Inc. Page 215 of 244 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (399)291-4366 Fax(319)291-4262 • December 6, 2017 Iowa Economic Development Authority Attn. Macie Pohlman 200 East Grand Avenue Des Moines, Iowa 50309 To whom it may concern: I am writing this letter in support of the High Quality Jobs Program application for Crystal Distribution Services, Inc. As indicated by the regulations the City of Waterloo has entered into a Development Agreement with Crystal Distribution that includes incentives for the project. As noted the City of Waterloo has entered into a Development Agreement with Crystal Distribution that includes a development grant of$640,000.00 and a tax rebate schedule of 10 years at 85% and one additional year at 20%. The total amount of rebated taxes is estimated at $1,300,000.00. The City of Waterloo is very active with assisting local businesses with expansions and growth. The City and Crystal Distribution have a rich history of working together on past projects and are very eager to start another project with a great local company. Thank you for the opportunity to comment on this project. If you have any questions, please feel free to give me a call at 319.291.4366. Thank you for your review of this project. Sincerely, �y Adrienne Miller, Planner II, Economic Development Specialist CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! Page 216 of 244 An Equal OpportunitylAffirmative Action Employer (ithFarmers AS STATE BANK MEMBER FMC Building Your Success December 8,2017 Mr.Tom Poe President Crystal Distribution Services, Inc. 1656 Sycamore Street Waterloo,IA 50704 Re: Expansion Project Dear Tom, It is my pleasure to let you know Farmers State Bank has approved an estimated$4,250,000 construction/mini-perm loan for the expansion project in Waterloo, IA of your main campus.Subject to change depending upon close date,this loan will have a 9 month Interest only construction period with a variable rate of Prime+.87%,and following that period will convert to a 10-year balloon note on 20- year amortization with a fixed interest rate of 5.89%. Please contact me directly if I can be of further assistance. Sincerely, Dustin Thorson EVP/Chief lending Officer Farmers State Bank 1 1-877'-FSB-1879 www.FSB1879.com `°Ams",G Page 217 of 244 CITY OF WATERLOO , IOWA WATERLOO BUILDING INSPECTIONS DEPARTMENT 715 Mulberry Street • Waterloo,IA 50703 , (319)291-4319 Fax(319)291-4262 • 1 October 6, 2017 Re: Crystal Distribution Services, Inc. Construction documents submitted for the Crystal Distribution project will be reviewed by the City of Waterloo building department.Typically only occupancies that are type "I" classifications will be reviewed in joint with the State Building Code Bureau for approval. Sincerely, Greg Ahlhelm Building Official Cc: Noel Anderson, Community Planning and Development Director, Adrienne Miller, Economic Development Specialist CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! Page 218 of 244 An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with Midwest Development Co., of Cedar Rapids, Iowa, for the construction of ten(10) single-family homes and seven(7) duplexes, located northeast of 3405 Monticello Avenue, with a minimum value of$150,000 each, approving a development grant of$5,000 per unit, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ Map Backup Material Resolution approving a Development Agreement with Midwest Development Co., of Cedar Rapids, Iowa, for the construction of ten(10) single-family SUBJECT: homes and seven(7)duplexes, located northeast of 3405 Monticello Avenue, with a minimum value of$150,000 each, approving a development grant of $5,000 per unit, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve the resolution Expenditure Required: $120,000 Source of Funds: Bonds Policy Issue: Infill Housing Alternative: Not approve. Legal Descriptions: Lots 1-24 of Lincolnshire Addition, City of Waterloo, Black Hawk County, Iowa. Page 219 of 244 Preparer Information: Adrienne Miller 715 Mulberry Street Waterloo, Iowa 50703 (319)291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between Midwest Development Co. ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct 10 single-family dwellings and 7 duplexes (24 total units) and related improvements on property located throughout the City of Waterloo, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Improvements by Developer. Developer will construct 10 single-family dwellings and 7 duplexes (total of 24 units), valued at over $150,000 each. The dwellings shall be completed to a finished state, including installation of driveway, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping and sidewalks constructed (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Page 220 of 244 DEVELOPMENT AGREEMENT Page 2 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to enter into this agreement with Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. Construction. Developer must begin construction of the Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within thirty-six (36) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option this agreement will be voided, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the agreement shall be voided after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension, the agreement shall be voided. 3. Incentives. A. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. B. Development Grant. Upon completion of the new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, City will make to the developer party a one-time grant of$5,000.00 for each completed home, in accordance with City policy. 4. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal Page 221 of 244 DEVELOPMENT AGREEMENT Page 3 expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-col lateral ize the Property to support the construction of improvements on any other real estate. 6. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity Page 222 of 244 DEVELOPMENT AGREEMENT Page 4 without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to Midwest Development Co., 417 First Ave SE, Cedar Rapids, la, 52401. Attn: President Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly Page 223 of 244 DEVELOPMENT AGREEMENT Page 5 authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. Page 224 of 244 DEVELOPMENT AGREEMENT Page 6 CITY OF WATERLOO, IOWA Midwest Development Co. By: Quentin M. Hart, Mayor Kevin Fittro, Vice President Attest: Kelley Felchle, City Clerk Page 225 of 244 EXHIBIT "A" Legal Description of Property Lots 1-24 of Lincolnshire Addition, City of Waterloo, Black Hawk County, Iowa. Page 226 of 244 c� / 7 Art -.r X. e ` .,� -��� � f'� O, •mac„ C� �. � `� ' �' KIPOol QD y o • - AA iT z w • f C f - � PEWS Cit-LJ of Waterloo, Iowa Lincolnshire Addition W�E S Page 227 of 244 CITY OF WATERLOO Council Communication Resolution approving an Acquisition Contract with Todd L. Chapman and Scott C. Chapman for the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street, in the amount of$33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/19/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Acq Contract Chapman Backup Material Resolution approving an Acquisition Contract with Todd L. Chapman and SUBJECT: Scott C. Chapman for the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street, in the amount of$33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Adopt resolution The City of Waterloo acquired land at 1332 Walker Street and have entered into a Development Agreement for its rehabilitation. The lot was over 700' Summary Statement: deep, so the City kept the northern portion of the lot for additional housing infill. This acquisition would go with that northern portion of land for infill housing of 5 new residential lots, as well as allow the homeowner at 202 Fairfield Street acquire additional land for a new garage. Expenditure Required: $33,000 plus up to $5,000 in closing costs Source of Funds: Housing Bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve The City works to acquire dilapidated houses through the 657A program for new housing infill or rehabilitation. In this location, we will have spent Background Information: approximately$35,000 and have one house rehabilitated ($70,000), gain a new garage($10,000) for an existing resident, and gain five new homes ($650,000) for a gained investment over$700,000. CEDAR DALE PART OF LOT G BEGINNING AT NORTHEAST CORNER LOT G THENCE SOUTH ALONG EAST LINE 330 FEET Page 228 of 244 THENCE NORTHWESTERLY TO A POINT 178 FEET WEST OF Legal Descriptions: EAST LINE AND 310 FEET SOUTH OF NORTH NORTHEAST THENCE NORTH ALONG A LINE PARALLEL WITH EAST LINE 310 FEET TO NORTH LINE THENCE EAST TO POINT OF BEGINNING Page 229 of 244 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Todd L. Chapman and Scott C. Chapman(collectively, "Seller") FROM: City of Waterloo, Iowa("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as tax parcel no. 8913-15-177- 011 as further described on Exhibit "A" attached hereto, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $33,000.00. The entire Purchase Price shall be due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 60 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement, at a date and time mutually agreeable to the parties. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Page 230 of 244 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. Also see paragraph 10.C. 8. ABSTRACT AND TITLE. Buyer shall pay the cost of initial abstracting. The abstract shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea-formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or 2 Page 231 of 244 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $500 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens,restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 13. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 14. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 15. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Todd and Scott Chapman c/o Timothy J. Luce, Attorney 3 Page 232 of 244 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 726 W. 4th Street Waterloo, IA 50702 Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning &Development Director 16. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 17.NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 18. ADDITIONAL PROVISIONS. (a) This Agreement is expressly subject to approval by the city council of Buyer. (b) Buyer will pay Seller's closing costs. 19. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before December 28, 2020, this Agreement shall be null and void. Dated Accepted by Seller 12/28/2020 BUYER SELLER City of Waterloo, Iowa DocuSigned by: By: F Mayor Todd L. Chapman DocuSigned by: Attest: �Cbff O ,,,,K� City Clerk """'�� Scott C. Chapman 4 Page 233 of 244 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 EXHIBIT"A" Pro e�rty Description CEDAR DALE PART OF LOT G BEG AT NE COR LOT G,THENCE S ALONG E LINE 330 FT,THENCE NWLY TO PT 178 FT W OF E LINE AND 310 FT S OF N LINE, THENCE N ALONG A LINE PAR WITH E LINE 310 FT TO N LINE,THENCE E TO BEG Page 234 of 244 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes of November 2020. City Council Meeting: 1/19/2021 Prepared: 12/18/2020 ATTACHMENTS: Description Type ❑ November Board Meeting Minutes Backup Material SUBJECT: Community Development Board Meeting minutes of November 2020. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 235 of 244 Community Development Meeting Minutes November 17,2020 f. Call to order John Chiles called to order the regular meeting of the Community Development Board via zoom at 4:00 p.m,on Tuesday November 17,2020.Chiles asked for an approval of the agenda for November 17,2020. It was moved by Leistikow and seconded by Weekley to approve the agenda.Motion carried. II. Roll call John Chiles asked for a motion to approve the minutes for October 2020.It was moved by Leistikow and seconded by Weekley to approve the minutes for October 2020. Motion carried. Present:Chairperson John Chiles,Cody Leistikow,Cam Campbell,Angela Weekley, Zach Hansen,and Felicia Carter Members Absent:Jenna Northey Also Present:Rudy D.Jones,Community Development Director;Anita Rousselow, Administrative Secretary;Angie Fordyce,Community Development Coordinator; Jerome Amos,City Council nI. Approval of minutes from last meeting John Chiles asked for a motion to approve the minutes for October 2020.It was moved by Leistikow and seconded by Weekley to approve the minutes for October 2020. Motion carried. IV. Old Business: a} Staff Updates and Lead Grants:Our rehab staff attended a lead certification refresher course and Mindy Smith,our intake specialist,passed the CDBG primer training which covers the basics of CDBG and its regulations.Community Development also offered more lead grant worker training the weep of November 16a'.Staff will be going in to negotiations at the end of the week with HUD for the upcoming lead grant.Staff is still taking daily precautions to stay healthy and not be exposed to COVD-19. Page 236 of 244 b) COVID-19 Applications:All applicants have been notified on whether they received funds or not.Staff is working on getting all the needed documents in the files that HUD determines is necessary.The finance department has entered the budget amounts for the CARES money in their system.Staff will begin the work on the contracts needed for each sub recipient. c) Amendment to Mortgage upon Death Policy:The language has been amended on the policy to state that if there is an income eligible family member that is willing to abide by the same rules as the current applicant or lien holder,upon the death of the lien holder the heir can transfer the property into their name and basically"take"over the remainder of the loan until the period of affordability has expired, V. New Business: a) Endorse Contracts October 2020:John Chiles asked for a motion to approve the contracts.Leistikow made a motion to approve contracts for October 2020 and the motion was seconded by Hansen.Motion carried. b) Neighborhood Services:A report was presented to the board about the upcoming events and activities. c) Subcommittee Selection for New Funding Cycle:John Chiles,Zach Hansen and Felicia Carter will be on the subcommittee for the FY22 Annual Action Plan funding cycle. VI. Discussion Items: a.Informational Forum November 12:A zoom meeting was held in council chambers with several possible sub recipients.The organizations that were in attendance were One City,Americans for Independent Living,Cedar Valley Clubs, Northeast Iowa Food Bank,Johnny B Construction,Operation Threshold,Legal Aid, and Iowa Heartland Habitat for Humanity.Fordyce explained the application and the process. b.Being Proud to live in Waterloo-A discussion initiated by John Chiles was held on possible ways or avenues that can be taken for residents to show pride in their community.Weekley suggested touching base with organizations that have already been formed for this.. VII.Adjournment I Page 237 of 244 It was moved by Campbell and seconded by Weekley to adjourn the meeting.Motion carried.Meeting Adjourned. Minutes submitted by: Cody istiko inutcs approved by: Board � I t 3 Page 238 of 244 CITY OF WATERLOO Council Communication Certified List for the position of Equipment Operator I for the City of Waterloo, Iowa Public Works - Street Department, as certified by the Civil Service Commission on December 18, 2020. City Council Meeting: 1/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Equipment Operator I Certified list Dec 2020 Backup Material Certified List for the position of Equipment Operator I for the City of SUBJECT: Waterloo, Iowa Public Works - Street Department, as certified by the Civil Service Commission on December 18, 2020. Submitted by: Submitted By: Page 239 of 244 CITY OF WATERLOOv IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry St. Waterloo IA .50703 ®Phone(319)291-4303 Fax(319)291-4569 „ December 18, 2020 TO: Honorable Mayor& City Council We,the members of the Civil Service Commission,-certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Equipment Operator I for the City of Waterloo,Iowa Public Works- Street Department. Appointment(s) shall be made from this list for the next year (December 18, 2020--December 17,2021). CERTIFIED LIST Wade Barker Jeramey See Brett Reiter Justin Herrold Rifik Kajtazovic Charles Allison David Kreger Monesha Dickens Merlin Polok Rich Francis Jay Millett The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. RESERVE LIST Nathan Hyde Respectfully submitted, Barry"ins s Lo4ie Caldwell? D to ` "Ethel n ate CS LIST EQUIPMENT OPERATOR 120 WE'RE WORKING FOR YOU! Page 240 of 244 An Equal Opportunity/AftirmativeAction Employer CITY OF WATERLOO Council Communication Certified List for the position of Police Recruit for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on December 18, 2020. City Council Meeting: 1/19/2021 Prepared: ATTACHMENTS: Description Type ❑ Police Recruit Certified List 2020 Backup Material Certified List for the position of Police Recruit for the City of Waterloo, SUBJECT: Iowa Police Department, as certified by the Civil Service Commission on December 18, 2020. Submitted by: Submitted By: Page 241 of 244 CRTY OF *41-ATERLOO , U0WA HUMAN PIESOUP.CES ORPIPARYPSIEVAT 715 Mulberry St. Waterloo, IA 50703 Phone(319)291-4303 Fax(319)291-4569 December 18,2020 TO: Honorable Mayor&City Council We, the members of the Civil Service Commission, certify the following list of applicant(s), who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Police Recruit for the City of Waterloo, Iowa Police Department. Appointment(s)shall be made from this list for the next year(December 18, 2020—December 17, 2021). CERTIFIED LIST Joshua Mixdorf Tim Richmond Anthony Frenz Cade Moritz Jacob Bolstad Jacob Zar8 Hanna Zikuda. Mitchell McGee Chase Hershey Kristi Hanson Ashley Schmit Ponce Billingsley Chad Luck Respectfully submitted, Von /ova Barry skins Date ovie Q Zwell. Ddte 7-P-thel Was . gtoi —Date CS LIST POLICE RECRUIT 20 WE'RE WORKING FOR YOU! Page 242 of 244 An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication Certified List for the position of Clerk Il for the City of Waterloo, Iowa, as certified by the Civil Service Commission on December 18, 2020. City Council Meeting: 1/19/2021 Prepared: ATTACHMENTS: Description Type SUBJECT: Certified List for the position of Clerk II for the City of Waterloo, Iowa, as certified by the Civil Service Commission on December 18, 2020. Submitted by: Submitted By: Page 243 of 244 CITY OF WATERLOO Council Communication Communication from the Public Works - Street Department on the notice of the conclusion of employment for Tony Pauley, Street Supervisor, effective December 11, 2020 with recommendation of approval of payout of $4,984.84 for unused benefits. City Council Meeting: 1/19/2021 Prepared: ATTACHMENTS: Description Type Communication from the Public Works - Street Department on the notice of SUBJECT: the conclusion of employment for Tony Pauley, Street Supervisor, effective December 11, 2020 with recommendation of approval of payout of $4,984.84 for unused benefits. Submitted by: Submitted By: Page 244 of 244