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Council Packet - 3/1/2021
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Meeting will be held virtually via Zoom. Visit https:Hcityofwaterlooiowa.com/register and register to receive the Zoom meeting information. Please contact the City Clerk's Office at 319-291-4323 with questions. Monday, March 1, 2021 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new,livable wage jobs through a balanced economic development approach of assisting existing businesses,fostering start-ups,attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable,and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. 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 C011ID-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 httpsJ/cityofwaterlooiowa.coni/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. R 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. Page 1 of 693 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 COMMENTDURING 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 Jonathan Grieder, Ward 2 Council Member Agenda, as proposed or amended. Minutes of February 15, 2021, as proposed. Swearing in of three (3) Waterloo Fire Rescue Fire Recruits - Jeremy Fuller, Dustin Stotler and Ayala Reese. 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 693 2. Resolution approving cancellation of special assessments for properties located at 1804 E. 4th Street, 413 Wellington Street and 2929 Spruce Lane, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By:Kelley Felchle, City Clerk 3. Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, for a community block party to held in the parking lot located at 3622 Hammond Avenue, on June 12, 2021, from 10:30 a.m. to 3:30 p.m., in conjunction with a praise and worship event, along with a live band and use of a PA system. Submitted By: Corbin Payne, Police Lieutenant 4. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of$300, from Broadway Liquor, 821 Broadway Street, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Martin M. Petersen, City Attorney 5. Resolution approving acceptance of improvements of Lincolnshire Addition, submitted by Clapsaddle-Garber Associates, Inc., and performed by Midwest Development Company, Rathje Construction Co., and Central States Concrete, LLC, and file two-year maintenance bonds. Submitted By:Dennis J. Gentz, PE, Assistant City Engineer 6. Resolution awarding bid to Woodruff Construction, Inc., of Waterloo, Iowa, in the amount of$3,587,300 (Base Bid + Alternates 1, 2, 3, and 4), approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase I Project, Contract No. 951, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Wayne Castle, PLS, PE,Associate Engineer 7. Resolution setting date of public hearing as March 15, 2021, to approve a request by DGOGWaterlooiall042020, LLC, to rezone a 3.46 acre property located northeast of 2600 E. Shaulis Road from "A-l" Agricultural District to "C-P" Planned Commercial District with conditions, to construct a new Dollar General Store, and instruct the City Clerk to publish said notice. Submitted By:Noel Anderson, Community Planning and Development Director 8. Resolution setting date of public hearing as March 15, 2021 on the proposed issuance of not to exceed $19,750,000 General Obligation Bonds, for essential corporate purposes, and instruct the City Clerk to publish said notice. Submitted By:Michelle Weidner, Chief Financial Officer 9. Resolution setting date of public hearing as March 15, 2021, to authorize the sale and conveyance of property located north of 3488 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, and instruct the City Clerk to publish said notice. Submitted By:Noel Anderson, Community Planning and Development Director 10. Resolution approving preliminary plans, specifications and form of contract, etc., setting date of bid opening as March 25, 2021, and date of Public Hearing as April 5, 2021, in conjunction with the Waterloo Regional Airport Hangar Rehabilitation Improvement Project, Iowa DOT Aviation Bureau CSVI Project No. 9-I-210-ALO-200, and Iowa DOT Contract No. 22634, and instruct the City Clerk to publish said notice. Submitted By:Keith Kaspari,Airport Director 11. Resolution approving preliminary plans, specifications, form of contract, bid documents etc., setting date of bid opening as March 18, 2021 and date of public hearing as April 5, Page 3 of 693 2021, in conjunction with the 2021-2023 Right-of-Way Mowing Contract, and instruct the City Clerk to publish said notice. Submitted By: JB Bolger, Interim Assistant Parks Superintendent 12. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction with (RACM) Demolition Services, Contract No. RD-2021-03-01P, located at 220 Hopkins Court, and instruct the City Clerk to publish said notice. Submitted By:Noel Anderson, Community Planning and Development Director 13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction with the FY 2021 Reconstruction Program, Contract No. 1023, and instruct the City Clerk to publish said notice. Submitted By:Dennis Gentz, PE,Assistant City Engineer 14. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction with the FY 2022 Complaint Mowing with Complaint Snow Removal Contract, and instruct the City Clerk to publish said notice. Submitted By:Martin M. Peterson, City Attorney 15. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction with asbestos abatement services at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street, and directing the City Clerk to publish said notice. Submitted By:Noel Anderson, Community Planning and Development Director 16. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021, and date of public hearing as March 15, 2021, in conjunction with demolition services, Contract No. D-2021-03-6P, located at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street, and instruct the City Clerk to publish said notice. Submitted By:Noel Anderson, Community Planning and Development Director 17. Resolution approving changing the location of a city council special session meeting scheduled for March 25, 2021 at 5:30 p.m., and a city council planning session scheduled for March 29, 2021 at 5:30 p.m., to the Schoitz Room at the Waterloo Center for the Arts, and instruct City Clerk to publish said notice of change of location. Submitted By:Kelley Felchle, City Clerk 18. Resolution setting date of public hearing as March 15, 2021, to authorize the sale and conveyance of property located north of 3620 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, 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 Jakoubek Class/Meeting: Writing Well for Public Safety Forces Destination:Ankeny, IA Page 4 of 693 Dates:March 4, 2021 Amount not to exceed: $185 b. Sgt. Missy Ludwig Class/Meeting: Iowa Association of Women Police Conference Destination: Sioux City, IA Dates:March 8-9, 2021 Amount not to exceed: $298 C. Lt. Greg Fangman Class/Meeting: FBI Law Enforcement Executive Development Association Internal Affairs Training Destination:Aurora, IL Dates:March 22-26, 2021 Amount not to exceed: $1,497 d. Dave Jensson, Lieutenant Class/Meeting: Basic Fire Investigation Course Destination: Camp Dodge, Johnston, IA Dates:April 26 - May 1 &May 3-7, 2021 Amount not to exceed: $1,405 2. LIQUOR LICENSES a. Amalgamated Local 838 UAW, 2615 Washington Street Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date:2/28/2022 b. Buzz's Bar, 1016 Maynard Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/14/2022 C. Crossroads Cinema, 2450 Crossroads Blvd. *Ownership Update* Class: Special Class C Liquor New Application Includes Sunday Expiration Date: 3/15/2022 d. Elitte Cafe Bar, 1108 Jefferson Street Class: C Liquor Renewal Application Includes Sunday Expiration Date:2/7/2022 e. Fairfield Inn & Suites, 2134 LaPorte Road Class: B Wine/C Beer Renewal Application Includes Sunday Expiration Date: 9/30/2021 f. Knights of Pythias-Furgerson Lodge #5, 244 Ash Street *Ownership Update* Class:A Liquor w/Outdoor Service New Application Includes Sunday Page 5 of 693 Expiration Date: 1/31/2022 g. Lane's Corner Store, 2027 Falls Avenue Class: B Wine/C Beer/E Liquor New Application Includes Sunday Expiration Date: 3/1/2022 h. Prime Mart, 3535 Marigold Drive Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 1/19/2022 i. Ray's Supermarket, 1975 Franklin Street Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 3/2/2022 j. Sam's Club#6514, 210 E. Tower Park Drive * Ownership Update* Class: B Wine/C Beer/E Liquor New Application Includes Sunday Expiration Date: 3/1/2022 k. Sycamore Convenience, 617-619 Sycamore Street Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 3/11/2022 1. Uni Mart, 1615 Bishop Avenue Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date:2/28/2022 3. APPOINTMENTS a. Robert Bamsey Board/Commission: Leisure Services Commission Expiration Date:March 1, 2024 Re-Appointment b. Jadyn Spencer Board/Commission: Leisure Services Commission Expiration Date:March 1, 2024 Re-Appointment C. Michael Hudson Board/Commission:Memorial Hall Commission Expiration Date:March 31, 2024 New Appointment 4. Recommendation of appointment of Wade Ingamells, from the Civil Service List, to the position of Golf Maintenance II in the Leisure Services Department, effective March 2, 2021. Submitted By:Paul Huting, Leisure Services Director Page 6 of 693 5. Motion approving Change Order No. 7 with Cardinal Construction Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 6. Exception to Burning Yard Waste Application by Tom Herzmann, on behalf of Cedar Valley Youth Soccer Association, to burn 21 acres of native prairie on the corner of DeWitt Road and W. Ridgeway Avenue, March 20 - May 10, 2021. Submitted By: Lt. Brock Weliver, Interim Fire Marshal 7. Exception to Burning Yard Waste Application by Sharon Stiles to burn up to 18.81 acres of native prairie on their farmland located at 4335 Logan Avenue during the month of April 2021, weather permitting. Submitted By: Lt. Brock Weliver, Interim Fire Marshal PUBLIC HEARINGS 2. Request by the City of Waterloo to rezone approximately 17.50 acres from "A-1" Agricultural District and "M-1" Light Industrial District to "C-P" Planned Commercial District and "B-P" Business Park District located at 700 Falls Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of approximately 17.50 acres from"A-1" Agricultural District and "M-l" Light Industrial District to "C-P" Planned Commercial District and`B-P"Business Park District, located at 700 Falls Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director 3. Adoption of the University Avenue Area Urban Renewal and Redevelopment Plan. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Motion to receive, file, consider and pass for the first time an ordinance providing that general property taxes levied and collected each year on all property located within the newly described University Avenue Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, Cedar Falls School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director Page 7 of 693 4. FYE 2022 Budget Maximum Property Tax Levy. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section 384.15A in the amount of $38,259,216, an increase in total collections of $2,912,595, or 8.24%, for the budget year ending June 30, 2022. Resolution setting date of public hearing as March 25, 2021 to approve the FYE 2022 budget, and instruct the City Clerk to publish said notice. Submitted By: Michelle Weidner, Chief Financial Officer 5. Sale and conveyance of property generally located near 1010 Fletcher Avenue, to LG Companies, LLC, in the amount of $5,000, and approval of a development agreement with $25,000 in infill incentives, in conjunction with the development of two new twin homes. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of city-owned property to LG Companies, LLC, in the amount of$5,000, generally located near 1010 Fletcher Avenue, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with LG Companies, LLC, for the construction of two new twin homes, with $25,000 in infill incentives, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 6. Sale and conveyance of city-owned property located west of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of $200, and approval of a development agreement including approximately $20,000 in improvements to the abutting house. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of city-owned property located west of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of$200, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Elisa Walker and Bre'onna Walker, for approximately $20,000 for improvements to the abutting house, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director RESOLUTIONS 7. Resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First Addition, a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south of 4245 W. 4th Street, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2020-856. Submitted By:Noel Anderson, Community Planning and Development Director 8. Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a "M-2,P" Planned Industrial District to relocate three buildings on an approved site plan to another location is minor and shall be approved as a Minor Site Plan Amendment, located at 1246 Martin Road. Page 8 of 693 Submitted By:Noel Anderson, Community Planning and Development Director 9. Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a "R-3,R-P" Planned Multiple Residence District to change the approved use of a veterinary clinic to a medical office and beauty salon is minor and shall be approved as a Minor Site Plan Amendment, located at 968 Home Plaza. Submitted By:Noel Anderson, Community Planning& Development Director 10. Resolution approving an Encroachment Agreement with Northern Natural Gas Company, in conjunction with the FY 2021 E. Shaulis Road Trail Extension Project, Contract No. 1012, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel,Associate Engineer 11. Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $97,500, in conjunction with the Five Sullivan Brothers Convention Center Second Floor Meeting Rooms and Adjacent Lobby Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 12. Resolution approving a Professional Services Agreement with Amy Wienands Real Estate of Waterloo, Iowa, in conjunction with the sale of 225 Newell Street, in an amount not to exceed $7,752.20, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 13. Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, in the amount of $297,900, in conjunction with the 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant, and authorizing the Mayor to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 14. Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed February 1, 2016, in an amount not to exceed $25,000, in conjunction with the FY 2016 Satellite Raw Wastewater Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 15. Resolution approving Supplemental Agreement No. 4 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $ , in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 16. Resolution approving Supplemental Agreement No. 5 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed August 18, 2014, in an amount not to exceed $75,000, in conjunction with the Dry Run Creek Interceptor Project, Contract No. 877, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 17. Resolution approving request to piggyback on the State of Iowa bid for the purchase of a one Page 9 of 693 (1) 2021 Chevrolet Tahoe from Karl Chevrolet of Des Moines, Iowa, in the amount of $36,455.50, for the Police Crime Lab. Submitted By: Randy Bennett, Public Works Manager 18. Resolution approving request to piggyback from the current open bid originally awarded by council on April 8, 2019, for the purchase of three (3) 2021 (or newer) 119 Explorer Police AWD, 4 Dr. SUVs, from Stivers Ford of Waukee, Iowa, in the amount of$35,088 each, for a total of$105,264, for the Police Department. Submitted By: Randy Bennett, Public Works Manager ORDINANCES 19. Request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of six (6) residential lots for single family homes, on a site previously approved for two (2) duplexes, an increase in the number of approved residential units from four (4) to six (6), located southeast of 2950 Southland Drive. Motion to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of six (6) residential lots for single family homes, on a site previously approved for two (2) duplexes, an increase in the number of approved residential units from four(4)to six(6), located southeast of 2950 Southland Drive. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director EXECUTIVE SESSION Motion to adjourn to Executive Session 20. Executive session regarding collective bargaining, pursuant to §20.16. Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Design Review Board minutes of July 2020. 2. Airport Board Meeting minutes of November 25, 2020. Page 10 of 693 3. Planning, Programming and Zoning minutes of January 2021. 4. Communication from the Building Maintenance Department on the notice of the conclusion of employment for Chris Petersen, Facilities Maintenance Plumber, effective January 15, 2021, with recommendation of approval of payout of$4,234.05 for unused benefits. 5. Communication from the Waterloo Fire Rescue on the notice of the conclusion of employment for Chris Ferguson, Fire Marshal, effective January 22, 2021, with recommendation of approval of payout of$7,558.75 for unused benefits. 6. Communication from the Waterloo Fire Rescue on the notice of the conclusion of employment for Justin Mau, Firefighter, effective February 8, 2021, with recommendation of approval of payout of$134.19 for unused benefits. 7. Communication from the Information Technology Services Department on the notice of the conclusion of employment for Michael Rooff, Programmer/Analyst, effective January 29, 2021, with recommendation of approval of payout of$12,211.96 for unused benefits. 8. Certified List for the position of Golf Course Maintenance 11 for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on January 29, 2021. Page 11 of 693 CITY OF WATERLOO Council Communication Minutes of February 15, 2021, as proposed. City Council Meeting: 3/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of February 15, 2021 Backup Material Submitted by: Submitted By: Page 12 of 693 February 15, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on Monday, February 15, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Ray Feuss, Ward 5 Council Member 159528 - Juon/Grieder that the Agenda, as amended, to correct the language in item 1.A.12 by adding at the end of the resolution, "and receive and file a two-year maintenance bond."; item 1BIa. to read"1 Lieutenant and 9 Sergeants"; and item 1BIb. to read 1 Lieutenant, 2 Sergeants and 8 Officers", for the Regular Session on Monday, February 15, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159529 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, February 1, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. PUBLIC COMMENTS Mr. Boesen shared frustration about the customer service that citizens have experienced since outsourcing services to Republic Services. Randy Bennett, Public Works Division Manager, commented that he has voiced these concerns to Republic Services and that they are working through those issues. Mr. Morrissey commented that at the last council meeting the City Waterloo voted on a development agreement that would lead to the destruction of trees in an established neighborhood. The citizens signed a petition and the council ignored the wishes of the residents. Since that vote, one of the residents has put their home up for sale. He raised several issues regarding the process and decision to sell this land. He added that there is a need for the city to purchase right of way near the intersections of Black Hawk Street and Clark Street. Mrs. Klein shared that Jon Sherbon passed away recently and he was a very active citizen who participated in the city council meeting often. She added that she would like the city council move back to in person meetings. 159530 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159531 - 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 February 8, 2021, in the amount of$1,514,131.01, and February 15, 2021, in the amount $4,338,887.92, 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. 2021-073. Page 13 of 693 February 15, 2021 Page 2 2. Resolution setting date of the budget maximum levy public hearing as March 1, 2021 at 5:30 p.m. to approve the maximum levies as required by state law, and instruct the City Clerk to publish said notice Resolution adopted and upon approval by Mayor assigned No. 2021-074. authorizing ,,1 Dl.,,,.,,.ing Stafftoo auto said dee um en4 4. Motion to receive the City of Waterloo Comprehensive Annual Financial Report for the fiscal year ended June 30, 2020 and place on file. 5. Resolution accepting Meth HotSpots Grant monies from October 1, 2020 to June 30, 2021, in the amount of$20,000, as a sub-recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-075. ^YF , for- w'vorfkpCriofine a by PaFki g 1-n o f Ties Moines, T�,ut,.0 „u the .0 ,,A of$207,966, ccr�Yz •> > > ' in eef��etien with the Water-lee Par-king Aeeess and Gen�fel System Pf-ej by Do Gardner-Genstruetio Go., of Water-lee, Tow.u, in the .0 m of'$263,'760, ; eenjtmetien with r-eplaeemeM of the east and west meehanieal r-eefs at Young Af-ena. 8. Resek4i Completion of Pf-ejeet and Reeemmendation of Aeeeptanee of We rviwork p vriii kvr-Exvav=rtii3", ine., ", lowa, in e amvcrir x > > and r-eeeive and file ., two yea-Fme e bond. 9. Motion approving Final Quantity Stimmafy for-a net deer-ease of$1,922, in eef��etiea wit the FY 2020 Cedar-Rivef-Bladdef-Dam Repairs, GepAfaet No. 996, and a4hef-izing4he 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by J.F. Brennan Company, Inc., of La Crosse, Wisconsin, in the amount of$218,348, in conjunction with the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-076. 11. Motion approving final quantity summary for Peterson Contractors, Inc., for a net increase of $6,798.25, in conjunction with the FY 2020 3200 Block of W. Airline Highway Sanitary Sewer Project, Contract No. 979, and authorizing the Mayor and City Clerk to execute said document. 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of, Reinbeck, Iowa, in the amount of $180,213.75, in conjunction with the FY 2020 3200 Block of W. Airline Highway Sanitary Sewer Project, Contract No. 979. Resolution adopted and upon approval by Mayor assigned No. 2021-077. 13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 4, 2021 and date of public hearing as March 15, 2021, in conjunction with the FY 2021 Commercial St., Katoski Drive, and Hawkeye Road Reconstruction Program, Contract No. 1024, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-078. Page 14 of 693 February 15, 2021 Page 3 14. Resolution approving preliminary specifications, bid documents etc., setting date of bid opening as March 4, 2021 and date of public hearing as March 15, 2021, in conjunction with the FY 2021 Riverfront Stadium Electrical Repair Project, Contract No. 1046, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-079. > 2021, to appr-ove the r-eqtiest by the City ef Water-lee, to rezone appf-exima4elmy 17.50 aef-es from "A 1"Agr4eiih-tifal Distfiet a I"Light Industrial Distr-iet to "G P"Plafmed Gofmner-eial Distr-iet and "B P"Business ParAE Dis4iet, leeated at 700 Falls Avenue, and instmet the City Clerk to p4lish said nefiee-. Agreement with LG Companies, hhG, for-the sale and eenveyanee of eity owned pr-eptq4y leeated near- 10 10 Fleteher-Avenue, in the ametmt of$5,000, and$25,000 in infill ineentives, for-the eonstmetion for-two new twin hemes, and instfuet the City Glefk to p4lish said netiee 17. Resolution setting date of public hearing as March 1, 2021 for the sale and conveyance of city-owned property located west of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of$200, including approximately$20,000 in improvements to the abutting house, with a development agreement, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-080. 18. Resolution approving award of bid to Boulder Contracting LLC, of Grundy Center, Iowa, in the amount of$252,250, approving the contract,bond, and certificate of insurance, in conjunction with the FY 2021 Greenbelt Lake REAP Grant Project, Contract No. 1042, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-081. 19. Resolution approving the request of Roxanne and Guillermo Galvez, for tax exemptions on the construction of a new single family home valued at$350,000, for property located at 2611 Burton Avenue, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-082. 20. Resolution approving the request of Azra Rizvic, for tax exemptions on the construction of a new single family home valued at$390,000, for property located at 1610 Falcon Ridge, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-083. 21. Resolution approving the request of Joshua Dahlen, for tax exemptions on the construction of a new single family home valued at $220,375, for property located at 1410 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-084. 22. Resolution approving the request of Rosemary Jones, for tax exemptions on the construction of a new single family home valued at $290,000, for property located at 3020 Angeles Drive, and located in the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2021-085. b. Motion to approve the following: Page 15 of 693 February 15, 2021 Page 4 1• Travel Requests Name &Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed 1 Lieutenant and 9 Law Enforcement Waterloo, 2/1-28/2021 $3,150 a. Sergeants Executive Development IA Association Supervisor Liability Training b. 1 Lieutenant, 2 De- Escalation Strategies Waterloo, 2/8-10/2021 $15,000 Sergeants, and 8 for Best Outcomes IA Officers 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. The Broken Record, 315 W. C Liquor w/Outdoor Renewal 1/20/2022 x 4th Street Service b. The Comfort Zone, 213 E. 5th C Liquor Renewal 1/17/2022 x Street c. El Patron Family Mexican C Liquor w/Outdoor Renewal 2/28/2022 x Restaurant, 301 E. 4th Street Service d. Grout Museum Special Class C Liquor Renewal 12/14/2021 x e. King Star, 2035 E. Mitchell B Native Wine/C Beer Renewal 1/19/2022 x Avenue 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Marty Freshwater HVAC Mechanical Board February 12, 2024 Re-Appointment for Licensin &Ap eals Jeffrey Thompson HVAC Mechanical Board February 12, 2024 Re-Appointment for Licensing &Appeals General Contractors Board Brandon Schoborg of Licensing, Examiners & February 19, 2024 Re-Appointment Appeals General Contractors Board Casey Gardner of Licensing, Examiners & February 16, 2024 Re-Appointment Appeals General Contractors Board Dan Levi of Licensing, Examiners & February 15, 2024 New Appeals 4. Motion approving Change Order No. 1 from Parking-Inc., of Des Moines, Iowa, for a net decrease of $18,632, in conjunction with the Waterloo Parking Access and Control System Project, and authorizing the Mayor to execute said document. 5 Motion approving Change Order No. 1 from Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$19,211.50, in conjunction with the FY 2020 3200 Block of W. Airline Highway Sanitary Sewer Project,Contract No. 979, and authorizing the Mayor and City Clerk to execute said document.: 6. Motion approving Change Order No. 2 with Woodruff Construction of Madison, Wisconsin, for a net decrease fo $14,235, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modifications Project, Contract No. 994, and authorizing the Mayor to execute said document. 7. Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn the following between March and June 2021: George Wyth Prairie, 15 acres between Wyth Lake and main park road, Prairie/Pollinator areas near entrance of George Wyth - 2 acres, dike along the main Page 16 of 693 February 15, 2021 Page 5 road of the park, approximately 3 acres, prairie at back of park near the Lodge, 2 acres, brush pile in frisbee picnic area, 20 foot by 20 foot, and brush pile behind park shop, 30 foot by 30 foot. Roll call vote-Ayes: Seven. Motion carried. 159532 - Morrissey/Amos 1.A.3. Resolution approving the Iowa Certified Local Government 2020 Annual Report, and authorizing the Mayor and Planning Staff to execute said document. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-086. 159533 - Morrissey/Feuss 1.A.6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Parking-Inc., of Des Moines, Iowa, in the amount of$207,966, in conjunction with the Waterloo Parking Access and Control System Project. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-087. 159534 - Morrissey/Amos 1.A.7. Resolution approving Completion of Project and Acceptance of Work for work performed by Don Gardner Construction Co., of Waterloo, Iowa, in the amount of$263,760, in conjunction with replacement of the east and west mechanical roofs at Young Arena. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Paul Huting, Leisure Services Director,provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-088. 159535 - Morrissey/Amos 1.A.8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Koelker Excavating, Inc., of Marion, Iowa, in the amount of $644,768.50, in conjunction with the Cedar Valley Crossing Subdivision, and receive and file a two-year maintenance bond. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Jamie Knutson, City Engineer, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-089. 159536 - Morrissey/Boesen Motion approving Final Quantity Summary for a net decrease of$1,922, in conjunction with the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and authorizing the Mayor and City Clerk to execute said document. Roll call vote-Ayes: Seven. Motion carried. Page 17 of 693 February 15, 2021 Page 6 Mr. Morrissey requested an overview of the item. Jamie Knutson, City Engineer, provided an overview of the item. 159537 - Morrissey/Boesen Resolution setting date of public hearing as March 1, 2021, to approve the request by the City of Waterloo, to rezone approximately 17.50 acres from "A-1" Agricultural District and "M-1" Light Industrial District to "C-P"Planned Commercial District and`B-P"Business Park District, located at 700 Falls Avenue, and instruct the City Clerk to publish said notice. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-090. 159538 - Boesen/Grieder Resolution setting date of public hearing as March 1, 2021 for the approval of a Development Agreement with LG Companies, LLC, for the sale and conveyance of city-owned property located near 1010 Fletcher Avenue, in the amount of $5,000, and $25,000 in infill incentives, for the construction for two new twin homes, and instruct the City Clerk to publish said notice. Roll call vote- Ayes: Seven. Motion carried. Mr. Boesen commented that he has had discussion with Mr. Anderson about this development. He stated that he is liaison to the Leisure Services Commission and wanted to make everyone aware that the commission does not want tenants to be allowed to park in the Byrnes Park Parking Lot. Resolution adopted and upon approval by Mayor assigned No. 2021-091. PUBLIC HEARINGS 159539 - Morrissey/Grieder that proof of publication of notice of public hearing on a request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P"Planned Multiple Residence District to allow for the development of six (6) residential lots for single family homes, on a site previously approved for two (2) duplexes, an increase in the number of approved residential units from four(4) to six (6), located southeast of 2950 Southland Drive, as published in the Waterloo Courier on February 5, 2021, 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. Kelley Felchle, City Clerk, read a written statement received from the Twin Pines Condo Association. Michael Meaney, 3510 Kimball Avenue, commented that he is a real estate agent for the Beckman Family. A development has been proposed for several years. The Beckman family has gone to great lengths to clear trees, level the ground, and improve the drainage in the area. Next step is to build a detention pond, which will alleviate run off. 159540 - Morrissey/Grieder that the hearing be closed and oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159541 - Morrissey/Grieder Page 18 of 693 February 15, 2021 Page 7 that"an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4,to approve a request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of six (6) residential lots for single family homes, on a site previously approved for two (2) duplexes, an increase in the number of approved residential units from four (4) to six (6), located southeast of 2950 Southland Drive",be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, confirmed that he had explained the plans for development with the Twin Pines Condo Association last summer and stated that the developer's plans to manage run-off concerns will be reviewed once they are received. 159542 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended.Roll call vote-Ayes: One. Nays: Six(Boesen,Morrissey,Klein,Feuss, Grieder,and Juon). Motion failed. Noel Anderson commented that the engineering efforts could be finalized sooner if this is approved tonight. Mr. Morrissey questioned if any other citizens have complained. Noel Anderson stated that the submitted letter from Twin Pines Condo Association is the only the public comment to date. Mrs. Klein commented that this is in her ward and the neighborhood is very concerned about water run-off and that they should be given an opportunity to weight in. 159543 - Amos/Grieder that proof of publication of notice of public hearing on FY 2021 Sanitary Sewer Gatewell Repairs - Phase I, Contract No. 951, as published in the Waterloo Courier on February 1, 2021, 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. 159544 - Amos/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159545 - Amos/Grieder that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-092. 159546 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $3,300,000.00 CONTRACTOR BID BASE BID ALT. 1 ALT. 2 ALT. 3 ALT. 4 SECURITY AMOUNT Woodruff Construction 5% $3,207,061 $112,264 $111,551 $99,830 $56,594 Waterloo, IA WRH, Inc. 5% $3,835,000 $140,000 $140,000 $115,000 $15,000 Amana, IA Page 19 of 693 February 15, 2021 Page 8 Voice vote-Ayes: Seven. Motion carried. 159547 - Amos/Grieder that proof of publication of notice of public hearing on a ten-year agreement for Body/In-Car cameras, Tasers and digital evidence management system with Axon Enterprise, Inc., as published in the Waterloo Courier on February 5, 2021, 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. Latonya Graves, 607 E. Donald Street, commented that she believes the new cameras will help tell the story and eliminate the possibility of human error. She added that this technology will help to rebuild trust and enable the department to better defend the officers when they do not use excessive force. Jamie Sallis, 111 Sherman Avenue, commented that the cameras will help to hold the officers and citizens accountable. The equipment will save time when officers have to write reports and can help to save money on lawsuits. Brent Richmond, 713 Ricker St., stated that he is in support of the item for many of the same reasons shared by other speakers. He added that it will enhance the professionalism of the department and bolster training for the officers. He hoped that red light camera revenue can be used to pay for the equipment. Kevin McCullough, 2420 Kaiser Ct., commented that even though this is very expensive equipment, he believes that we cannot put a price on the safety of citizens and officers. 159548 - Amos/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159549 - Amos/Grieder that"Resolution approving a ten-year agreement with Axon Enterprise, Inc., for body/in-Car cameras, Tasers and digital evidence management, in the amount of $4,077,656.96, paid over the contract period, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Morrissey and Klein). Motion carried. Mr.Boesen expressed his concern of using traffic camera revenue to fund this program. He questioned if Axon offers any credit for the 100 plus Tasers we have purchased over the past three to four years. Joe Leibold, Police Major, commented that he believes there would be no credit, as the Tasers are out of warranty. Mr. Boesen questioned if the command staff needed this equipment and if the number of cameras and Tasers could be reduced for a cost savings. Joe Leibold explained why it is important that the equipment is available department wide and provided a recent example of why command staff should also wear the equipment. Mr. Boesen commented there could be cost savings if another vendor was chosen. Mrs. Juon questioned if the WatchGuard program that Mr. Boesen mentioned was considered. Joel Fitzgerald, Police Chief, confirmed that several vendors were considered and that the numerical value of the overall contract is much closer than you would think. Axon's figures includes the Tasers. The figures other vendors have more closely resemble the actual price of the Axon contract when you factor in purchasing the Tasers from another vendor. Page 20 of 693 February 15, 2021 Page 9 Mrs. Juon questioned if the contract has an exit clause in the event the State of Iowa changes funding for red light cameras. Martin Petersen, City Attorney, provided an overview of the changes to the contract he negotiated with Axon's legal counsel which allows termination if sufficient funds are not appropriated annually; and we can, without cause, terminate the agreement after 60 months, which includes a change in legislation. Joe Leibold added that Taser gave them $28,000 of credit for turning in older equipment. Mrs.Klein commented that besides the uncertainty of continued funding, she learned during her recent ride along that there are problems with the vehicle computers, not the cameras. She agrees that it can be done less expensively as mentioned by Mr. Boesen. She further commented that it is her opinion that you have to have skin in the game when you propose a $4 million dollar program, and that it should come from a chief who has long range plans to be in the city. Mayor Hart commented that the plans and programs put in place are backed by council ordinance so whether it is Chief Fitzgerald or another, the plans will be here regardless. We are talking about equipment that will be used by officers that are here doing work every single day. This is bigger than one chief,because this is talking about changing the way we are doing policing and life safety issues. Mr. Grieder commented that the high price tag of this equipment weighs on him greatly. So too does the events of the summer, and what the legislature may choose to do with funding. He stated that ultimately he supports the program despite the high price tag. Mr. Morrissey commented that he has issues with the fact that the city is picking the most expensive equipment when WatchGuard will do,basically,the same thing offered by Axon. He added that there is a lot of uncertainty surrounding what the city can afford from a budget standpoint and that he wants to hear from the Chief Financial Officer on what impact this will have on the city budget over the course of the contract. Joel Fitzgerald commented on the capabilities of the chosen program. Michelle Weidner, Chief Financial Officer, commented that parts of this program could be incorporated into the operating budget and the Capital Improvement Program. Mr. Morrissey questioned what this purchase would do to the budget in both the long and short-term. Mayor Hart questioned if WatchGuard is offering the same product. Joe Leibold commented that WatchGuard is not the same and that the Tasers would still need to be purchased separately from Axon. Axon is the top of the line and major cities are using them because of their in-car, body worn, Taser and holders. Mr. Amos commented that there are many times when citizens have made false accusations. With this system, we should be able to address these false accusations while keeping our officers accountable. Mr.Boesen questioned if there was a reason why the city did not have a chance to field test the product. Joe Leibold commented they have not field-tested the product. He explained that the chief is familiar with this product and that it has been around for a long time. He said they are comfortable without a field test. Dave Boesen questioned if new holsters are part of the purchase. Joe Leibold confirmed. Dave Boesen questioned who would do the installation of the car equipment. Joe Leibold commented that the Central Garage or possibly Electronic Engineering would do the installation. Page 21 of 693 February 15, 2021 Page 10 Mr. Morrissey questioned if the camera automatically turns on when an officer exits the car and if an officer could manually shut them off. Joe Leibold confirmed and stated that officers are able to turn off the cameras. He provided an example of when an officer would shut them off. He also explained that per police policy, cameras are not to be shut off during police action. Mr. Morrissey again requested comment from the Chief Financial Officer on the effect of the $4.1 million dollar investment to the budget. Michelle Weidner provided comments regarding the impact of the$400,000 per year on the operating budget and the possibility that a portion of the cost, though unknown at this time, might fit into the existing Capital Improvements Program. She further commented that there could be potential savings if it prevents lawsuits. Mr. Morrissey questioned if this has to be approved now or if the council can wait on approving this until council can see how this will affect the overall budget. Mayor Hart questioned if the city spends money on this type of equipment annually. Joe Leibold confirmed and commented on the items that are purchased each year. He commented that the current body cameras are outdated and need to be replaced to keep up with technology. He added that installation is included for the in-car cameras. Mayor Hart questioned if there are random discussions or focus groups with the officers. Joe Leibold commented that the officers are well aware of how body cameras work so field-testing would not have been helpful. It is much more critical on how the information is cataloged and kept. He spoke of the reliability of this product and its cloud based storage system compared to the short battery life of the current cameras, which often don't last an entire shift. Mr. Morrissey questioned if dollars spent would actually come out of FY22 operational and CIP budget. Joe Leibold commented that they would like to start as soon as possible, but confirmed that by the time everything has been ordered, received and installed, it would likely be FY22. 159550 - Morrissey/Klein To postpone until at least March 15th when we see how this fits into the upcoming budget. Roll call vote-Ayes: Two. Nays: Five (Feuss, Grieder, Juon, Boesen, Amos). Motion failed. Mr. Grieder questioned how much time Mr. Morrissey is asking for. Morrissey until at least March 15th when council has had time to digest the upcoming budget proposals. Joe Leibold commented on the importance of moving forward. The community and the officers are asking for reliable equipment. Mr.Boesen commented that he understood that any additional funding for this program was only going to be considered if we lost the Automatic Traffic Enforcement money. Therefore, additional funding considerations would only need to be reviewed if the ATE funds dried up or the state takes a portion of the ATE money. Mayor Hart confirmed. Resolution adopted and upon approval by Mayor assigned No. 2021-093. 159551 - Feuss/Amos Page 22 of 693 February 15, 2021 Page 11 that proof of publication of notice of public hearing on a request by the City of Waterloo to vacate approximately 1.70 acres of excess right-of-way, with the retention of a utility easement, and conveying excess right-of-way to M.T. Co., LLC, for property located south of 3470 West Airline Highway., as published in the Waterloo Courier on February 5, 2021, 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. 159552 - Feuss/Amos that the hearing be closed and recommendation of approval of the Planning,Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159553 - Feuss/Amos that"an ordinance approving a request by the City of Waterloo to vacate approximately 1.70 acres of excess right-of-way, with the retention of a utility easement, located south of 3470 West Airline Highway", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 159554 - Feuss/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 159555 - Feuss/Amos that"an ordinance approving a request by the City of Waterloo to vacate approximately 1.70 acres of excess right-of-way, with the retention of a utility easement, located south of 3470 West Airline Highway",be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5587. 159556 - Feuss/Amos Resolution approving a Property Exchange Agreement with M.T. Co., LLC, to convey approximately 1.70 acres of city owned right-of-way, and authorizing the Mayor and City Clerk to execute said document. Roll call vote-ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-094. RESOLUTIONS 159557 - Klein/Amos that"Resolution approving a Memorandum of Understanding with Elevate Housing Foundation,AKA (CCBHC), to provide embedded Social Worker(s) to the Waterloo Police department", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Grieder applauded the police department and Elevate Housing Foundation for working together on this to help make Waterloo safer. LaTanya Graves, 607 E. Donald Street, commented that she is very supportive of the item. Mr. Morrissey commented that he is a former child abuse investigator for thirty plus years and retired from that job in 2010. He stated that he requested to have a work session on the topic but it was denied and the work session could have occurred the same day. He listed numerous questions about the contract. Major Leibold provided answers to Mr. Morrissey's questions. Page 23 of 693 February 15, 2021 Page 12 Resolution adopted and upon approval by Mayor assigned No. 2021-095. 159558 - Klein/Amos that "Resolution approving the request by Kasim Mustedanagic to name a private street Aidin Way, generally located south of 4245 W. 4th Street", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-096. 159559 - Klein/Amos that "Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement originally executed March 11, 2020, with Willett, Hofmann and Associates, Inc., in the amount of $5,500, in conjunction with the Downtown Traffic Fiber Optic and Camera Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-097. 159560 - Morrissey/Grieder that "Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement originally executed June 22,2020,with Stanley Inc.,of Des Moines,Iowa,in the amount of$8,384.11, to provide Construction Engineering services in conjunction with the Park Avenue Bicycle Signal Improvements Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-098. 159561 - Morrissey/Grieder that "Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed May 20, 2019, in an amount not to exceed$129,800, in conjunction with the FY 2021 Cedar River Marina and Recreational Enhancements Project, Contract No. 1011, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-099. 159562 - Morrissey/Grieder that "Resolution approving a Professional Services Agreement with Ballard*King & Associates, of Highlands Ranch,Colorado,in an amount not to exceed$45,755,to complete an Aquatics Master Plan for the City of Waterloo, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-100. 159563 - Amos/Feuss that"Resolution approving a Service Agreement with ElementsXS, of Syracuse, Utah, in conjunction with a city-wide service-request and asset-management software, in the amount of$50,000 annually, with integration costs of$75,000, and authorizing the Mayor to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Chris Youngblut, IT Director,provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-101. 159564 - Amos/Feuss Page 24 of 693 February 15, 2021 Page 13 that"Resolution approving and accepting assignment and quit claim of sanitary sewer easement from Youngblut Construction Company, located south and east of 777 Isle of Capri Boulevard, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-102. 159565 - Amos/Feuss that"Resolution approving a Development Agreement with Elizabeth Blake,LLC, for an approximate 3,960 square foot addition located at 2003 Westfield Avenue (American Pattern/Zanotti Armor), and four (4) years of property tax rebates at 80 percent and two (2) years at 75 percent for the additional value, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-103. 159566 - Morrissey/Grieder that "Resolution approving a Landlord Consent to Leasehold Mortgage and Estoppel Certificate with Osprey Aviation, LLC, and Community Bank and Trust, for the new hangar constructed at the Waterloo Regional Airport, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-104. 159567 - Morrissey/Grieder that "Resolution approving a Proposed Scope and Budget Addition Contract with Vandewalle and Associates, in the amount of $30,000, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey commented that the council has been requesting that something happen on the North side of the river. He questioned why this has not yet happened and what the additional payment is going to do for the city. Mayor Hart provided an overview of the item. Noel Anderson, Community Planning and Development Director, added that they will be doing work by the hour. Mr. Morrissey questioned how the council will know the product for the price tag. Mayor Hart explained there will be an update. Resolution adopted and upon approval by Mayor assigned No. 2021-105. 159568 - Morrissey/Grieder that "Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in the amount of$2,500, to complete a Phase I Environmental Site Assessment of the South Waterloo Business Park U.S. Highway 20/Ansborough Avenue, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-106. ADJOURNMENT 159569 - Juon/Grieder that the Council adjourn at 8:05 p.m. Voice vote-Ayes: Seven. Motion carried. Page 25 of 693 February 15, 2021 Page 14 Kelley Felchle City Clerk Page 26 of 693 CITY OF WATERLOO Council Communication Swearing in of three(3)Waterloo Fire Rescue Fire Recruits - Jeremy Fuller, Dustin Stotler and Ayala Reese. City Council Meeting: 3/1/2021 Prepared: SUBJECT: Swearing in of three(3) Waterloo Fire Rescue Fire Recruits - Jeremy Fuller, Dustin Stotler and Ayala Reese. Submitted by: Submitted By:Pat Treloar, Fire Chief Page 27 of 693 CITY OF WATERLOO Council Communication Resolution approving cancellation of special assessments for properties located at 1804 E. 4th Street, 413 Wellington Street and 2929 Spruce Lane, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 3/1/2021 Prepared:2/8/2021 ATTACHMENTS: Description Type ❑ BHCo cancellation request Backup Material ❑ BHCo cancellation request Backup Material Resolution approving cancellation of special assessments for properties SUBJECT: located at 1804 E. 4th Street, 413 Wellington Street and 2929 Spruce Lane- and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By:Kelley Felchle, City Clerk 1804 E. 4th Street- $935 413 Wellington Street- $1,638 Summary Statement: 2929 Spruce Lane- $17.32 Storm Water Fees /$85.06 Garbage Fees (6/18) 2929 Spruce Lane- $34.64 Storm Water Fees /$170.12 Garbage Fees (6/19) Background Information: BHCo Tax Supervisor, Lois Matt, requested cancellation of these specials. Page 28 of 693 �s Tax Charge Information Sheet Black Hawk County, IA - Treasurer Amount Due if Paid By: 04/30/2020 21 316 E 5th Street, Room 140 a waterloo, IA 50703 21 (319) 833-3013 CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 parcel Numfsee $ 1137902 Setu# 1$04 E4TH 5T thirrier� CITY�F WATt C1f3 = Legal: MAN511NS SfCONO`ADt�1TIi3N W: 96 ET iC3T 1 BLif 6 Taxes Due 1st Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest Costs Total Due 2015 Tax 036369.0 $0.00 $0.00 $204.00 $110,00 $0.00 $314.00 2016 Tax 036369.0 $0.00 $0.00 $206.00 $74.00 $4.00 $284.00 2017 Tax 035369.0 5200.00 $54.00 $200.00 $36.00 $4.00 $494.00 2017 Special WA91-20170621.00 036369.1 $223.45 $10100 $0.00 $0.00 $5.0D $329.45 "4 2017 Special WA91-20170621-01 036369.2 $100.00 $45.00 $0.00 $0.00 $5.00 $150.00 2017 Special WA93-20170621-00 036369.3 $165.55 $75.00 $0.00 $0.00 $5.00 $245.55 2018 Tax 036369.0 $202.00 $18.00 $202.00 $0.00 $13.00 $422.00 2020 Special WA91-20190807-00 $85.00 $0.00 $13.00 $0.00 $5.00 $90.00 2020 Special WA93-20190807-00 $115.00 $0.00 $0.00 $0.00 $5.00 $120.00 , Total Taxes Due for Parcel Number 891313379012: $1,091.00 $293.00 $812.00 $220.00 $33.00 $2,449.00 Tax Charge Summary for 1 Parcel 3 Total Unpaid Charges: First Half Due: $1,417.00 Second Half Due: $1,032.00 Total Dus: $2,449.00 Grand Total Unpaid: $2,449.00 U1 -3 7_yq;� a'4_6 lr_.rLJ�- 4-.,Lr)It- Ir (I'Inc . � 0 AIt,5r2020 8:-18;50 A-M �- --�Amounts are subject to change Page 29 of 693 n Tax Charge Information Sheet Black Hawk County, IA - Treasurer Amount Due if Paid By: 04/30/2020 316 E 5th Street, Room 140 Waterloo, IA 50703 (319) 833-3013 CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 arcetNu � � ti2� xa4 Suis =_'1 � fir; Owner r;Tf OF W7 ERL{00 ;+ E�eget :i t li35A3btfJohlb'CvuN't l #IOl t31/11QFtt?T'i2 Taxes Due lst Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest Costs Total Due 2008 Tax 051282.0 $244.00 $461.00 $244.00 $439.00 $4.00 $1,392.00 2609 Tax D51282.0 $250.00 $428.00 $250.00 $405.00 $4.00 $1,337.00 2010 Tax 051282.0 $259.00 $396.00 $259.00 $373.00 $4.00 $1,291.00 2011 Tax 051282.0 $250.00 $338.00 $250.00 $315"00 $4.00 $1,157.00 2012 Tax 051282.0 $254.00 $297.00 $254.00 $274.00 $4.00 $1,083.00 2012 Special WA91.20120628-00 051282.1 $85.00 $115.00 $0.00 $0.00 $5.00 $205.00 2012 Special WA91-20120628-01 051282.2 $230.00 $311.00 $0.00 $0.00 $5.00 $546.00 2013 Tax 051282.0 $282.00 $279.00 $282.00 $254.00 $4.00 $1,101.00 2013 Special WA35-20130128-00 051282.1 $29.00 $38.00 $0.00 $0.00 $5.00 $72.00 2013 Special WA35-20130128-01 051282.2 $47.00 $79.00 $0.00 $0.00 $5.00 $131.00 2013 Special WA91-20130624-00 051282.3 $215.00 $252.00 $0.00 $0.00 $5.00 $472.00 2014 Tax 051282.0 $289.00 $234.00 $289.D0 $208.00 $4.00 $1,024.00 2014 Special WA35-20130128-01 051282.1 $47.00 $63.00 $0.00 $0.00 $5,00 $115.00 2015 Tax 051282.0 $284.60 $179.00 $284.00 $153.00 $4.00 $904.00 2015 Special WA35-20130128-01 051282.1 $47.00 $45.00 $0.00 $0.0o $5.00 $97.00 2016 Tax 051282.0 $287.00 $129,00 $287.00 $103.00 $4.W $810.00 2017 Tax 051282.0 $279.00 $75.00 $279.00 $50.00 $4.00 $687.00 2018 Tax 051282.0 $281.00 $25.00 $281.00 $0.00 $0.00 $587.00 Total Taxes Due for parcel Number 891326255024: $3,659.00 $3,744.00 $2,959.00 $2,574.10 $75.00 $13,011.00 Tax Charge Summary for 1 Parcel Total Unpaid Charges: First Half Due: $7,478.00 Second Half Due; $5,533.00 Total Due: $13,011.00 Grand Total Unpaid: $13,011.00 4121/2020 11:31:25 Alii �rnounts are subjikt to change Page 1 Cr s. Page 30 of 693 n ,� F Tax Charge Information Sheet Black Hawk County, IA - Treasurer Amount Due if Pald By: 02/01/2021. c 316 E 5th Street, Paom 140 Waterloo,IA 50703 (319) 833-3013 SCHULER, KIMBERLY K 2929 SPRUCE LN APT 14 WATERLOO, IA 50703 pdY�'iyl�IU3iib r m yts7 d� i, r y i 'Yd j � .L vi P.0 r','��fi s K k` i �° s a `�{{Legbl} (3l Ef;alf &UBi�UIiQII,IATS 1 22 ENC AlSii�Ff1 a • s:F��.� � .' �c;�-• Y �' a .y� `�� t , �r� .�U�PEC/k�,"fE•O�IAND O�N��t� �AD1¢�E�2rRUN 5ll13���'Ci�L'��•55ED �1,r Taxes Due 1st Half 2nd Half Additional Year Type Bill Number lit Half Tax Interest 2nd Half Tax Interest costs Total Due 2017 Tax 034012.0 $61.00 $22,00 $61.00 $16.00 $4.00 $164,00 2018 Tax 034012,0 $61.00 $11.00 $61.00 $5.00 $0.00 $738,00 2018 Special WA86.20180630-00 034012.1 $17.32 $6.00 $0.00 $0.00 $5,00 $28,32 2018 Special WA89-20180630-00 034012.2 $85.06 $31,00 $0.00 $0.00 $5.00 $121.06 2019 Special WA86-20190630-00 034012.1 $34,64 $6.00 $0.00 $0.00 $5,00 $45.64 2019 Special WA89-20190630-00 034012.2 $170.12 $31.00 $0,00 $0,00 $5,00 $206.12 2019 Tax 275257 $61.00 $4,00 $61.00 $0,00 $0.00 $126.90 Total Taxes Due for Parcel Number 891308101014: $490.14 $111.00 $183.00 $21.00 $24.00 $82914 Tax Charge Summary for_1 Parcel Total Unpaid Charges: L First Half Due; $526,14 Second Half Due; $204.00 Total Due: $829,14 Grand Total Unpaid: $929,14 1/21/2021 2:,i9 33 P Amounts are subject to change _ p60e t or 1 Page 31 of 693 F r= r j ' w ire mw ri . � K w Nancy Higby 2J( From: Lois Matt <Imatt@blackhawkcounty.iowa.gov> 7,#-77) Sent: Thursday, February 11, 2021 10:48 AM To: Nancy Higby; carla.manahl@waterloo-iowa.org Subject: Question Attachments: treasurer@co.black-hawk.ia.us_20210211_114156.pdf; 891308101014006001 jpg Follow Up Flag: Follow up Flag Status: Flagged Please double check as to why the City assessed a storm water and garbage assessment on a garage in a mobile home park. Please correct as soon as possible. A copy of the tax bill and a picture of the property are attached. Thanks. Black Hawk County converted to a new email address domain. My new email is: Imatt@blackhawkcounty.iowa.gov Please update your contact list. Have a great day! Lois Matt Property Tax Supervisor Black Hawk County Treasurer Phone 319-833-3184 Fax 319-833-3182 A diamond is a chunk of coal that did well under pressure-unknown NOTICE: Subject to the requirements of the Iowa Open Records Law,this message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C.Subsection 2510-252, and contains information intended for the specified individual(s) only.This information may be confidential. If you are not the intended recipient or an agent responsible for delivering this message to the intended recipient,you are hereby notified that you have received this message in error and that any review, dissemination, copying or the taking of any action based on the contents of this message may be prohibited. If you have received this message in error, please notify us immediately by e-mail and delete this message. 1 Page 33 of 693 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, for a community block party to held in the parking lot located at 3622 Hammond Avenue, on June 12, 2021, from 10:30 a.m. to 3:30 p.m., in conjunction with a praise and worship event, along with a live band and use of a PA system. City Council Meeting: 3/1/2021 Prepared:2/11/2021 ATTACHMENTS: Description Type Variance to Noise Ordinance Application- Crossroads Backup Material Community Church Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, for a community block party to held in SUBJECT: the parking lot located at 3622 Hammond Avenue, on June 12, 2021, from 10:30 a.m. to 3:30 p.m., in conjunction with a praise and worship event, along with a live band and use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 34 of 693 FOR VARLA-NCE TO NOISE ORDINANCE APPLICANT'S NAME: Cape, ,S(Lrx%AS C% cn-�– APPLICANT'S ADDRESS: APPLICANT'S PHONE#: -3 - D,33 -- LA 3 S 9 AN'T'ICIPATED DATE OF VARIANCE: NAME OF EVENT: ,rv�m�1.-a- Lam, ct a2 TTMES OF DAY OF VARIANCE: -�0'. 30 A m, -_3 30 p � GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 5 b- 4 PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE ANIS BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED Tm NOISE ORDINANCE, SUCH AS A BAND PLAYING,PA SYSTEM,ETC. c),r- -��,e b ofL Applicant's Signature Date CITY COUNCIL ACTION: Police Dept.Recomuzendation APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Z) Page 35 of 693 CITY OF WATERLOO Council Communication Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of $300, from Broadway Liquor, 821 Broadway Street, Waterloo, Iowa, for sale of tobacco to minor violation- first offense, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/1/2021 Prepared:2/15/2021 ATTACHMENTS: Description Type Resolution approving Order accepting Acknowledgment/Settlement SUBJECT: Agreement and check in the amount of$300, from Broadway Liquor, 821 Broadway Street, Waterloo. Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Martin M. Petersen, City Attorney Recommended Action: Approve Order Accepting Acknowledgment/Settlement Agreement-First Violation and accept penalty in the sum of$300.00 from Broadway Liquor. Page 36 of 693 CITY OF WATERLOO Council Communication Resolution approving acceptance of improvements of Lincolnshire Addition, submitted by Clapsaddle-Garber Associates, Inc., and performed by Midwest Development Company, Rathje Construction Co., and Central States Concrete, LLC, and file two-year maintenance bonds. City Council Meeting: 3/1/2021 Prepared:2/16/2021 ATTACHMENTS: Description Type ❑ Statement of Completion and MBonds Backup Material Resolution approving acceptance of improvements of Lincolnshire Addition, SUBJECT: submitted by Clapsaddle-Garber Associates, Inc., and performed by Midwest Development Company, Rathje Construction Co., and Central States Concrete, LLC, and file two-year maintenance bonds. Submitted by: Submitted By: Dennis J. Gentz, PE,Assistant City Engineer The improvements required as a condition precedent to the approval of Lincolnshire Addition, Waterloo, Iowa; namely paving(Central States Concrete, LLC), the installation of storm and sanitary sewer(Rathje Summary Statement: Construction Co.), and Midwest Development Company(Grading, Subase ad Topsoil within the Right of Way)have been completed in substantial conformance with the construction plans, standards, and requirements of this office. Page 37 of 693 Engineer 's Statement of Completion Project: Lincolnshire Addition Waterloo,Iowa Developer: Midwest Development Company 411 1 st Ave, SE Cedar Rapids,IA 52401 To City of Waterloo,Iowa: I hereby state that the construction of the Lincolnshire Addition public improvement portion of the project has been substantially completed in general compliance with the site construction plans. CLAPSADDLE-GARBED ASSOCIA'T'ES,INC. a' L Adam C Daters,P.E. Date: 1211.7120 Iowa License No. 19579 Distribution: Engineer City of Waterloo CGA PN 5774 Page 38 of 693 HAINTEINAKE BOND Bond No, 54234772 KNOW ALL MEN BY THESE PRL8I3NTS,, That, Central States Concrete,LLC of Marion,Iowa as Principal,and the United Fire&Casually Company 15.80rety, are held and firmly bound unto City of Waterloo,Iowa in the penpl 541ttt of Seventy-seven Thousand Five Hundred-Sixty-eight And Noll 00 ($ $77,568.00 } Dollars,lawful money of the United States of America,for the payrnent of which,well and truly to he made, the Prikipal Rod Surety bind thetrivIves,their and eacit of their heirs,executors,administrators, successors and assigns,jointly And severally,Firmly by these pkisents. Whems,the said principal;entered into a certain tentract.with Rathle Construction_Co. To furnish all the material and labor necessary for the construotiun of 2,020 SY of 7"PCC Paving In connection with Lincolnshire Road In the City of Waterloo,Iowa it: Waterloo,Iowa lu conformity with certaitl specifiCaftng;and Whereas,a furlher c:undition of said COMM is that the said Principal should furnish a bond in indemnity,guarantoeing to remedy any defects in workmanship or materials that may doveiop in said work within a period.of two(2) years from the date of acceptance of the work un&r...said cottttact;and Whereas,the said United Fire&Casualty Company fora valuable consideration, has&gaud to.join with said Principal in such bond or guarantee,indemnifying said City of Waterloo,Iowa Now,therefore,thL,condition of this obligation is Such,thar if the sad Principal shall,at his o-wn cost and expanse,remedy any and all def ots that may develop in said work within the period ai two(2) years from the dale of acceptance of the work under said coutraet,by reason of bad workmanship or poor material used in the construction of said twoxk,and shall keep all work in confinuous good repair daring said period,cad shall iA all other respects.comply with all the terms and conditions of said contract with respect to mairiterianto and repair of said work,then this obligation to be null rind void,otherwise to be0 and remain lel full farce and virtu$in law. In'Mirtess whereof, we have hereunto yet out, hands and Se8{5 this 20th day of October , 2020 Central States Concrete LLC Principal 13y, United Fire&Casualty company t Sura Dione R.Young rney-in- ac Page 39 of 693 UNITED DIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 11S Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 Ulf g1m CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That UNITED FIRE&CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa;UNITED FIRE&INDEMNITY COMPANY,a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint CRAIG E.HANSEN,JAY D.FREIERMUTH,BRIAN M.DEIMERLY,CINDY BENNETT,ANNE CROWNER,TIM MCCULLOH,STACY VENN,SHIRLEY BARTENHAGEN,DIONE R.YOUNG,KEVIN J.KNUTSON,MICHELLE GRUIS,KATHLEEN BREWER,SETH D. ROOKER,SYDNEY BURNETT,EACH INDIVIDUALLY their true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed$100,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed, The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE&CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY. i This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of Directors of UNITED FIRE& CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI—Surety Bands and Undertakings" Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. `\ IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its �,. a„nun"rn,,, uuurxu ti , ;`aa",r�F.Sryr`� ;`,G\`or,INSURr vice president and its corporate seal to be hereto affixed this 151h day of January,2014 °% yat (o' a R?oF7gT,-ntnca CORPORATEZF '"Yap (^r}nrOl[arF. _ •Z. F �__ JE _�;` DULY 2� o•,o_ UNITED FIRE&CASUALTY COMPANY ED FIRE&INDEMNITY COMPANY cs'• 1988 'a: R?;llm%`'� n,;;r n Fl;s�i+`�• �, ,go,..•' FINANCIAL PACIFIC INSURANCE COMPANY IR F.0 State of Iowa,County of Linn,ss: Vice President On 151h day of January,2014,before me personally came Dennis J.Richmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of UNITED FIRE&CASUALTY COMPANY,a Vice President of UNITED FIRE&INDEMNITY COMPANY, and a Vice President of FINANCIAL,PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. a�■ea Judith A.Jones TA Iowa Notarial Seal Commission number 173041 owk My Commission Expires 04/23/2021 Notary Public My commission expires:04/23/2021 J, Mary A. Bertsch,Assistant Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE &INDEMNITY COMPANY,and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 20th day of October 2020 , .N""tilnlulgrlr ,11tlkllllVhJ, „5yu,u[IIIllAh�i J•$�� `�-yr ��\e,thlnrA%q �.� 1C INSUR�rii \F.......... a n°; .'t� r`�•� �'pFPOR,gTyoc`•�. i ?� CORPORATE "r�. cttft It e ° =4i Z�yulY �7 SEAL �� SEAL. tti =6: I9B6 by rr�r'QR RAYlUs �rrh'gcpFLiex`\` .,'•w•:9(1FOP.N�.'tv��� Assistant Secretary, 'r+rnnum�•` RIM I0 `nullnmun5ma"`• IJF&C&UFOIa F�0 of 693 BPOA0049 0913 F' g MAINTENANCE BOND BUrid No, 54234781 KNOW ALLMEN BY THESE PRESHISITS: that, Rathje Construction Co. of Marion,Iowa as Pcineipal,artd the United Fire&Casualty Company as.Surety, are held and firmly bound unto City of Waterloo,Iowa in the penal stint of One Hundred Eight Thousand Seven Hundred Twelve And 501100 ($ $108,712.50 } Dollais,lawful mpnay of the United SIAtes of Amerlca,tot the payment of which,well and truly to he made, the Prinbipal and Surety bind th8msetves,their and each of their heirs,executors,adMini3trators, successol's and assigns,jvintly.and sevorlilly,firmly by those presents. Whereas.the Said Ptineipal entered into a certain contract.with Skogmen Homes To furnish all the material and iabor necessary for the construeuon of Sanitary and Storm Sewer Improvements(384JLF 8"PVC Truss Sanitary,One Sanitary Manhole,One Connection to Existing Manhole,One Major Adjustment to Sanitary Manhole,130 LF 15"RCP Storm,235 LF 18"RCP Storm,190 LF 24"RCP Storm, 29 LF 27"RCP Storm,One 27"RCP FES,One Orlice Plate,1105 LF 6"Subdraln Tile,One Storm Manhole,Four SW-501 Intakes,One SW-502 48"Intake,One SW-502 60"Intake)In connection with Lincolnshire Road In the City of Waterloo,Iowa in Waterloo Iowa Inconformity with certain sw.ific.atiotts;and Whereas,a furiber c:undiaori of said comet it that the said Ptincipal should furnish a band ir) indemnity,guaranteeing to remedy any defects in workmanship or materials that niay davclop ill said work within a periled of two(2) years from the date of acceptance of the work under.said contract;and Wherass,tho=said United Fire&Casualty Company for a valuable considafatioir, has agreed to joist with said Principal in such bond or guarsntee,Indemnifying said City of Waterloo,Iowa Now,therefore,the curzdidon of this obligaiinn is such,that if the said Principal.shalf,RE his ower cost and expense,rcrvedy any and all defects that may develop in said work within the podod of two(2) years from the date of acceptance of the work solder said contract,by reason of bad wpiknianship or poor material used in the Contraction of said Work,and shall keep all.work in continuous gpod repair during said period,and shall in all other resyrcM.cOmply with all the terms and conditions of Said contract with respect to maintenance and regair of said work,then this:vbligatiori to be null and void;titherwiso to be.and remain in still force and virtue in law. in 1V'itness whereof, we have hereunto set out, hands and st:05 this 2nd day of November 2020 R_athje Construction Co. al _ Robert ?=athlle� Presid t United Re&Casually Cortiony ' Surma /Y; Dione R.Young rney-Ill- :@Fc Page 41 of 693 i I UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department f 9A UNITED TIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY T14ESE PRESENTS,That UNITED FIRE&CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa;UNITED FIRE&INDEMNITY COMPANY,a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint CRAIG E.HANSEN,JAY D.FREIERMUTH,BRIAN M.DETMERLY,CINDY BENNETT,ANNE CROWNER,TIM MCCULLOH,STACY VENN,SHIRLEY BARTENHAGEN,DIONE R.YOUNG,KEVIN J.IQNUTSON,MICHELLE GRUIS,KATHLEEN BREWER,SETH D. } ROOKER,SYDNEY BURNETT,EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed$100,006,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE&CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of Directors of UNITED FIRE& CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "ArticleVl—S re Bonds and Undertakings" " Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal, ' when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of E the Companies may at any time revoke all power and authority previously given to any attomey-in-fact. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its CA S` '%., \P�e�tlinJ hN'",i °"'cirisu""'a vice president and its corporate seal to be hereto affixed this 15Er'day of January,2014 �4 "G k� P g�QPG•'pRPOFiq•p CoaronArb UNITED FIRE&CASUALTY COMPANY :r seal , _-� senl Y` 2,o rase UNITED FIRE&INDEMNITY COMPANY •,`� ip c '.,�F 5: `-Y•?u 4\'`'t,. FINANCIAL PACIFIC INSURANCE COMPANY +!![rni�t"�� �rrrrrn[ruuusts't Y State of Iowa,County of Linn,ss: Vice President On 1511 day of January,2014,before me personally came Dennis J.Richmarm A to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of UNITED FIRE&CASUALTY COMPANY,a Vice President of UNITED FIRE&INDEMNITY COMPANY,and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ��a■r.� Judith A.Jones U Iowa Notarial Seal Commission number 173041 Notary Public My Commission Expires 0412312021 My commission expires:04/23/2021 I,Mary A. Bertsch, Assistant Secretary of UNITED FIRE& CASUALTY COMPANY and Assistant Secretary of UNI'T'ED FIRE & INDEMNITY COMPANY,and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 2nd day of November 2020 , E ttuulvr I .....,. ��'I. . RPO c' CO1LPOltArE bL ° [Y71IV0[tA7F: ° =Z..- 002?FQ'.O By. 511 a` 8IF 2••.p `,'��Rrl11111111��``1 i„r''err�Ilrill Pty"1`` `,',��NgHi€,SUHtp�`" Assistant Secretary, OF&c&IIFPag FP of 693 SPOA0049 0913 i MERCHANiT�k BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) P.O. Box 14498, DES MOINES, 1A 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. IAC591500 That Midwest Development Company of CEDAR RAPIDS,IA as Principal, and the Merchants Bonding Company(Mutual) as Surety are held and firmly bound unto the City of Waterloo,Iowa in the penal sum of thirty-seven thousand nine hundred eighty-six ($37,986.00 ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. Signed and delivered this 8th day of January 2021 WHEREAS, the Principal entered into a certain contract,dated the 17th day of December 2020 with the ' t f rni h 1 e material and labor necessary for the construction of Grading,Subbase and Topsoil within tie g�it o�Way. in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract;and ' WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants Bonding Company(Mutual) for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo,Iowa as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work,within the period of 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 and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted.Any obligation beyond this shall be that of only the Principal. Midwest Development Company Principal By Approv Kevin Fittra By �'� G/�cT� Merchants -Bonding Company(Mutual) By' CON 0304(2115) Chad Smeby Attorney-in-Fact /✓ Page 43 of 693 t i c MERCHAN R BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Chad Smehy their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." `The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." 4 In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of January 2021 e�✓�p0*• �Q •' (� �Q(jA •9'+ MERCHANTS BONDING COMPANY(MUTUAL) tiy:GO 4j;. y . Cr•G4 , �4 MERCHANT NATIONAL BONDING,INC. xx: 2003 1933 By �� G.•••......•••/,��.� •,q�j�;... .•41 '.'��r President STATE OF IOWA •��(�//`""'`"'���* ��Y� r's COUNTY OF DALLAS ss. On this 8th day of January 2021 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �a�tAl s POLLY MASON o Commission Number 750576 ,., My Commission Expires January 07,2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC„do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this ath day of January 2021 .,,. Art10Nq :za ea,�•.. x 20113 'x� ' 1933 Secreta c7 , ,��, ;y' ry POA 0018 (1/20) For bond verification contact verify@merchantsbonding.com Page 44 of 693 CITY OF WATERLOO Council Communication Resolution awarding bid to Woodruff Construction, Inc., of Waterloo, Iowa, in the amount of$3,587,300 (Base Bid+Alternates 1, 2, 3, and 4), approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs -Phase I Project, Contract No. 951, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Contract Documents Backup Material ❑ Certificate of Insurance Backup Material Resolution awarding bid to Woodruff Construction. Inc., of Waterloo, Iowa, in the amount of$3,587,300 (Base Bid+Alternates 1, 2, 3, and 4), SUBJECT: approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase I Project, Contract No. 951, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Source of Funds: SRF Funding Page 45 of 693 BID TAB FY2021 SANITARY SEWER GATEWELL REPAIRS PHASE I, CONTRACT NO. 951 Engineer's Estimate: $3,300,000.00 CONTRACTOR BASE BID ALT. 1 ALT. 2 ALT. 3 ALT. 4 BID AMOUNT SECURITY Woodruff Construction 3,207,061.00 112,264.00 111,551.00 99,830.00 56,594.00 5% Waterloo, IA WRH, Inc. 3,835,000.00 140,000.00 140,000.00 115,000.00 15,000.00 5% Amana, IA Page 46 of 693 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2021 SANITARY SEWER GATEWELL REPAIRS-PHASE I CITY OF WATERLOO, IOWA CONTRACT NO. 951 This contract made and entered into this day of 2021, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Woodruff Construction Inc. of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2021 SANITARY SEWER GATEWELL REPAIRS - PHASE I, CONTRACT NO. 951 and furnish all necessary tools, equipment, materials,and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal (includes Base Bid plus Alternates), the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR.4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and substantially complete the project on or before March 31 2022, and fully complete the project on or before April 30 2022, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. FORM OF CONTRACT CONTRACT NO.951 C-1 of 4 AECOM#60549334 FY 2021 SANITARY SEWER GATEWELL REPAIRS-PI66 47 of 693 PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal,which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100%surety bond is required is $3,587,300.00. FORM OF CONTRACT CONTRACT NO.951 C-2 of 4 AECOM#60549334 FY 2021 SANITARY SEWER GATEWELL REPAIRS-PI €46, 48 Of 693 PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as"Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk WOODRUFF CONSTRUCTION INC. Contractor s Title:Jason Rechkemmer, COO Approved by the City Council of the City of Waterloo, Iowa, this day of 2021. ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO.951 C-3 of 4 AECOM 460549334 FY 2021 SANITARY SEWER GATEWELL REPAIRS-P 49 of 693 Bond No.:190042030 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Woodruff Construction Inc. of 1717 Falls Avenue,Waterloo,IA 50701 (the"Principal"), and Liberty Mutual Insurance Company of 175 Berkeley Street_ Boston.MA 02116 (the"Surety"),are held and firmly bound unto the City of Waterloo, Iowa (the"Obligee"), in the penal sum of Three Million Five Hundred Eighty Seven Thousand Three Hundred and 001100 Dollars($3.587.300.00 ), lawful money of the United States,for the payment of said sum in connection with a contract(the"Contract')dated on or about 2021 for the purpose of FY 2021 SanitarV Sewer Gatewel!Repairs,Phase 1 City of Waterloo,IA:Contract No.951 The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default,or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions;or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal;or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding,to consent to each and all of the following matters,without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent(20%)of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PERFORMANCE BOND CONTRACT NO.951 PFB-1 of 2 AECOM#60549334 FY 2021 SANITARY SEWER GATEWELL REPAIRS-PHASE I Page 50 of 693 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF,the undersigned Principal and Surety have executed this Performance Bond as of. 2021 PRINCIPAL SURETY Woodruff Construction Inc. Liberty Mutual Insurance Company Name Name Z zzv r� . r Title: Jason Rechkemrrter. , COO Title:Stacy Venn,Attorney-in-Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds,the following applies to the payment bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PERFORMANCE BOND CONTRACT NO.951 PFB-2 of 2 AECOM#60549334 FY 2021 SANITARY SEWER GATEWELL REPAIRS-PHASEI Page 51 of 693 Bond No.:190042030 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Woodruff Construction Inc. (Name of Contractor) 1717 Falls Avenue.Waterloo,IA 50701 (Address of Contractor) a Corporation _ hereinafter called Principal, (Corporation, Partnership or Individual) and, Liberty Mutual Insurance Company (Name of Surety) 175 Berkelev Street.Boston.MA 02116 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo,Iowa (Name of Owner) 715 Mulberry Street Waterloo IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Three Million Five Hundred EI h Seven Thousand Three Hundred and 001100 Dollars ($ 3,587,300.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2021, a copy of which is hereto attached and made a part hereof for the construction of: FY 2021 SANITARY SEWER GATEWELL REPAIRS -PHASE I CITY CONTRACT NO. 951 WATERLOO IOWA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise,then this obligation shall be void; otherwise to remain in full force and effect. PAYMENT BOND CONTRACT NO.951 PB-1 of 2 AECOM#60549334 FY 2021 SANITARY SEWER GATEWELL REPARIS-Prage 52 of 693 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Three(3) counterparts, each one (number) of which shall be deemed an original,this the day of , 20 21, ATTEST: Woodruff Construction,Inc. Principal (Principal)Secretary (SEAL) s) 17 Fa�I venue Rechkemmer, COO (Address) Waterloo.IA 50701 ass as to Principal 1717 Falls Avenue (Address) Waterloo,IA_50701 Liberty Mutual Insurance Company Surety =� ATTE _ By`--: �.) Stacy Venn, Att •in-FacF ~ 175 Berkeley Street.Boston,MA 02116 Witness as to Surat (Address) 175 Berkeley Street Boston MA 02116 (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds,the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND CONTRACT NO.951 PB-2 of 2 AECOM#60549334 FY 2021 SANITARY SEWER GATEWELL REPARIS-PF'age 53 of 693 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.Not valid for mortgage,note,loan,letter of credit,bank deposit,currency rate,interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832.8240 between 9:00 am and 4:30 pm EST on any business day. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Cral $Hansen.Jay D.Freiercritith.Brian M.Delmorly,CindY Bennett Anne Crow er Stacy Venn Tim McCulloh ShirleyS.Bartenha en Clone R.Youn of the city of West_Des_lufoines,state of Iowa its true and lawful altomey-in-fact,with full power and authority hereby conferred to sign,execute and acknowledge the following surety bond: Principal Name: Woodruff Construction,Inc. Obligee Name: City of Waterloo,Iowa Surety Bond Number: 190042030 Bond Amount:$3,587,300.00 IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an aulhorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of March,2017. INS 40? P4IY iNSV trlsu,qThe Ohio Casualty Insurance Company Q ��r � o�ao z,R°�, Liberty Mutual Insurance Company ra 1919 1, 1991 o Wes mericann Insurance Company r 1912 � � � N a �') SACtltft� �"fy�Fkgb,P`+ Y� AvcrAH* t= By: �..r * * * David .-Carey,Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 301h alty day of March,2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company,The Ohio CasuCompany,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA {q Notarial Seal Teresa Pastelle,Notary Public By- ❑� Upper Marion Twp.,Montgomery County Teresa Pastella, otary Public My Commission Explres March 28,2021 4r. _. Member,PennayNanlaA sacie!ion oFNorarIes This Power of Allwriq is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys- in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and at I undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy or any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 2021 ,"lMS�R PLtY tNSUy �11HSUgq 1912 v a 1919 d C20 1991 r� By a C.Lte el[ AssistaSecretary Page 54 of 693 w DATE(MMIDD/YYYY) AC-aRL)P CERTIFICATE OF LIABILITY INSURANCE 02/24/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-247-7756 CONTACT NAME: Holmes Murphy 6 Assoc - WDM PHONE FAX _[ALC,No Ext: AIC No). E-'MAIL PO Box 9207 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Des Moines, IA 50306-9207 INSURER A: UNITED FIRE 6 CAS CO 113021 I INSURED INSURER B: TRAVELERS PROP CAS CO OF AMER 25674 Woodruff Construction INSURER CAMERISURE INS CO 19488 1890 Kountry Lane INSURER D: INSURER E, [Ft. Dodge , IA 50501 INSURER F: COVERAGES CERTIFICATE NUMBER: 61477445 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP .LTR POLICYNUMBER MM/DD/YYYY MMIDD= LIMITS A X COMMERCIAL GENERAL LIABILITY 60373583 07/01/20 07/01/21 EACH OCCURRENCE S 1,000,000 S CLAIMS-MADE 1 OCCUR DAMAGE TO RENTED] 300,000 PREMISES En occurr X Includes XCU MED EXP(Any one person). S 10,000 X Contractual Liability PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY T PRO- JECT n LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: S A AUTOMOBILE LIABILITY 60373583 07/01/20 07/01/21COMBIN>=DSINGLELIMIT $ 1,000,000 F�acddenl X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per acraden! 5 B X UMBRELLA LIAB X OCCUR ZTJPlOT399622ONF 07/01/20 07/01/21 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN WC209303406 07/01/20 07/01/21 X $ UTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE F-L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) EL DISEASE-EA EMPLOYEO S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: 2021 Sanitary Sewer Gatewell Repairs - Phase 1 - Waterloo, IA - Job ID No. 60549334 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AECOM THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 501 Sycamore Street, Suite 222 AUTHORIZED REPRESENTATIVE PO Box 1497 Waterloo, IA 50704 I USA � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 55 of 693 lhamiltonwdsm 4.1 d'7'/A A C C' CERTIFICATE OF LIABILITY INSURANCE 03/01/2021Yv) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-247-7756 CONTACT NAME: Holmes Murphy & Assoc - WDM PHONE FAX A/C No Ext): A/C No): E-MAIL PO Box 9207 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Des Moines, IA 50306-9207 INSURER A: UNITED FIRE & CAS CO 13021 INSURED INSURER B: TRAVELERS PROP CAS CO OF AMER 25674 Woodruff Construction INSURER CAMERISURE INS CO 19488 1890 Kountry Lane INSURER D, INSURER E: Ft. Dodge , IA 50501 INSURER F: COVERAGES CERTIFICATE NUMBER: 61554853 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 60373583 07/01/20 07/01/21 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES Ea occu"Dence $ 300,000 X Includes XCU MED EXP(Any one person) $ 10,000 X Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PE� 1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 60373583 07/01/20 07/01/21 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR ZUPlOT399622ONF 07/01/20 07/01/21 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION WC209303406 07/01/20 07/01/21 X STATUTE ETPER H AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/M EMBER EXCLUDED? IN I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: 2021 Sanitary Sewer Gatewell Repairs - Phase 1 - Waterloo, IA - Job ID No. 60549334 City of Waterloo is named as Additional insured with respect to the General Liability when required by a written contract per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AECOM THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 501 Sycamore Street, Suite 222 AUTHORIZED REPRESENTATIVE PO Box 1497 Waterloo, IA 50704 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 56 Of 693 chellmanwdsm 61554853 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 15, 2021, to approve a request by DGOGWaterlooia11042020, LLC, to rezone a 3.46 acre property located northeast of 2600 E. Shaulis Road from"A-1"Agricultural District to "C-P"Planned Commercial District with conditions, to construct a new Dollar General Store, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/15/2021 ATTACHMENTS: Description Type ❑ Staff Report Backup Material ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ Flood Plain Map Backup Material ❑ Building Elevations Rendering Backup Material ❑ Plan Set Backup Material ❑ Pictures Backup Material ❑ Application Backup Material ❑ Draft Conditions Sheet Backup Material Resolution setting date of public hearing as March 15, 2021, to approve a request by DGOGWaterlooia11042020, LLC, to rezone a 3.46 acre property SUBJECT: located northeast of 2600 E. Shaulis Road from"A-1"Agricultural District to "C-P"Planned Commercial District with conditions, to construct a new Dollar General Store, 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 March 15, 2021 to approve the request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shaulis Road from"A-1" Agricultural District to "C-P"Planned Commercial District with Summary Statement: conditions to construct a new Dollar General Store, and instruct the City Clerk to publish notice. The Planning and Zoning Commission recommended unanimous approval of the rezone request with conditions at their regular meeting on February 9, 2021. Expenditure Required: None Source of Funds: N/A Page 57 of 693 Policy Issue: Zoning, Land Use and Economic Development. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of agricultural land abutting, and residential across Highway 218, and Summerland Park father south on Dysart Road. Lost Island Water Park and the Isle Casino and Hotel are located approximately'/z mile to the west/northwest, and Lost Worlds Theme Park is under construction across the road to the southwest. With the location along East Shaulis Road, it would appear a suitable location for a neighborhood commercial store. The Shaulis Road Trail is located approximately 2,000 feet west of the proposed rezone area. Currently there are no sidewalks in the area; however the Shaulis Road Trail will be extended eastward to the Dollar General Store and construction will begin within the next few months as part of a RISE Grant that will reconstruct this portion of East Shaulis Road. The proposed Dollar General will also have a 4' sidewalk that will extend from the building to the road, across the street from the Shaulis Road Trail that will be constructed as part of the road reconstruction. It should be a condition to require that the applicant install approaches for a mid-block crossing, and potentially be required to install the crossing including rectangular rapid flashing beacons in the future if determined to be warranted. Sidewalk should also be required to be installed along the frontage of the property, so that it could potentially be connected to the sidewalk and trail system as adjacent parcels are developed. The area of the proposed site is currently zoned "A-1"Agricultural District and has been since adoption of the Zoning Ordinance in 1969. Surrounding uses and zoning: North— Highway 218; Commercial Development with some vacant land, zoned "M-1"Light Industrial District. South—Agricultural land and the under construction Lost Worlds Theme Park, zoned"A-1"Agricultural District; and "C-P"Planned Commercial District. East—Residential area, zoned "M-1"Light Industrial District and "R-1, R- P"Planned One and Two Family Residence District. West—Agricultural land, Lost Island Water Park and Isle Hotel and Casino, zoned"A-1"Agricultural District and"C-P"Planned Commercial District. The property is in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. The structure will be elevated to have a finished floor elevation of 850 feet or one foot above the base flood evaluation. Traffic Operations, the Planning Department, and Engineering Department had a meeting on January 7, 2021 to discuss a traffic simulation for ingress and egress off of E Shaulis Road to the proposed Dollar General. All three departments discussed the traffic simulation and none of the departments Background Information: noted any major concerns regarding traffic generation to and from the site. It was determined that a left turn lane would be required for East-bound Shaulis Page 58 of 693 Road traffic wanting to turn left into the Dollar General, but the turn lane will be installed as part of the proposed reconstruction of East Shaulis Road. There was also mention that the applicant will need to install a street light at their driveway with a specific pole and light approved by the City. In addition sidewalk will be required along the street frontage and pedestrian approaches will need to be constructed on both sides of E Shaulis Road in the event that a pedestrian crossing is needed at a future date, and Dollar General should be required to install the crossing in the future(including painting, signage, and wired rectangular rapid flashing beacons) if such a crossing is determined to be warranted by the City. Therefore, staff recommends that the request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shaulis Road from"A-1"Agricultural District to "C-P"Planned Commercial District to construct a new Dollar General Store be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The masonry-sandstone walls that are brown and gray in color, and a metal-galvalume roof will be compatible with existing buildings in the area. 4. The site will bring a neighborhood commercial use to a tourism destination and north of a residential area that sits along Waterloo's Highway 218 Corridor. And subject to the following conditions: 1. That sidewalk be installed along the frontage of the property. 2. That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons)in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board (list tree/shrub species that are diverse and suitable to climate; update landscape plan to cluster trees with a more natural appearance; group shrubs together within parking lot and near building in a larger bed of mulch; and utilize parking lot islands to better cluster shrubs. 6. That the roof contains a solid color to reduce or eliminate glare. A-1 to C-P Area: That part of Government Lot 4, in Section 12; Page 59 of 693 And That part of the Southeast Quarter of the Southeast Quarter of Section 12, Township 88 North, Range 13 West of the 5th Principal Meridian, in Black Hawk County, Iowa lying Southwesterly of the center line of U. S. Highway Number 218 except that part deeded to the State of Iowa in 538 LD 150. Legal Descriptions: And That part of the Southeast Quarter of the Southeast Quarter Section 12, Township 88 North, Range 13 West of the 5th Principal Meridian, Black Hawk County, Iowa described as follows: Commencing at the Southeast corner of said Section 12; thence South 88 degrees, 43 %minutes West 397.8 feet along the South line of the Southeast Quarter of said Section 12 to the point of beginning; thence continuing on said South line South 88 degrees 43 '/z minutes West 35.5 feet;thence North 49 degrees 56 %minutes West 147.4 feet; thence North 45 degrees 21 '/2 minutes West 128.9 feet; thence North 28 degrees 56 %minutes West 154.2 feet; thence South 44 Degrees 33 minutes East 448.6 feet to the point of beginning. Page 60 of 693 March 15,2021 REQUEST: Request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new Dollar General Store. APPLICANT: DGOGWaterlooia11042020, LLC, 1598 Imperial Center, West Plains, MO, 65775. GENERAL DESCRIPTION: The applicant is requesting to rezone the property in question to construct a 10,640 SF Dollar General Store. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of agricultural land abutting, and residential across Highway 218, and Summerland Park father south on Dysart Road. Lost Island Water Park and the Isle Casino and Hotel are located approximately '/2 mile to the west/northwest, and Lost Worlds Theme Park is under construction across the road to the southwest. With the location along East Shaulis Road, it would appear a suitable location for a neighborhood commercial store. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The request to construct a new Dollar General building and associated parking area is not anticipated to have a negative impact upon nearby properties or land uses. The proposed site is a corner lot in between E Shaulis Road to the south and Highway 218 to the northeast. Access to the site will be off E Shaulis Road, which is classified as a Minor Arterial. Highway 218 is classified as a Principle Arterial. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The Shaulis Road Trail is located approximately 2,000 feet west of the proposed rezone area. Currently there are no sidewalks in the area; however the Shaulis Road Trail will be extended eastward to the Dollar General Store and construction will begin within the next few months as part of a RISE Grant that will reconstruct this portion of East Shaulis Road. The proposed Dollar General will also have a 4' sidewalk that will extend from the building to the road, across the street from the Shaulis Road Trail that will be constructed as part of the road reconstruction. It should be a condition to require that the applicant install approaches for a mid-block crossing, and potentially be required to install the crossing including rectangular rapid flashing NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" PScgrf 6I cif 693 March 15,2021 beacons in the future if determined to be warranted. Sidewalk should also be required to be installed along the frontage of the property, so that it could potentially be connected to the sidewalk and trail system as adjacent parcels are developed. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area of the proposed site is currently zoned "A-1" Agricultural District and has been since adoption of the Zoning Ordinance in 1969. Surrounding uses and zoning: North — Highway 218; Commercial Development with some vacant land, zoned "M-1" Light Industrial District. South — Agricultural land and the under construction Lost Worlds Theme Park, zoned "A-1" Agricultural District; and "C-P" Planned Commercial District. East —Residential area, zoned "M-1" Light Industrial District and "R- 1, R-P" Planned One and Two Family Residence District. West —Agricultural land, Lost Island Water Park and Isle Hotel and Casino, zoned "A-1" Agricultural District and "C-P" Planned Commercial District. DEVELOPMENT The Lost Island Water Park was constructed in the early 2000's and HISTORY: opened in 2001. The Isle and Casino was constructed in the mid 2000's and opened in 2007. The Lost Worlds Theme Park is currently under construction and it is planned to open in 2022. BUFFERS/ SCREENING The applicant will be constructing a shrub and tree buffer on all three REQUIRED: sides of the property. DRAINAGE: Rezoning of the land would not appear to have a negative impact upon drainage in the area as the project notes a detention area and outfall to the east of the Dollar General Store location. FLOODPLAIN: The property is in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011 . The structure will be elevated to have a finished floor elevation of 850 feet or one foot above the base flood evaluation. PUBLIC /OPEN SPACES/ Kittrell Elementary is located approximately 4 miles to the northwest, SCHOOLS: Hoover Middle School is approximately 5 miles to the northwest, and West High is approximately 4.5 miles to the northwest of the project site. Lloyd Randall Park is located approximately 1 mile to the east. NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" PSg@f 62f cif 693 March 15,2021 UTILITIES: WATER, SANITARY SEWER, There is 15" sanitary sewer line located within a 30' sanitary sewer STORM SEWER, easement to the west and a 16" water main along E Shaulis Road. ETC: RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map designates this property as Mixed LAND USE PLAN: Commercial: Medium to High Density Residential; Professional Officials, and Neighborhood Commercial. The proposed land use of neighborhood commercial is in conformance with the Future Land Use Map for this area. The proposed Dollar General Store is also located in a primary growth area as identified in the City's Comprehensive Plan. The Comprehensive Plan cites neighborhood commercial use examples such as small restaurants, neighborhood grocery stores, and convenience stores. The Dollar General Store setup is similar to a convenience store. STAFF ANALYSIS ZONING The applicant is requesting to rezone a 3.46-acre property northeast ORDINANCE: of 2600 Shaulis Road to construct a new Dollar General Store. The "C-P" designation is intended for the residential and commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The C-P zoning will enable the Dollar General Store to have greater flexibility in regards to setbacks, lot configuration, and other parameters associated with building on a triangular lot. The parking lot contains 35 stalls with two of those stalls being reserved for handicap parking. The size of the building is 10,640 square feet, with 8,159 SF of retail floor space. Per the Zoning Ordinance, one parking space is required for every 250 feet of retail floor space. This equates to 33 required parking stalls, and 35 are being provided to meet the requirement. The submitted building materials for the proposed Dollar General Store consist of masonry-sandstone walls that are brown and gray in color, and a metal-galvalume roof. The west and south sides of the building will also have some glass windows. The proposed materials would be compatible with the surrounding area which contains the Isle Casino and Hotel, Lost Island Water Park, and the Lost Worlds Theme Park that is currently under construction. The building also has three proposed signs. The two wall signs are 97.5 square feet and a 20 feet high pylon sign which is 50 square feet. All three signs meet the sign requirements of the Highway 218 Corridor Overlay District and "C-P" Planned Commercial District. The Highway 218 Corridor Design Review Board at their regular meeting on February 1 , 2021 approved the site plan with the conditions that the landscape plan is updated to reflect 4 recommendations by the NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" PSg@M3f cif 693 March 15,2021 Design Review Board and that the roof will be a solid color to reduce glare. Traffic Operations, the Planning Department, and Engineering TECHNICAL Department had a meeting on January 7, 2021 to discuss a traffic REVIEW simulation for ingress and egress off of E Shaulis Road to the COMMITTEE: proposed Dollar General. All three departments discussed the traffic simulation and none of the departments noted any major concerns regarding traffic generation to and from the site. It was determined that a left turn lane would be required for East-bound Shaulis Road traffic wanting to turn left into the Dollar General, but the turn lane will be installed as part of the proposed reconstruction of East Shaulis Road. There was also mention that the applicant will need to install a street light at their driveway with a specific pole and light approved by the City. In addition sidewalk will be required along the street frontage and pedestrian approaches will need to be constructed on both sides of E Shaulis Road in the event that a pedestrian crossing is needed at a future date, and Dollar General should be required to install the crossing in the future (including painting, signage, and wired rectangular rapid flashing beacons) if such a crossing is determined to be warranted by the City. The Planning and Zoning Commission recommended unanimous approval of the rezone request with conditions at their regular meeting on February 9, 2021 . STAFF ANALYSIS SUBDIVISION The applicant plans to subdivide the property once the rezone ORDINANCE: request is approved. STAFF RECOMMENDATION Therefore, staff recommends that the request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new Dollar General Store be approved for the following reasons- 1. easons:1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The masonry-sandstone walls that are brown and gray in color, and a metal-galvalume roof will be compatible with existing buildings in the area. 4. The site will bring a neighborhood commercial use to a tourism destination and north of a residential area that sits along Waterloo's Highway 218 Corridor. And subject to the following conditions: NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" PSg@f 64f cif 693 March 15,2021 1. That sidewalk be installed along the frontage of the property. 2. That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board (list tree/shrub species that are diverse and suitable to climate; update landscape plan to cluster trees with a more natural appearance; group shrubs together within parking lot and near building in a larger bed of mulch; and utilize parking lot islands to better cluster shrubs. 6. That the roof contains a solid color to reduce or eliminate glare. NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" PSgF 65 cif 693 City of Waterloo City Council March 15, 2021 S=� :t R-3 N Z N 20 N� 218 eF< -R'4 FST BELLE ST �R R-P r� m R-2—CRESTR�O OAK RIDGE RD M-1 m C-P C-P R-4, =ISLE OFCq� AOKENTER Orn R-P C-2 oc A-1 ~ A-1 -R-11C- E SHAULI R_1 R-1 R-1 R-3,R-P A-1 R-4 9N2 C) °2 A-1 NA co cn� A CEDAR KNOLL r�O0� LUI C-2 m / o I SPR`AFT(W DR G� t/ t = O A �� 7� 90,Q 0 218 ARBORETUM DR SUMME .- J Ai0 ST ,40 �NNFL mRN9j>p _II - �IO-o LO QUIGBY RD II I I p—X:IPLING RD o II p—ELLINGTON STS O VIOLET DR g—BRISTOL RD E ORANGE RD-= U z N Northeast of 2600 East Shaulis Road w*E Rezone from "A-1" to "C-P" S DGOGWaterloo1104202o LLC ,,000 500 0 ,,000 . . Feet Page 66 of 693 City of Waterloo City Council March 15, 2021 � rn 218 ". y &� i� KEN -ER LN o Y 218 S 9sy� y��cT ycT°ti �ysr 6G �9S,S� �fyN 9Sy�ti tiC�O �'� �T ti QST 218 - Area to be Rezoned j yoTo� { tis TO 218 218 E SHAULIS'RD� E SHAULIS RD E SHq U cTo ysyy�r �\s Ft0 o v tisT �'S,rP 218 �SygG �y0 218 s O 0 S9 # a i Ib N Northeast of 2600 E Shaulis Road w E Rezone from "A-i" to "C-P" s DGOGWaterlooiaiio4202o LLC 300 150 0 300 � � Feet Page 67 of 693 City of Waterloo City Council March 15, 2021 218 0 p GL 9 KENTER LN �� ST 218 N� �9 �9Sy� syitic �, tis T l f iy y� T yN 9Sy�ti�T yT�ti Floodway �N� oti sT - sT 218 \ Area to be Rezoned .� yeti tis .T ,yCr 218 218 �G9 E SHAULIS RD E SHAULIS RD E SHgIj �To L/g,40 QST �q o v 218 �NygG �Q 218 s O �� S�PJ\ Sy�ticT otisr 0 500-Year Floodplain �T Ao a- N Northeast of 2600 E Shaulis Road w E Rezone from "A-1" to "C-P" s DGOGWaterlooiaiio4202o LLC 300 150 0 300 Feet ' Zone AL(100-Year Floodplai#ybge 68 of 693 A B C D D C B A 76-0" 76-0" 25'-4" 25'-4" 25'-4" 25'-4" 25-4" 2S'-4" I I I I I I I I I I I [ I I I I T.O.PARAPET T.O.PARAPET T.O.PARAPET T.O.PARAPET ELEV.=118'-0" 12 ELEV.=118'-0" 12 ELEV.=118'-0" ELEV.=118'-0" - 318 318 — DOLLAR GENERAL T.D.PURLIN T.O.PU114' ELEV.=114'-0" ELEV.=114'-0" B.O.SOFFIT B.O.SOFFIT ELEV.=110'-0" I I I I I I ELEV.=110'-0" T.O.WAINSCOT T.O.WAINSCOT T.O.WAINSCOT T.O.WAINSCOT ELEV.=104'-0" ELEV.=104'-0" ELEV.=104'-0" - ELEV.=104'-0" T.O.SLAB T.O.SLAB T.O.SLAB T.O.SLAB ELEV.=10 7'-6" 12'-0" ELEV.=100'-0" ELEV.=100'-0" .=100'-0" � I I 0. 20'-6" 2' 8" 34'-6" 2'-8" 2'-8" 34'-6" 2'-8" 11 34'-6" 2'-8" 1 EAST ELEVATION 2 WEST ELEVATION SCALE: 118"=1'-0" SCALE: 118"=1'-0" 6 5 4 3 2 1 140'-0" 26'-0" 26'-0" 28'-0" 28'-0" 28'-0" I I I I I I I I T.O.PARAPET T.O.PARAPET ELEV.=118'-0" ELEV.=118'-0" T.O.PURLIN 4 T.O.PURLIN ELEV.=114'-0" ELEV.=114'-0" B.O.5OFFIT ELEV.=110'-0" T.O.WAINSCOT T.D.WAINSCOT ELEV.=104'-0" ELEV.=104'0" I ! I I I I T.D.SLAB T.D.SLAB ELEV.=100'-0" ELEV.=100'-0" � I I 18" 24' 8" 2'8" 24'8" 2' 8" 2b'4" 24'-8" 2'-8" 24'-8" 2'-8" 3 NORTH ELEVATION SCALE: 118"=1'-0" 1 2 3 4 5 6 140'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" I I I I I I I I I I I I T.O.PARAPET T.O.PARAPET ELEV.=118'-0" - - - -� ELEV.=118'-0" DOLLAR GENERAL I B.O.SOFFIT ELEV.=110'-0" -71 T.O.WAINSCOT �J i T.O.WAINSCOT ELEV.=104'-0" ELEV.=104'-0" T.D.SLAB - T.O.SLAB ELEV.=100'-0" - ELEV.=100'-0" 12'-0" 3'-6" 2'-8" 32'-0" 2' 8" 31'-10" 2'-8" 31'-10" 2'-8" 18'-0" 14'-0" 2'-8" 7r r 4 SOUTH ELEVATION SCALE: 118"=1'-0" Proposed Store for: DOLLAR GENERAL Dysart Road (0. 17 Miles Northwest of E. Shaulis Road & U.S. Highway 218) Waterloo, Black Hawk County, Iowa 50701 TORGERSON ARCHITECTURE I REAL ESTATE I DEVELOPMENT Page 69 of 693 846.25 x x X 84 .66 u) 846.43 \" ALTA04SPS LAND TITLE SURVEY + IN S%BL SE1/4 SECTION 12-T88N-R13W X 847.50 CK HAWK COUNTY, IOWA F + \ \ LEGEND ITEMS PURSUANT TO SCHEDULE B SECTION II 846.56 x 846.56 x co U) O = 5/8 Inch X 16 Inch iron stake monument 30 + (capped SJT 13147)-Placed 3. DEED TO STATE. Deed to State of Iowa for road purposes filed September 9, 1953, in 113 LD 177 of the Black Hawk © \ • = Iron stake monument-Found County records. (Does not affect subject property) 11 = Items in Schedule B \ W = Water Main 4. EASEMENT. Electric transmission line easement to Iowa Public Service Company filed April 17, 1961, in 132 Misc. 77 00 x + S = Sanitary Sewer of the Black Hawk County records. (Does not affect subject property) 845.94 ST = Storm Sewer 5. EASEMENT. Sanitary sewer easement to the City of Waterloo filed January 2, 1969, in 1 Ease 403 of the Black Hawk X 845.76 e \ UT = Undergrlound Telephone County records. (Does not affect subject property) 846.'6 \ X = Chain Link Fence 846.51 x 846.46 x x'0 x 845.60 = Hand Hole 6. EASEMENT. Sanitary sewer easement to Youngblut Construction Co., Inc. filed November 17, 1977, in 5 Ease 933 of the Black Hawk County records. The rights to this easement were acquired by the City of Waterloo by an Agreement + \ = Culvert filed January 27, 1978, in 221 Misc 713 of the Black Hawk County records. (Shown) �w sT T = Manholes 845'92 x \ -1272- = Elevation Contour Line SCALE: 1" = 30 7. EASEMENT. Easement for public highway to the City of Waterloo filed July 27, 1979, in 538 LD 147 of the Black 845.75 x + \ 1271.23 = Spot Elevation 0 30 Hawk County records. (Shown) RM 1270.89 = Rim Elevation FL1262.34 = FlowLine Elevation 8. DEED TO STATE. Deed to the State of Iowa filed July 27, 1979, in 538 LC 150 of the Black Hawk County records. x 845.53 + \ 15 60 (Shown) = Deciduous Tree SCALE IN FEET 846.7X 845.51 x 845.67 1 = Concrete Surface 9. EASEMENT. Communications systems easement to Northwestern Bell Telephone Company filed January 31, 1985, AREA 846.25 x 846.01 x x \ + = Gravel Surface 3.46 ACRES ,579 Ft 2) in 8 Ease 638 of the Black Hawk County records. (Blanket easement) 845.84 VICINITY MAP TITLE COMMITMENT 845.31 x \ ABSTRACT NO. A-40396, DATED OCTOBER 23, 2020, BY IOWA TITLE GUARANTY. 04 ENCROACHMENTS NW1/4 NE1/4 M RM844.68 O. y A. Sanitary manhole is 0.7'± east of the easement. � 846.70 x 845.4033.59(N,S) x 845.59 \?�L 846.38 x 846.41 x x x 845.49x !� x845.66 vv � FLOOD ZONE DESIGNATION I� �� 'd III b 845'82 \ 20 1 240 x 845.55 THE SURVEYED PROPERTY LIES IN ZONE X, 0.2%ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1% ANNUAL \ CHANCE FLOOD WITH AVERAGE DEPTH LESS THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN 845.37x �j \ ONE SQUARE MILE AND ZONE AE, SPECIAL FLOOD HAZARD AREAS WITH BFE OR DEPTH, AS SHOWN ON \ SW1/4 FEMA FLOOD INSURANCE RATE MAP COMMUNITY-PANEL NO. 19013C 0308F, EFFECTIVE DATE, July 18, 2011. �� sv� LEGAL DESCRIPTION + LL SITE '9� \ T88N E. AULIS SHRd That part of Government Lot 4, in Section 12; 847.29 846.50x 846.72x x x x x 845.72 \ Scale: 1"-200�� 847.12 o x 845.99 � And x 845.90 A °' � \ !�� That part of the Southeast Quarter of the Southeast Quarter of Section 12, Township 88 North, Range 13 West of the 5th C 0 84s.Ox \\ S \ Principal Meridian, in Black Hawk County, Iowa lying Southwesterly of the center line of U. S. Highway Number 218 Q� 845.47 x + oGT F� except that part deeded to the State of Iowa in 538 LD 150. x 845.63 ►3 UJ Fs�� And in w00 x a4s a2 r\\ 1P \ That part of the Southeast Quarter of the Southeast Quarter Section 12, Township 88 North, Range 13 West of the 5th 00 N Principal Meridian, Black Hawk County, Iowa described as follows: C14 oto cc 847 3 x 845.71 Commencing at the Southeast corner of said Section 12; thence South 88 degrees, 43 '/2 minutes West 397.8 feet along 846.56 x Z x x x x x 846.28 Z + Gs the South line of the Southeast Quarter of said Section 12 to the point of beginning; thence continuing on said South line J 0UJ i= y, South 88 degrees 43 '/2 minutes West 35.5 feet; thence North 49 degrees 56 '/2 minutes West 147.4 feet; thence North 45 w w N 845.65 c%, degrees 21 '/2 minutes West 128.9 feet; thence North 28 degrees 56 '/2 minutes West 154.2 feet; thence South 44 3 V' '� x 845.25 84518 x + I)- \ Degrees 33 minutes East 448.6 feet to the point of beginning. W x 845.37 \ +0 \ N x845.63 SURVEYOR'S CERTIFICATE Q x 845.32 + aPARCEL A \ To The Overland Group, LLC, a Missouri limited liability company, Iowa Title Guaranty and each of their respective 846.95 N + \ successors, assigns, and/or affiliates: 846.62 x x (INCLUDES RAW) 4- 84772 x� x 846.25 x 845.86 NET AREA=3.46 ACRES± !+� M (EXCLUDES R/W) This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 848.° imum Standard Detail Requirements for ALTA/NSPS Land Title Surveys,jointly established and adopted b ALTA x 845.30 84 .38 q Y J Y p Y N w NO BUILDINGS ON SITE + and SPS, and includes items 1, 2, 3, 4, 5, 6, 8, 11, 13, 16, 17 and 18 of Table A thereof. The field work was completed C x 845.24 844.93 ��\�AI N /���j 2 on 12-1 2020. CO X 84540 + \\tti�. •• SG/� Date of Plat or Map: 12-21-2020 Z ;• STEVEN J. G =_ x 845.41 �9 - w THOMPSON m _- M 5F 114 5F 114 SECRON l2-T88N-R13W 0 13147LO - + •; 0 Dec. 28, 2020 846.60 x 846.81 x 8X7 .66 x 845.78 x x 846.06x % *••.••••••..•�* ��� Steven J. Thompson, Registered Surveyor in the State of Iowa Date 847.76 x 845.32 x 845.12 � / OW P ��� Registration No. 13147 845. 3x + //0/01100\ 844.89 x 845.55 x 845.34 X 845.48 co NOTES: The property has direct access to E. Shaulis Road which is a dedicated public roads or highways. ro x 845.50 847.66 x x 846.27 x 845.59 x 845.34 844.81 846.95 x 846.97 x x All public utilities are within easements or right-of-way. 847.62 x 845.67 845.1 { 00 x 845.84 844.61x There is no evidence of recent earth moving work, building construction, or building additions observed � on the day of survey. 41J There is no evidence of changes of the street right-of-way on the day of survey. x 845.55 30 A �xs There is no evidence of wetland delineation markers observed on the day of survey. © RM846.60 FL04.17(N,S) x 845.55 COPYRIGHT 846.00 x 845.25 845 5 This document is the property of Jones, Haugh & Smith Inc. and may not be used, copied or duplicated 847.31 0.7t x 845.91 x 845.09 BENCHMARK 846.78 x x + without prior written consent. SET RAILROAD SPIKE 84711 x 845.73 .ON EASE SIDE OF TREE ROOT x 846.66 NORTH R/W LINE E. SHAULIS ROAD x 844.80 844.86x FI sv.=8�i 8s x8 x x 846.16 No responsibility is accepted for the locations of utilities shown hereon. Verification of actual locations ZFL845.7647.11 N$$°1 ' 6"E 77.40 x 845.78 x 845.53 S �� + 1b lox/ should be requested prior to the commencement of construction or the taking of any other action relying 847 8" CMP x 846859 25 x 846. x S$4°35'44"Ex 846.18 x 845.62 x 845.34 on the actual locations. 46.97 848.12 847.61 846 846.36 846.88 x 39.10 ORTH R/W LINE E. SHAULIS ROAD +v 846.10 x ST - 848�4 7 8 845.67 846.07x x 848.48 ti 845.31 x 845.40 x 845.30 846. _ _ Locations of all utilities shown are approximate. 846.17x g47 a FIELD DRIVE 846 845.69 845.48 �• �84_&42--C - - - - 845.15x T 846.84 W 48.56x 847 x 846.2 x 845.63 844. x 845.79 \ TREE 848.85 1849.1 848 x 315.28 84.5 845.66x G - c - G 845 \ IOWA ONE CALL: 1-800-292-8989 847.99 �n o UTx 848 $°45 G x 845.36 \ x 849.45 848.95 UT 84 -UT UT G x 845.10 � \ 849.07 849 x849.21 _No x849.38_84976 ALTA/NSPS LAND TITLE SURVEY 849.6 x849.0 N 1 � �.SOx 849.51 850 � �� 849.99 849. 844.78x 845.71 x CD � 849.92 845 844.94 845.50 x 845.59 E SHAULIS ROAD 850.03 -850- M N 1 850.45 850.67 x x 845.61 845.71 IN SE1/4 SE1/4 SECTION 12-T88N-R13W 50 26 1 , , ° 850`79 850.20 x 845.29 x 845.35 8 * M yy 844.81 850.07 i SH o ROAD ° 8�0.a ° S` 8 �0° ° _ 845.21 8 - N88 4504E 763.10 BLACK HAWK IOWA x JE 0.53 1° a 8 845.59 COUNTY, � �G z, . •��� 857 � x e45.33 x 8�3 s2 �i 2 < s° 851 93 5 9.04 SE CORNER SE1/4 FOR: THE OVERLAND GROUP, LLC. + - 0 850.39 z, s �8°45'04"E s 845 x 845.59 x 845.46 SECTION 12-T88N-R13W ° 830.42° e o� FOG LINE 8850.96 d , 851.42 x 85 \ SOUTH LINE SE1/4 850.17 ° 850.15 .85p.�2 s ° Fd. CONCRETE MONUMENT X850, �.= --- ° s , ° 850.38 ascso r P s z DY , Ur 84S 844.7ox SECTION 12-T88N-R13W 850.95 1 a ° I ° 850. 1x 1 T A , , 8 84 845.28 Drawn: Job No. 849.83 849.89 • 85 , FOG LINE �° P a 1 ' ��850.�0 ��"ID 81.1 , ° a 851.66 850.5\8 84 848 �� 6 �x 84.59 W W x W W x 845.43 W x W x845.14 SJT 20-414_Alta.dwg 849.92 849.92 850.08U�L/C�Y 850.60 SJ o W° 1 W ° W• W 845.50 845.16 Checked. J O N E S 851.07 �s 84 . W W W W QED/CqT r a ' 50.97 �S a . 20" WATER MAIN SJT 515 South Washington Ave. Datum: W W E� °, ° 851°.38 s , 851.85 � .7 PER WATERLOO WATER WORKS W W R/GyT °, .1 e , .r Date of Field Work: Albert Lea, MN 56007 _ APPROXIMATE LOCATION FROM MAP SW CORNER SE1/4 SE1/4 OF° 850.90 o h'/Gy 1 ° °s, ° 1 a k sso ( ) 12/16/2020 H A U G H 507-373-4876 SECTION 12-T88N-R13W 850.23 SAY , /85515 ° �qY� l 851.22 e \ BENCHMARK Y 20" WATER MAIN x 1 Revised: Survey: PER WATERLOO WATER WORKS Fd. MARK IN CONCRETE 1° ° S �3' ° \ - _ (APPROXIMATE LOCATION FROM MAP) 850.51 °1 ,S° 85 . /max/ 51.52 " < ° 851.97 Set railroads ike on the east side of tree root located north of the E. Shaulis Road " SMITH 415 West North Street SJT s , z �, ° s , \ p Date of Plat or Map: Owatonna,MN 55060 850 ° 85137 , 'FOG"LINE•-f s and approximately 103 more or less west of the southwest corner of subject property. 12/21/2020 Engineers+Surveyors 507-451-4598 Book:Page: 850.66 1 851. ° s Elevation = 847.83 - g FOG LINE ° s °d -x SST.66 • • , BASIS OF BEARING SYSTEM SHEET NO--!--OF 1 SHEETS 8(50.81 ° < �/°51 59 •' , All bearings are based upon the NAD 83 SPCS IA SPCS N. Page 70 of 693 C \ + Cn LEGEND O = 5/8 Inch X 16 Inch iron stake monument (capped SJT 13147)-Placed LU < z 0 • = Iron stake monument-Found + = Items in Schedule B o W = Water Main o LU \ S = Sanitary Sewer Q N \ + ST = Storm Sewer 3: G = Gas Main Q o� 30' 0' 30' 60' UT = Underground Telephone � X = Chain Link Fence L N \+ = Hand Hole Q \ SCALE: 9/NCH=30 FEET = Culvert = Ow ST OS = Manholes w + —1272— = Elevation Contour Line 1271.23 = Spot Elevation O \ RM 1270.89 = Rim Elevation \ FL1262.34 = FlowLine Elevation d' = Deciduous Tree �+ = Concrete Surface \ = ' = Gravel Surface RM844.68 m FL833.59(N,S) \ BENCHMARK Set railroad spike on the east side of tree root located north of the E. Shaulis Road o and approximately 103 more or less west of the southwest corner of subject property. \ Elevation = 847.83 \ + BASIS OF BEARING SYSTEM o All bearings are based upon the NAD 83 SPCS IA SPCS N. I GREEN \ + 6 \ INTED Cn AREA YELLOW STRIPE G % GENERAL NOTES x,� \ AT EDGE OF ti o SIDEWALK 1. THE CONSTRUCTION COVERED BY THESE PLANS SHALL CONFORM TO ALL CURRENT APPLICABLE STANDARDS AND \ �L- SPECIFICATIONS OF THE PUBLIC GENERAL NOTES WORKS DEPARTMENT OF THE CITY OF WATERLOO, IOWA, UNLESS \ 2 OTHERWISE NOTED. o \ 2. ALL WORKMANSHIP AND MATERIALS SHALL BE SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF z CONCRETE DUMPSTER PAD �� WATERLOO, IOWA. W/WOOD FENCE ENCLOSURE 3. PRIOR TO COMMENCEMENT OF WORK, THE CONTRACTOR SHALL NOTIFY ALL THOSE COMPANIES WHICH HAVE FACILITIES IN THE NEAR VICINITY OF THE CONSTRUCTION TO BE PERFORMED. 4. THE CONTRACTOR MAY UTILIZE THE FOLLOWING TOLL FREE PHONE NUMBER PROVIDED BY ONE CALL SYSTEM, Li BOLLARDS, TYP. INC.: 1-(800)-292-8989. THIS PHONE NUMBER IS APPLICABLE ANYWHERE WITHIN THE STATE OF IOWA. C0 �6 '' -9S 5. ALL DAMAGE TO EXISTING UTILITIES SHALL BE REPAIRED BY AND AT THE EXPENSE OF THE CONTRACTOR. w a CONCRETE a:}o- 6. THE CONTRACTOR SHALL UNDER NO CIRCUMSTANCES CLEAR OR DAMAGE ANY TREES OUTSIDE THE CLEARING L m UNLOADING PAD PROPOSED Oj, LIMIT LINE SET BY THE CITY WITHOUT THE WRITTEN PERMISSION OF THE CITY ENGINEER OR PROPERTY OWNER. 3 w DOLLAR GENERAL O �' (0 Cf) TORE S \ 2 7. CLEARING AND GRUBBING OPERATIONS AND DISPOSAL OF ALL DEBRIS THEREFROM SHALL BE PERFORMED BY N \ + Sj• THE CONTRACTOR IN STRICT ACCORDANCE WITH ALL LOCAL CODES AND ORDINANCES. 7Sx RE 8. THE CONTRACTOR SHALL KEEP THE STREETS CLEAN OF MUD AND DEBRIS. Z 10,640 SF �� �F`], 9. THE CONTRACTOR SHALL PLACE MIN. 4" TOPSOIL AND SEED& MULCH ALL DISTURBED AREAS AT THE DIRECTION Prototype E PLUS d'+Cn OF THE CITY ENGINEER. w N With Vestibule `9 s BOLLARDS N I HVAC On Roof �o I g°'Q PAINTED g J o 5 STRIPEQ i �cR: VV rLtj AREA(TYP) N ctI A I z U 0 ti� �5 G OJ Q W GOCl) QP O UI C' O 6' ADA RAMP O WHEELSTOPSONE Z �tio s� O SM — Q Oyo O LANDSCAPING 5 \ : o F9� O ISLAND, TYP. �0Q O O 1 =SOOm292=8989 Z Do []- Ln CONCRETE CURB O + www.iowaonecall.col'Y1 """cai 'uero W 4' CONCRETE 0" \ RM846.60 SIDEWALK I O \ -f- FL834.17(N,S) I UTILITY DISCLAIMER 5 STORM WATER DETENTION AREA, \ + EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY SEE SHEET C2. LIGHTED PYLON SIGN W/ AlD xQ � \ OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS UNDERGROUND ELECTRIC I �Q� GQ��� EDGE OF PAVING ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE + TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. GJ QQ. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND BENCHMARK \ COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED Q SET RAILROAD SPIKE \ ON EASE SIDE OF TREE ROOT w ELEV.=847.8361'R N88°18'16 E — — _ z — z FL845.76 77.40— — — - + 25, — _ S84°3= - - - 20'SETBACK \ SEAL: I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT w O J X 18, CMP R _ ST ST — � 239. 10 \ WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL �I'1 O � N 36' — _ _ SUPERVISION AND THAT I AM A DULY LICENSED �•J J FIELD DRIVE FL845.25 _ _ — — — + PROFESSIONAL ENGINEER UNDER THE LAWS OF THE N w TREE II I — — `L' — — w 8 G G G G G G G G G c STATE OF IOWA. 0. -oT UT UT— S88'45'04"W 315.2 G G G G r r I r r r 4s l Q \ +tr G UT \\���OFESSIONq� �i (SIGNATURE) (DATE) J Ln UTE. SHA UL IS ROAD O UT Q' N —UT Q 2 E. SHAULIS o ROAD e —UTA — — — — — — — — — — — — + _ O USSEL W z: RUSSELL W. DOSS 1°_ 1_ — — — — — — N88°45 04"E 569.04 _ M :: _ UT \ _ m_- LICENSE NO. 20087 _— FOGd LINE �� s z� S,q \ \U � ' MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 r s o Y !'T R�'4' T W FOG LINE Uj W W W W W W W P(JBz/�'LY p _ wa W W �� W //i/ �OV11P`\`�� PAGES OR SHEETS COVERED BY THIS SEAL: C1 THRU C5 �r ,. , E ►►rill D �� �/ 20" WATER MAIN W W W W W W W W /cgTEo R/cyr_o s T PER WATERLOO WATER WORKS r(8I SHEET 20° WATER MAIN J 24"X 48" TRUNCATED F l4iq y o y/Gym \�\�� (APPROXIMATE LOCATION FROM MAP) PER WATERLOO WATER WORKS DOME DETECTABLE s �y �3 \ C 1 (APPROXIMATE LOCATION FROM MAP) S a ' 1 WARNING, SEE SHEET C5.1 Page 71 of 693 I � + I � LEGEND i \- O = 5/8 Inch X 16 Inch iron stake monument I \ (capped SJT 13147)-Placed o I \ • = Iron stake monument-Found Z - I \ � = Items in Schedule B oN W = Water Main W 30' 0' 30' 60' I I \ S = Sanitary Sewer52 Q l I \ + ST = Storm Sewer SCALE. 1/NCH=30 FEET G = Gas Main Q 09 UT = Underground Telephone J + X = Chain Link Fence N - \ = Hand Hole a \ < = Culvert = Ow ST Os = Manholes 5 5 w -1272- = Elevation Contour Line I 1271.23 = Spot Elevation O \ RM 1270.89 = Rim Elevation \ + FL1262.34 = FlowLine Elevation I \ d = Deciduous Tree I + = Concrete Surface = Gravel Surface RM844.68 m I FL833.59(N,S) BENCHMARK Set railroad spike on the east side of tree root located north of the E. Shaulis Road and approximately 103 more or less west of the southwest corner of subject property. N 312 L.F., 10" PVC Elevation = 847.83 z ROOF DRAINBASIS OF BEARING SYSTEM @ 0.51% SLOPE All bearings are based upon the NAD 83 SPCS IA SPCS N. II \ U.S. FL = 848.00 SITE PLAN GENERAL NOTES: D.S. FL = 846.40 w 1. STANDARD PARKING SPACES SHALL HAVE MINIMUM SIZE OF 9'X 20' UNLESS LOCAL \ JURISDICTION REQUIRE LARGER SPACES. PARKING SPACE STRIPING SHALL BE STANDARD 90 \ DEGREE STYLE. MINIMUM SIZE OF H.C. PARKING SPACES AND ACCESS AISLE ARE SHOWN ON \ G DETAILS. Cf) \\ \ y 2. PAINTED STANDARD PARKING SPACE AND ISLAND STRIPE COLOR SHALL BE YELLOW FOR Q ^ G� ASPHALT PAVEMENT AND CONCRETE PAVEMENT. COLOR FOR PAINTED H.C. ACCESSIBLE o / ♦ �� PARKING SPACE STRIPES, ACCESS AISLE OR ISLAND STRIPES, H.C. SYMBOLS, SHALL BE PAINTED PER THE REQUIREMENTS OF THE AUTHORITY HAVING JURSIDICTION. BOLLARDS \ \ \ 20 SHALL BE PAINTED YELLOW. PAINT SHALL BE REFLECTIVE TYPE. p I � z �O \ 4- 3. PAINTED FIRE LANE STRIPING OR PAINTED CURBS SHALL BE PROVIDED AS REQUIRED BY / JURISDICTIONAL REQUIREMENTS. \\\j11 rrr D� / ♦ 4. CONCRETE PARKING STOPS SHALL BE USED AT PARKING SPACES ALONG THE OUTER + \\�.`OFESSIONq� zI \ // ♦ \ PERIMETER OF PARKING LOT WHEN CONCRETE CURBS ARE NOT USED. a I 1 / ♦ (9- 7,Q S 5. CONCRETE PARKING STOPS SHALL NOT BE USED AT THE FRONT OF THE BUILDING OR ALONG _ USSEL :m �oj // ♦♦ 900 \4- y/��� THE PERIMETER (ADJACENT) TO THE BUILDING. _ M\ I I w I / PROPOSED `♦ 02 6. THE SIDEWALK AT THE FRONT OF THE BUILDING SHALL BE A MINIMUM OF 9-FEET WIDE. THE � I S SIDEWALK SHALL INCLUDE A 10-FOOT MINIMUM WIDE ADA ACCESSIBLE RAMP CLOSE TO THE N 1 // DOLLAR GENERAL 0�� � ♦ STORE MAIN ENTRANCE. SIDEWALKS ALONG OTHER SIDES OF BUILDING SHALL BE MINIMUM z II STORE ��Qo ��� S-6" WIDE. SIDEWALKS ADJACENT TO BUILDING SLABS SHALL HAVE SEALED ISOLATION JOINTS ` Q AND SHALL BE 6 HIGH ABOVE EXTERIOR OR PAVEMENT FINISH GRADES. ALL EXTERIOR C I Cn +Oho SIDEWALKS SHALL HAVE A BROOM FINISH. F.F.E. = 850.00 0�0� .�Qob �� C\\\\ \ 7. PORTLAND CEMENT SIDEWALKS SHALL BE MINIMUM 4" THICK WITH WELDED WIRE FABRIC REINFORCING. U ,fig '♦ ?0 1� \ \ J � " N 8. SIDEWALKS ADJOINING THE BUILDING MUST HAVE A 6HIGH INTEGRAL CURB. I o O J o00 I ° � � s° opo• �o. o ♦D \ \ 9. SLOPE CONCRETE SIDEWALKS AWAY FROM BUILDING AT A MINIMUM SLOPE OF 1/8 PER FOOT. R 6f ° A99S AQ �GQ �� O \� \ INCLUDING RECESSED ENTRY. Q ho O z a- O �o�• OO O \ 10. THE ACTUAL LOCATION FOR THE PYLON SIGN SHALL BE SITUATED FOR OPTIMUM VISIBILITY ALONG THE MAIN FRONT TRAFFIC CORRIDOR. Q RIPRAP EROSION \ \ Q I 0�c9 '�50 DO O O Q`5� PROTECTION, 6"-12" \ \ \ 11. BUILDING CORNERS ADJACENT TO PAVED AREAS SHALL BE BOLLARD PROTECTED. ABOVE o o O O \ \ GROUND UTILITY APPURTENANCES, SUCH AS METERS, TRANSFORMERS, FIRE HYDRANTS IN N R ' O ROCK, 12" DEPTH. \ \ 1 0 o 4- PAVED AREAS, ETC. SHALL BE BOLLARD PROTECTED. W 0 0`9c� 8 G R 49 `b�O�cbO 12. DOWNSPOUTS SHALL NOT BE ALLOWED TO DISCHARGE ON CONCRETE SIDEWALKS. ROUTE z DOWNSPOUTS UNDER SIDEWALKS AT ALL SIDEWALK LOCATIONS. Q 13. ALL DOWNSPOUTS DISCHARGING ONTO NON PAVED AREAS ARE TO HAVE A MINIMUM FIVE "' o I 0 QO�O ���� R0�1 O O \ FOOT PERFORATED LANDSCAPE PIPE STRAPPED TO A MINIMUM 12 INCH X 24 INCH CONCRETE z co sr O ` \ \ SPLASH BLOCK. I 6-1 0 O \ \\ 14. FINISH FLOOR TO BE A MINIMUM OF 12 INCHES ABOVE 100 YEAR FLOOD PLAIN. RM846.60 I I I `90 �O O \�\\+ 15. FINISHED GRADE AT EXTERIOR WALLS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR AT FL834.17(N,T) I I cb o �O 0 CO ,�O \ �\ ALL NON-PAVED AREAS. clo Oo SpA• � G'b" q0d �'\ DETENTION AREA I �Op1' �5 �,�Q O TOP BERM = 847.50 OUTLET = 845.50 \ 80 L.F., 18" RCP I I \ O \ \\ @ 1.04% SLOPE \ `� U.S. FL = 845.90 �w D.S. FL = 845.50 I �Q ,�Q �Q DETENTION OUTFALL BENCHMARK I o SEE DETAIL ON SHEET\C5.1 \ \ Q SET RAILROAD SPIKE /� I �� 4�0 \ A\ \ Z ON ON EASE SIDE OF TREE ROOT / CID �QO�O \V A\ Q ELEV.=847.83 // / H \ Z FL845.76 - \ _ - 846 + X - ' \18" C - � - - 847 _ - - - _ - ' > \ SM w O - - s - _ - - - - - - - - - _ 847 - \ O 8� 6. TP 850.00 - _ �_ �� 846 - - + z FIELD DRIVE 45.2 _ _ QQ _ - _ _ - - - - 1 =800492=8989 � o TREE 7 - - �84� _ - =87- - - - - - _ - - - �-- - - - - G - - - G G G G -� l - _ - - - \ _G - _ G G � www iowaonecall com """CallI`below. \` pi UT -UT - G- �_ �r G \ Call uemre Vail a1Y- F SHA ULIS ROAD J 44T - O E SHAULIS s ROAD s 1 s 1° la ° _ _ _ _ _®�_ - = � � _ - - - - - - - - - - + UTILITY DISCLAIMER p FOG°LINE _1 ° - \ \� `� \ \� \ \ EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY zRT �� UT Zg � OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS �U�NE f s ° R�'�� \�� 1� � WWW W w W W W ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE WQ W , ` _ _ _ TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. W W W r.�ED/C'�/E0 - ° � \ �((\� \ 20" WATER MAIN THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SHEET W W w -W Q/G �°° L/ \\�� \� PER WATERLOO WATER WORKS Hr_of s °, (APPROXIMATE LOCATION FROM MAP) SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND REMOVE EXISTING ��4Y o Gy�ij/gY �� �/Z�� COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED 20" WATER MAIN 1 ^ PER WATERLOO WATER WORKS DRIVEWAY AND CULVERT � L (APPROXIMATE LOCATION FROM MAP) s° °� s,' Page 72 of 693 I \ + I I LEGEND O = 5/8 Inch X 16 Inch iron stake monument (capped SJT 13147)-Placed L o I \ • = Iron stake monument-Found Z - I = Items in Schedule B o� W = Water Main E s \ \ 30' 0' 30' 60' S = Sanitary SewerAT Q \ + ST = Storm Sewer SCALE: 1/NCH=30 FEET G = Gas Main Q UT = Underground Telephone 0 X = Chain Link Fence L N = Hand Hole Q \ < = Culvert = Ow ST OS = Manholes w —1272— = Elevation Contour Line 1271.23 = Spot Elevation O \ RM 1270.89 = Rim Elevation \ + FL1262.34 = FlowLine Elevation I d = Deciduous Tree + = Concrete Surface I SILT FENCE AT = Gravel Surface PROPERTY BOUNDARY RM844.68 m I FL833.59(N,S) BENCHMARK Set railroad spike on the east side of tree root located north of the E. Shaulis Road \ and approximately 103 more or less west of the southwest corner of subject property. Elevation = 847.83 z \ + BASIS OF BEARING SYSTEM o All bearings are based upon the NAD 83 SPCS IA SPCS N. I DITCH CHECKS OR 9 P I BIO-ROLL WATTLES, TYP. SOD HATCHED AREA. c) SEED AND MULCH w I \ REMAINDER I \ I G I \ s ICn \ S Q II I \\ ��� ♦♦ `♦ 0FEssloN""'.' I.`' I ` ��� ♦ `� S - USSEL W. .Z w I � 1� ♦♦ m Ld ��i♦ PROPOSED ♦♦ DOLLAR GENERAL . ' �♦ + sJOWN Qf I ♦♦ STORE I Z II a�� I �' �♦ :♦ r• :F.F.E. = 850.00 + I I � i I ♦ \ 4 I ' / / ♦ O v JCD 00 CD00 I I •� � \ + � zN SILT FENCE AT I r n � V Q PROPERTY BOUNDARYME Q I / RIPRAP EROSION \ \\ + / PROTECTION, 6"-12" \ \ o o O. N � ROCK, 12" DEPTH. \ \\ W w °� o \ \ + SILT FENCE AT I ' I ) PROPERTY BOUNDARY W I CONCRETE WASHOUT AREA I I \\ \ o I I •• SOD HATCHED AREA. o SOD HATCHED AREA. Q . SEED AND MULCH \ \ Z .. SEED AND MULCH REMAINDER \ 00 4r I REMAINDER O \ \+ W MIN. 30'X 60' I \ \ CONST. ENTRANCE I I F6 MP 6" STONE + RM846.60 I O. I \ \ FL834.17(N,T) II SWPPP TOPSOIL \ \ clo STOCKPILE \ \ MAILBOX OD ebb`` \ ' ' PORTABLE \ \ \\ \ J z '>' °� ... ..... �..�.. ............. „ RESTROOM V A BENCHMARK .� .. .w � xIxxxxxXxxx \ \ Q Q O SET RAILROAD SPIKE \ i x x x x x x \\ \ + Z ON EASE SIDE OF TREE ROOT / = x x x x x x x x X x x x x x x x Nn ELEV.=847.83 , I 'f PROJECT STAGING x x x x x x x \ f \ O O J :.1.'.'.'.'' x x x x x x x \ W Q X x x x x x x � : G EA s x x x x \ � R FL845.70 : -- ------�- 846 \ + —aX� 847 _ - - - - , — � SM w O w J - — — � s — — — — — — — — — — — . •o-. • . .....�w�,; _ __ 847 � � (D O 06 O 8� 6 —: _ •. • .. .. . _ --------------- FIELD - 846 =80011111111292=8989 _ _ ' DRIVE 45.2 1 8 0 292 8 89 z - __ _ - - - G 0 9 � � TREE i \ — — — — — _ 7- — — _ G G G G G G G Ruuw .41 below. l — —8 _ / — _ — — — _ _ — \ � G G G G � www.iowaonecall.com Q LU w z _ - - - –- — — UT T— — — — — _ ( G -G _ — \ Call uemre Vail a1Y O GUT--a--.UT-- fz � — —� � � _ - - � \ � \ + Q — — - - -- - - - — —_ SHA ULIS ROAD — U LLI 1 a 'SHAULIS ROAD \ UTILITY DISCLAIMER rn ------------- Foc LINE ° ' — �� \ � ` � `— _ _ \ � \ \ \ \ \ EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY �LINE _ RO �� = \ OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS Fo4� �� \1� j \ \ \ W W W w W W ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE w w W PUBL/CZ Y DED/CA j W W W � �r \ -_��W W 20" WATER MAIN J THERE S NOGUARANTEE TO OR DISCOVERED BY RAS O THE ACCURACY ORT EE ENGINEER IN THE T COMPLETENESS OION OF THE IF GS SHEET W W W W W W E� iQ/G \\ \ PER WATERLOO WATER WORKS � \ (APPROXIMATE LOCATION FROM MAP) SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND 20" WATER MAIN) s y�,9y L�� COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED WATER WORKS \ ' C 3 (APPROXIMATE LOCATION FROM MAP) PER WATERLOO v Page 73 of 693 CRUSHED AGGREGATE GREATER THAN 3" NOTES: BUT SMALLER THAN 6" 1. THE MININIMUM LONGITUDINAL SPLICE SEEDING AND MULCHING SPECIFICATIONS OVERLAP SHALL BE 2' WITH A POST C�Oo�o�oFILTER�FABR�IC0,- AT EACH END. ALL DISTURBED AREAS MUST BE REVEGETATED BEFORE TEMPORARY SEDIMENT CONTROLS CAN BE REMOVED. w N a 2. SECURE FABRIC TO POSTS. ORIGINAL GRADE fro 1. GOVERNING SPECIFICATIONS a m POSTS, 4' LONG (MIN.) ENGINEERING ALL SEEDING, MUCHING, FERTILIZING, AND MAINTENANCE SHALL BE IN ACCORDANCE WITH ° @ 5' O.C. (MAX.) FABRIC SECTION 9010 OF THE SUDAS STANDARD SPECIFICATIONS :N 2. TOPSOIL SECTION SEEDBED SHALL BE PREPARED LOOSENING TOPSOIL A MINIMUM OF 6 INCHES. J w \ 3. FERTILIZER O FERTILIZER SHALL BE 13-13-13 (N-P-K) COMMERCIAL GRADE APPLIED AT A RATE OF 200 LBS PER ACRE. FLS SEDIMENT BARRIER 4. SEEDING in SEED MIX SHALL BE TYPE 1 AS SPECIFIED IN THE SUDAS STANDARD SPECIFICATIONS. SEED SHALL BE APPLIED AT A RATE OF 200 POUNDS PER ACRE. SEDIMENT TRAPPING DEVICE (OPTIONAL) X5.MIN. WIDTH TRENCH 5. MULCHING �\� .X \ "Y" = 6" MIN. AND COMPACTED BACKFILL MULCHING SHALL BE APPLIED AT THE RATE OF 1.5 TONS PER ACRE. "X" + "Y" = 12" MIN. /lam CORRUGATED STEEL PANEL (OPTIONAL) m DITCH F�OB SILT FENCE DETAIL 3:Q w o Q o O o o O O o 0 o O o o O NOT TO SCALE oCD � o_ 0 0 0 0 0 0 0 0 0 0 0 0 0 10' MIN OR 0 z AS REQUIRED TO W F7_ O O O O O O O O O O O O O CJ 0 0 0 0 0 0 0 0 0 0 0 0 o ACCOMMODATE 0 Q X ANTICIPATED W W O O O O O O O O O O O O O TRAFFIC, WHICHEVER zIS GREATER O O O O O O O O O O O O O (n Q X � W o o W 24' MIN o I- z WOOD STAKE, 50' MIN 'J SEE DETAIL �111I111/// PLAN ,,.OFESs.1.0 Q9. . <<c• ` USSEL W ' � r _ . Z= m. 41W41 41 CONSTRUCTION ENTRANCE = > J, NOT TO SCALE ' y y v w w w v w w v �WP� �\`a y y y y W \lp III � y y y y Ln 11 00 -A NJ '1 ., NV NV IV IV ct U jjjjjjjjjjjmjm� LL sv NV y o r W NVW W NV W ISI �Y �Y J � L I y y y y y y \ W `� 'n U W NV W W W W y W y � � o NJ y y y y y y y y y , STRAW WATTLE y y y STRAW WATTLES W ,n WOOD STAKE WOOD STAKE, SEE DETAIL ,i y 4, 41 y y y y yLL NV 4, y y 41 y y y y y yWOOD STAKE WOOD STAKE y y y ,, 11 11 11 y y y STRAW WATTLE z y y y y y y y y y y00 \ W IV y y y y y � y W � � IV � � W y y y y y y y W y y y J � � y y � Q ✓V� op F y � ('V ✓ W y y y y y y W W y •� JJJJW W W Y\ W y y y y y y W y y A � J � J � - / �DOW N S/ T14IJ44 r� Op� y W W W y y y\y y y y y y y \ /\\/\ \ /\ /\\\ J Z \11 J' \11W y y y y y SLOPE// SURFACE \ Q O U) v- \W J. J. J•. y y y y III •\\\\\ / \\\\ cn \ J zw 0 IV => w TRENCH \\/D �\ / ww I� O IV � I < w w if J o p O wU 0 cn B 0- R OLLZWATTLE DETAIL NOT TO SCALE SHEET C3 . 1 Page 74 of 693 + LEGEND O = 5/8 Inch X 16 Inch iron stake monument Cn \+ (capped SJT 13147)-Placed • = Iron stake monument-Found ■ ■ = Items in Schedule B W < W = Water Main g + S = Sanitary Sewer °o p 30' 0' 30' 60' ST = Storm Sewer W E \ G = Gas Main w \ + UT = Underground Telephone SCALE: I/NCH=30 FEET BENCHMARK X = Chain Link Fence o Set railroad spike on the east side of tree root located north of the E. Shaulis Road = Hand Hole o 0.1 , \+ and approximately 103 more or less west of the southwest corner of subject property. < = Culvert LLo 2 Elevation = 847.83 sT OS = Manholes N \ BASIS OF BEARING SYSTEM —1272— = Elevation Contour Line Q + All bearings are based upon the NAD 83 SPCS IA SPCS N. 1271.23 = Spot Elevation w RM 1270.89 = Rim Elevation FL1262.34 = FlowLine Elevation \ = Deciduous Tree O = Concrete Surface = Gravel Surface I \ RM844.68 FL833.59(N,S) M LANDSCAPE NOTES: m \+ 1. ALL PLANTING BEDS SHALL HAVE A MINIMUM 3" DEPTH OF MULCH, WITH EDGING AS REQUIRED. y 2. ALL TREES LOCATED IN SOD AREAS SHALL HAVE A MULCH RING AROUND THEM WITH EDGING. N z + 3. ALL PLANTINGS SHALL BE THOROUGHLY WATERED BY THE LANDSCAPE CONTRACTOR AT THE TIME OF THE PLANTINGS. \ 4. MAXIMUM GRADING SHALL NOT EXCEED 4:1. N w >� N 5. CONTRACTOR IS RESPONSIBLE FOR ESTABLISHING ALL VEGETATION AND REGIONAL APPROPRIATE LANDSCAPING. ; •: SOD HATCHED AREA. G y ;- ; SEED AND MULCH REMAINDER LIJ y% Q IRRIGATION NOTES: 20 1. IRRIGATION SYSTEM FOR SODDED AND LANDSCAPED AREAS IS NOT SHOWN BUT SHALL BE DESIGNED AND INSTALLED BY CONTRACTOR. 2. IRRIGATION SYSTEM TO INCLUDE ALL SPRAY HEADS, VALVES AND CONTROLLERS. } 3. LOCATE HEADS A MINIMUM OF 2'-0"FROM EDGE OF PAVEMENT/CURB. `\���oFEgSI0 w % Sti USSEL w' Z= . . tooLU W 2 LANDSCAPING CALCULATIONS- s ' IoW , TOTAL SITE AREA = 150,718 S.F. P�`� LANDSCAPING SYMBOL LEGEND �I81 VEHICULAR USE AREA =22,630 S.F. \: `Cf) ` `.`.`. -I- 2"0VERS TOR YTREE ` \ BUILDING& SIDEWALK AREA = 12,769 S.F. \ 1-1/2"UNDERS TORY TREES STREET FRONTAGE= 1,325 L.F. O. 5 GALLON SHRUBS OPEN AREA = 115,319 S.F. J o00 \ OPEN AREA - 115,319 S.F./ 150,718 S.F. - 76.5/ Ln N \ TOTAL REQUIRED POINTS = .04 * 150,718 =6,029 POINTS g� -MINIMUM POINTS FROM TREES =.65 *6,029=3,919 POINTS Q Q . A ) ,•' ; ;;,; REQUIRED VEHICULAR USE AREA =2 30 5/0 = 32 S.F. 43 S.F. PROVIDE o 11 0 VEHICULAR USE AREA POINTS - 04 *2 _ \ Q ` ` `; 30 - 905 POINTS W L , + 26 •'-'•;• ,; Ln REQUIRED FRONTAGE POINTS = 1,325 1.5= 1,988 POINTS z = _ — -,-,-,•, ,• 30 OVERSTORY TREES 30 80 00 POINTS .•.` * 24 (� O z O � o 40 UNDERSTORY TREES =40 *40 = 1,600 POINTS z _ 00 205 SHRUBS = 10 *205=2,050 POINTS W . TOTAL POINTS =2,400 + 1,600 +2,050 =6,050 POINTS>6,029 REQUIRED RM846.60 FL834.17(N,S) I CID O Q,., \ + :;:.:�5. . : : + ; .; SOD HATCHED AREA. z BENCHMARK ' : SEED AND MULCH SET RAILROAD SPIKE _ _ _ REMAINDER J ON EASE SIDE OF TREE ROOT :.:;: ;: ELEV.=847.83 - -- FL845.76 . . . - - p 46 X . . O . . . . . . . . . . . . . . +�. . . . . . . . . . - - 847 \ SM LLI Q.. Z Q 8' Clvi P — _ 8 \ 0 FIELD DRIVE V — J 45.25 + 1 =800492=8989 - _J l/< TREE 848 _ _ _ — — — — — — G G G G G G G G G G www iowaonecall com KI-E i'''i s below. Q w 'v^ –DT UT UT T — G G G G G C' \ Call 4erore you uiq- ~ V) AUT G G G \ + J G G '/ 0 �� —G �—d—UT_UT E. SHA ULIS ROAD J > Q --� —UT— UT�_�T UTILITY DISCLAIMER E. SHA ULIS ROAD — — — _ — — — — — + 0 s FOG LINE \ OT EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY s oV�a DysgRT \�T OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS 7 w w w ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE FOG LINE \\UT W W W PUBS/CLY s s ° w w w TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. IS NO THE CURACY R THE W w w w w w W QED/CgTEO RSG s -W° 1 w SW 1 ° �T PER WATERL000" WATER WORKS SUCHMAINJ INFORMATION GUARANTEE ALS RESPONSIBILITY BC ITY FOR O HE ACCUORACYTANDSS OF SHEET W W h'T_OF_�gY ,° s o <a /5/�/�y s °° 1 s V'a \UT (APPROXIMATE LOCATION FROM MAP) 20" WATER MAIN lygY° COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED PER WATERLOO WATER WORKS s ° (APPROXIMATE LOCATION FROM MAP) Page 75 of 693 W Z ° °210 W ~ EXCAVATE UNIFORM EDGE LAWN WITH SHARP TOOL dog any °Lo2 o� _ MINIMUM DEPTH OF SHREDDED EXISTING —III—III HARDWOOD MULCH IN PLANTING BED UNDISTURBED li III—III —III SOIL III III III-III- w III1 11= I1 I L I I I1 ' J I1 111 111 111 I EARTHEN EDGING DETAIL Q NO SCALE m 4(12 z 0 y m PLAN VIEW w 0 1-3/4" X 1-3/4" STAKES, 30" w OR MORE IN LENGTH, WITH �� -� 2-#14 GALVANIZED PRUNE ALL DAMAGED, DISEASED o WIRES ENCASED IN 2-PLY OR WEAK BRANCHES. MIN. 1/2" DIA. RUBBER HOSE. REFER TO SPECS FOR REMOVAL. SET TREE 1/8 DEPTH OF BALL 6' MIN. oFessloyq�%,, 20 •' HIGHER THAN ADJACENT GRADEMULCH 6DIAMETER AREA (OR Ag Fg q� ����A USSEL W Z WITH SFTRE96ED I-�A��IV T ON PLANS) - 3' HIGH SAUCER, 8' TO 12' WIDE. _ z= TO MINIMUM 3" DEPTH -1II —_ � — — ......... ' ' . NOT TO EXCEED—\ - -III= - REMOVE TOP 1/3 OF BURLAP. �'��, loWP .� 3: 1 SLOPE flI TOPSOIL MIXTURE: 2/3 EXISTING SOIL 11= =11 1/3 MoPOST OR SOIL MIXTURE REFER TO SPECS ( ) TREE PLANTING DRAIN TRENCH J N ON SLOPE J o00 TREE DETAIL- LESS THAN 3 1 Z2" CALIPER NO SCALE LL LL LL � o W W � ' � Z N � U CLEANLY PRUNE Q ONLY DAMAGED, L z DISEASED OR WEAK oz BRANCHES. " I ORIGINAL GRADE OF LLJ PLANT IN POT TO ' BE THE SAME AS - I 3" DEPTH OF SHREDDED FINISHED GRADE. HARDWOOD MULCH 3" HIGH SAUCER/8"-12"WIDE. 3 CUT SLITS IN ORGANIC 6 III— CONTAINER TO FACILITATE ROOT PENETRATION; IF L.L NON-ORGANIC, REMOVEIIIIII -III—III w LIJ L COMPLETELY UNDISTURBED SOIL 7 0 I LU p (D r TOPSOIL MIXTURE: v o z 2/3 EXISTING TOPSOIL n/ 1/3 MoPOST OR SOIL MIXTURE SHRUB DETAIL (REFER TO SPECS) Q L.LJ (� NO SCALE J J Q 0 p z 0 Q SHEET ksNI. C4 . 1 Page 76 of 693 TREATED PINE (USE GALVANIZED NAILS FOR 2"-4" FASTENING) SPACINGIF ANY PARCEL OF LAND ADJACENT TO THE 4x4 DEMISED PREMISES IS EITHER ZONED FOR STANDARD STATE APPROVED RESIDENTIAL USE OR IS ACTUALLY BEING USED FOR W HANDICAPPED SIGNAGE INSTALLED RESIDENTIAL PURPOSES ("RESIDENTIAL PROPERTY), ON A METAL COLUMN AT THE ULLESSOR SHALL CONSTRUCT o PROPER HEIGHT REQ UIRED. Jo,- FRONT 1X6 2X4 A PRIVACY FENCE IN ACCORDANCE WITH TENANT'S W w N PROTOTYPE PLANS AND ANY APPLICABLE TOP VIEW ORNAMENTAL a REQUIREMENTS ALONG ANY PORTION OF THE o�� DEMISED PREMISES BORDERING UPON SUCH a mN RESIDENTIAL PROPERTY. Of 8'-0" MAX. - :5. PROVIDE ADDITIONAL SIGNAGE POST SPACING BELOW THE HANDICAPPED SIGN AS REQUIRED PER REGULATIONS. w 4x4 4x4 BOLT SIGNS TO GALVANIZED4X4. O METAL PIPE COLUMN 1X6 1X6 m 2x4 2x4 � N z 6" DIAMETER CONCRETE FILLED _ STEEL PIPE BOLLARD, PAINTED YELLOW 0 J (.0 J_ u- Y m M Q N D m 1 1 1 1 1 H I III IIII I III I III III III I I I I I III III III III 11i CONCRETE SURROUND 1I IIIIIIII I11I -III IIIIIII I1=1I 4 MAx -I I1=1I1=1I1=1I1=1I ' Lu I' NOTE: NUMBER OF BOARDS WILL VARY -1 I_I =1 1=1 1 1=1 1=1 1=1 1=1 sPAciN� 11 1=1 1=1 1=1 1= N Qi AROUND PIPE COLUMN -111=III. =III III 111 111=III_ III III-111-N III a 1= DEPENDING ON SPACE BETWEEN -1111= III M II=illi ,Ill=i 1=I1 =SII=III=i I- "' iIl=iTl- �' 111 BOARDS AND ACTUAL WIDTH 0 -1 III_ EMIN , 1--i 1 I- 11 III=11 OF BOARDS. I I I D -II I L- -III 1=1 1 1 I l � ° 111- -III- -1=1=11 -III -III 1=III =III=III- LIJ J) 111 10" -W- Tl IIIIIIIIIIII=III; _ -III- 'I-1 111 111 I I- 1� l l l FRONT VIEW REAR VIEW Li 11 11 WOOD FENCE DETAIL s�� NOT TO SCALE 9�/T \\���� i i r r rriii MIN. BOLLARD WITH H.C. 1:12 MAX ,•�`0FEs.!ON SLOPE Q� Fy / PARKING SIGN o : • USSEL W '•Z BOLLARD DETAIL NOT TO SCALE STANDARD „ ,D,WP�`���``\ p� PARKING SPACE 6 CURB I STRIPING HEIGHT 4"x 6"GUTTER BOLLARD DOWNSPOUT--,.,,,, PAINTED YELLOW V 6”SIDEWALK ti�� �� Ln 2 J CURB (TYP) STEEL PLATE, cp, T 1:12 MAX J o DIAMOND PLATE �i �'' SLOPE •• 00 CID y _ H.C. BLUE PARKING ? z "' •`` - r SPACE STRIPE r Q . ' ct Z ��� U jjjjjjjjjjjmjm� w X � �o, o 0 O. W ON Ln U GUTTER DOWNSPOUT DETAIL ACCESS AISLE W z 1.12 @ SIDEWALK / SLOPE CONCRETE _ MAXIMUM NOT TO SCALE �, SIDEWALK AWAY Q SLOPE YELLOW 6,, F� C ' zo STRIPING A o FROM BUILDING 1/8 PER FOOT Z �r- 6" HIGH CURB SIDE ENTRY DETAIL KPc: D NOT TO SCALE BOLLARD WITH H.C. PARKING SIGN 6" 4000 PSI CONCRETE PAVEMENT (7" AT DUMPSTER PAD) STANDARD a PARKING SPACE J STRIPING Q as � a REFER TO GEOTECHNICAL REPORT FOR DETAILED PAVEMENT SPECIFICATIONS 7I"I"I 0 STRIPING NOTES Z (/) 0 0 0 0 0 0 0 0 0 0 0 w O J YELLOW CURBING SURFACES SHOULD BE CLEAN, DRY AND METAL SURFACES FREE OF o 0 0 0 � o HANDI CAP ACCESS r Q AND BOLLARDS HEAVY RUST 2 COATS SHERWIN WILLIAMS- KEM 4000 ACRYLIC 6" COMPACTED AGGREGATE BASE V 0 ALKYD ENAMEL SAFETY YELLOW B55Y300 0 0 0 0 0 0 0 0 0 0 o NOT TO SCALE - w STRIPING - SURFACES SHOULD BE CLEAN, DRY. TOP COAT SHERWIN LJJ PARKING LOT WILLIAMS - PROMAR TRAFFIC MARKING PAINT YELLOW TM5495 COMPACTED SUB GRADE J Q 0 HANDICAP SURFACES SHOULD BE CLEAN, DRY. TOP COAT SHERWIN 0 STRIPING - WILLIAMS - PROMAR TRAFFIC MARKING PAINT"H.C."BLUE PARKING LOT CONCRETE PA VEMEN T SECTION NOT TO SCALE SHEET C5 Page 77 of 693 2.35" W g I O O Z 0 M W Lu 6u1 - 6 O O O / TOP j-, OP OF CURB a 14" R. R. RADE CONTROL ° CD O O O O 3" R. 6 1/4" FOR SPILL GUTTER N a of (SPILL GUTTERS WHERE 7" PAVEMENT SLOPES AWAY O O O O w FROM CURB) O CONTRACTION JOINTS @ 20' INTERVALS 3/4" EXPANSION JOINTS @ ALL POINTS OF BEGINNING CURVATURE AND TANGENCY CONCRETE CURB & GUTTER DETAIL o m NOT TO SCALE NOTE: DETECTABLE WARNING SHALL CONSIST OF OF RAISED TRUNCATED DOMES WITH A DIAMETER OF 0.9", zo A HEIGHT OF NOMINAL 0.2", AND A CENTER-TO-CENTER SPACING OF NOMINAL 2.35". AND SHALL CONTRAST VISUALLY WITH ADJOINING SURFACES AND SHALL BE AN INTEGRAL PART v cn OF THE WALKING SURFACE. o - TRUNCATED DOME DETAIL w NOT TO SCALE Q 0 1" HOLES AT 120° AROUND PIPE 6" THREADED PVC CAP (9—HOLES REQ'D) TOP ELEV = 846.50 0z \ 6" SCH. 40 PVC PIPE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0\co)<O-: — `� ESSIONgz.,/� 0 00°0°0°0°0°0°0°0°0°0°0°0°0°0°0 0 0 2"-3" CRUSHED STONE Q .• •.. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - USSEL W 2C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 < °o�°O°O°O°O°O°O°O°O°O°° O°O°O°< U� 4' 48' _ :m O o 0 0 0 0 0 0 0 0 O O O :�� 0 0 0 0 0 0 0 0 0 0 0 0 0 < °O > o O O O O O O O o O O O 0 0 �0 0 0 0 0 0 0 0 0 0 0 < Q - O o a°O°0°O°O°O°0 o°O°O°< >°O°O°0000- 00000 A > 6' SCH. 40 PVC PIPE o 0 0 0 0 0 0 cn 0 0 0 0 : 0 0 0 0 0 0 < �I o 0 0 0 O O O 00< I OnOnOnOnOn a. e c o // O$< ELEV. 845.50 >o O a a. o v v 0 o O°°°O°O°O°O°O°O°°°°°O°O°° e e a a a .d e 6" PVC ELBOW A EXPANSION JOINTS ARE TO BE SET EVERYLn U 48'(MAX.)WITH z" EXPANSION MATERIAL AND BE J FLUSH WITH THE TOP OF THE WALK. EXPANSIONCD 00 MATERIAL SHALL BE SAME DEPTH AS SIDEWALK. PERFORATED RISER DETAIL CONTRACTION JOINTS SHALL �n ¢N BE PLACED EVERY 4' v NOT TO SCALE ct Z � � E W X o' FILL ALL DISTURBED AREAS WITH W o MINIMUM 4" LIGHTLY COMPACTED TOPSOIL WITH SEED AND MULCH n N #8 SMOOTH BARS @ �•/ - LL z TOP OF BERM TOP OF SPILLWAY 6" O.C. EACH WAY ELEV. 847.50 ELEV. 847.00 ����� ��p��G�p,.��.�� a• - � ��������T� III o� � W 4' 4" MINIMUM 4'x4' O.D. PRECAST CONCRETE SIDEWALK CONCRETE BOX SIDEWALK SHALL BE 4 CONSTRUCTED WITH 2% 4" MINIMUM 12 L.F., 12" HDPE 2 1 ( ) 5"0 ORIFICE MAXIMUM CROSS SLOPE. AGGREGATE BASE PIPE @ 0.83% SLOPE --\ ELEV. 846.05 \\\\\ SECTION A-A PERFORATED RISER SEE DETAIL \\� NOTES: J FLOOR OF DETENTION INV. EL. 845.40 ELEV. 845.50 1. 4000 PSI CONCRETE MIX SHALL BE USED ON ALL SIDEWALK. 2.ALL CONSTRUCTION SHALL CONFORM TO SUDAS SPECIFICATIONS AND ADA REQUIREMENTS. Lu 0 6" SCH. 40 PVC Z — (f� W � J °° SIDEWALK DETAIL (D O < #4 BARS @ 9" E.W. N CAST-IN-PLACE SLAB NOT TO SCALE 0. (/ ww 0 Q � _j F--- OUTFALL STRUCTURE DETAIL 0 0 NOT TO SCALE SHEET C5 . 1 Page 78 of 693 SITE UTILITY LEGEND SITE UTILITY LEGEND W U) \ \ O SS SANITARY SEWER FO FIBER OPTICS o V O \ BS LU BUILDING SEWER O ELECTRIC METER O Z w co z z Z �0 � — \ \ W WATER PIPING O GAS METER a 2 LJL U) GAS GAS PIPING O WATER METER 00- w Ui Z \ U) W w \ UG/E UNDERGROUND ELECTRIC p� FIRE HYDRANT _jW a �b O U Z Z Lo k9 \ \ OVERHEAD ELECTRIC PAD MOUNT TRANSFORMER OH/E U z O O m ZN o \ UNDERGROUND CONDUIT MANHOLE z w cn LuU G/C w ' \ MH w Q w \ UG/S UNDERGROUND SLEEVE Z z 77..��O ky \ OCOTG CLEANOUT TO GRADE z = \ T TELEPHONE W U \ / Z — \ m 0 �(� I•-- o z \ W v W \ 0 Q O v� Q � czZ � \ U � O (DrLU lll 00 # KEYNOTES w 0 RIM =844.68 \ Q U_ CFL= 833.59 (N,S) ELECTRICAL U U \ Zw \ E1 PROPOSED UNDERGROUND PRIMARY BY THE ELECTRIC UTILITY. S3 \ E2 PAD MOUNTED TRANSFORMER BY THE ELECTRIC UTILITY. THE E.C. SHALL W Q CONSTRUCT A CONCRETE PAD IN ACCORDANCE WITH THE ELECTRIC UTILITY'S } W \ SPECIFICATIONS. J = z � \ E3 UNDERGROUND SERVICE LATERAL BY THE ELECTRICAL CONTRACTOR. o m } O E4 CABINET AND METER SOCKET BY THE ELECTRICAL CONTRACTOR. 1-1/4" NIPPLE ; W z 0 .y \ BETWEEN THE CT CABINET AND THE METER SOCKET BY THE ELECTRICAL O 0 U) Si Ci,9 /G) \ CONTRACTOR. 0 U cl) S2 5 S – GP \ 9� E5 600 AMP 3-POLE NEMA 3R FUSED SERVICE DISCONNECT BY THE ELECTRICAL Q z � G2 \\ �'�d, CONTRACTOR. = w U) SS SS —�_ SS SS C �9 GAS z >ED z '9 s _ COTG SS COTG G� ti�20 G1 NATURAL GAS SERVICE PIPE BY THE GAS COMPANY. C� = w zU)/ �G0 \ \ ° OOS 2cS' G2 LOCATION F THE GAMETER WITH A SHUT-OFF VALVE ON THE SUPPLY SIDE AND A w z C >� 7"W.C. REGULATOR. THE NATURAL GAS LOAD WILL BE 430,000 BTUH. H a w Q MISCELLANEOUS `\ M1 4" PVC SLEEVE WITH PULL WIRE UNDER DRIVE. TURN UP AND WEATHERPROOF c� \ BOTH ENDS. SEWER W ` Si 4 BUILDING SEWER AT 1/4 PER 1 SLOPE WITH CLEANOUT TO GRADE WITHIN 51 OF O W3 (� `\ THE BUILDING AND EVERY 100' Z THEREAFTER AND AT EVERY HORIZONTAL CHANGE 00 C) C9`\ OF DIRECTION GREATER THAN 45°. � � W J N Y 7Z S2 CONNECT TO THE SANITARY SEWER. W Ow r n w Q E2 \\ S3 MANHOLE ELEVATIONS PROVIDED BY THE SURVEYOR. U U `J W Y ` = U Cy `� G1 WATER o Q W O H = J �ri�. \ W1 1-1/2"WATER SERVICE FOR DOMESTIC AND LAWN IRRIGATION USES. COORDINATE w a 00 \ \\ WITH THE WATER COMPANY FOR TAPPING REQUIREMENTS, ROAD BORING/CUTTING T_ wJ O G & PATCHING, ETC. W = J O W2 1-1/2"CURB STOP AT THE PROPERTY LINE. � O 0 _j 0 \ 00z W \ \\ W3 THE WATER METERS WILL BE INSIDE THE BUILDING AT THIS LOCATION. O 0 Qw 0 OSS W •�� o LU �v W 2 E3 O v z C7 C ` w !2 9S C)LU Q E4 �` °° vzi O E5 ` � (Dw w GG C� vv izz � 0 (n W 0W O W o w GG Ob ~ ° O cis \ z w = 2 0N N ¢ W W1 A W W w o ` W z mz N 0 LU V! O \ W z a�0 o IS, W 2L o' Q0,° a II N \ r ¢ L1J d \ ON/ VO \\ W Uj �/ C \ U rU = 0 v 1 EE W LL U) w C00 W O \ 0 Q N m LU W RIM 846.60 0 \ Uw0 zW� U = W GL W = Q Zai w w G' a ~ W�� j m M w FL=834.17 (N,S) 0 U) O m r a j a W o w C7 T _j M1 z d Foy ¢ W U wz o ¢ ° LU E1 � G,9 � Zw WWW o Z ~ N LU UG/S �' _ uS W o z 0of C7 W J H W }�� o z z 0 N (� LUw� zLU w n W2 C\ Uj O w z o v } 0 W =za w U ---- ---- -- - — — - — 0 O w \\�.� INE" I - ss — — — — — — — GAS GAS GAS GAS `SAS GAS w U '`��� w� T GAS GAS GAS \ w a = ° o w o _ — T T — r n c GAS GAS GAS GAS z w U _ � * Y ce o `: GAS GAS GAs SAS _ T \ _ _U) : z F_ H -W ��N O� wCC v W O wLU 06 0 LL 5 G�wAY V3 T vv U T vv z Q g DRAWN: GLE, RGO W W W �/ WW W g U) OU CHECKED: PDC W W W W W N/ W W� \ WT W Q �O DATE: 01-12-2021 W W W W W W , Z o o REVISION: \ l REVISION: \ , Q 2 U REVISION: W \, o z J REVISION: 2021-003 Q Z SHEET#: � Q = Know what's below. W W 0 Call before you dig. _ _j zSul 1 ~ a ° SITE UTILITY PLAN FIELD VERIFY AND COORDINATE ALL UNDERGROUND UTILITIES WITH STORM WATER N CUO) � SU1 SCALE: 1" =30'-O" DETENTION AND DRAIN PIPING TO AVOID CONFLICT/INTERFERENCE. N z 0 OQQ Page 79 of 693 Lu ( 1' (n l9 W v r O z w Q w w C7 Z 41 Qm v, 0 Oa Z6) LL, oz 4 LL Lu Q W J 4 Lu U Q ¢ ti)ZZ w � z o (f) U wcry z j U�lJ ^ W / LL W Q 1\/ w Lu _U aaa.+rrr w Z z z ' ' I 0 OL W wLu z U a z � 0 V J w w LU af J -i > �z/� zw O VJ w Q pQ � o M Z _� z J 0) O\ w w cV U w0 J Q� w0 J LL U_ U Z w 2 = W Q w J Z O � CO LuLu p J p w Z j00 0- W U GENERAL SITE UTILITY SPECIFICATIONS AND NOTES = ww � wco w00c� THESE PLANS AND SPECIFICATIONS ARE EACH PART OF AN INTEGRATED DESIGN SYSTEM. ANY MODIFICATION, ALTERATION, CHANGE, DELETION, ADDITION, OR w w z 1 SUBSTITUTION, OF OR TO ANY PART OF THE PLANS OR SPECIFICATION COULD RESULT IN PROPERTY DAMAGE, INJURY, OR EVEN DEATH, AND REQUIRES A FULL REVIEW OF (D = w THE ENTIRE SYSTEM BY A PROFESSIONAL ENGINEER. ANY UNAUTHORIZED MODIFICATION OF THIS DOCUMENT MAY CONSTITUTE UNLICENSED PRACTICE AS A w z PROFESSIONAL ENGINEER AND MAY VIOLATE LAWS REGULATING THE PRACTICE OF ENGINEERING. w z — Q WARNING TAPE ~ a w Q THIS APPLIES TO ALL MECHANICAL, ELECTRICAL & PLUMBING DRAWINGS: THESE DRAWINGS AND SPECIFICATIONS ARE NOT DETAILED FABRICATION DRAWINGS TYPICALLY J SHOWN IN STEP BY STEP INSTRUCTIONS. THEIR INTENT IS TO ESTABLISH THE MINIMUM STANDARD OF PERFORMANCE THAT IS ACCEPTABLE FOR THIS PROJECT. MAJOR O_ COMPONENTS ARE ITEMIZED AND SHOWN BUT, ALL THE WORK AND EACH INDIVIDUAL DEVICE IS NOT NECESSARILY DESCRIBED OR INDICATED IN INTRICATE DETAIL. THE FINISHED GRADE > CONTRACTOR IS EXPECTED TO INCLUDE THESE ITEMS IN HIS BID BY HIS FORESIGHT FROM PREVIOUS EXPERIENCE AND/OR WITH A DOLLAR CONTINGENCY AMOUNT FOR _ UNFORESEEN EXPENSES. THE CONTRACTOR SHOULD BE FAMILIAR WITH THE ARCHITECTURAL, STRUCTURAL, AND CIVIL PLANS ETC. BEFORE MAKING A BID. IF THE — 12' Z CONTRACTOR NEEDS STEP BY STEP INSTRUCTIONS TO COMPLETE THIS WORK OR IF HE IS NOT FAMILIAR WITH THE LOCAL CODES OR THE TYPE OF SYSTEMS BEING \\ W 2 INSTALLED, HE IS ADVISED NOT TO SUBMIT A BID OR TO WORK ON THIS PROJECT. FIELD MEASURING AND COORDINATING WITH OTHER TRADES IS MANDATORY. ALTHOUGH O THE DRAWINGS SHOULD BE SIMILAR TO THE ACTUAL DIMENSIONS, THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF THE DIMENSIONS OF THE WORK SHOWN. DO SELECTED BACKFILL N Y NOT SCALE DIMENSIONS OFF THE PLANS FOR FABRICATION. VERIFY WITH FIELD MEASUREMENT. COORDINATE WITH GENERAL CONTRACTOR EACH EQUIPMENT SIZE WITH WATER PIPE USE CLEAN GRAVEL z WO W J THE LOCATION WHERE IT IS TO BE INSTALLED BEFORE ORDERING. NOTIFY THE ENGINEER IF SPACE DOES NOT ALLOW FOR EQUIPMENT SPECIFIED. ALL SUCH DIMENSIONS 72" MIN. COVER UNDER PAVEMENT w w ^ d Q Q SHALL BE VERIFIED BY THE CONTRACTOR AND IT IS HIS RESPONSIBILITY TO FIT WORK INTO ALLOWED SPACE. ALL OFF-SETS AND SMALL CHANGES IN ROUTING ARE v W 2 CONSIDERED A PART OF THE SCOPE OF THE BASE BID FOR THIS PROJECT AND SHALL BE APPROVED BY THE ENGINEER OR ARCHITECT BEFORE INSTALLATION. SEWER PIPE U ~ W = Y O U ( Q 72" MIN. COVER SECURE TRACER O = J 3 THE ENGINEER IS NOT RESPONSIBLE FOR FIELD ACTIVITIES ON THIS PROJECT WITHOUT DIRECT INSPECTION OF WORK IN PROGRESS. WIRE ALONG TOP OFLu m PIPE w QofJ CONTRACTOR IS TO VISIT THE SITE AND FAMILIARIZE HIMSELF WITH ALL ON-SITE CONDITIONS, VERIFY ALL DIMENSIONS AND LOCATIONS OF EXISTING CONDITIONS, AND ~ w J O 4 MAKE CONNECTIONS TO LOCAL UTILITY COMPANY REQUIREMENTS AND IN ACCORDANCE WITH ALL APPLICABLE CODES AND REQUIREMENTS. THE CONTRACTOR IS TO 6 GRAVEL 0 J CONTACT THE LOCAL UTILITY COMPANY(S) &TO CONFIRM THE SCOPE OF RESPONSIBILITY FOR ALL UTILITY CONNECTION(S). wO z O Q W IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ARRANGE FOR CONNECTION AND TO COORDINATE ALL UTILITY SERVICES TO THE FACILITIES/BUILDING. THE6.. Q Q CONTRACTOR IS TO INCLUDE ALL COSTS, FEES, CHARGES, ETC. ASSOCIATED WITH THE CONNECTION OF NEW SERVICES (OR IN THE EVENT OF RENOVATIONS TO AN w p 5 EXISTING BUILDING, MODIFICATIONS TO EXISTING SERVICES) FOR THE BUILDING. ALL WORK IS TO BE DONE IN ACCORDANCE WITH ALL LOCAL CODES, THE UTILITY w COMPANY(S) STANDARDS, AND THE CURRENT BUILDING CODE. COORDINATE ALL ROUGH-INS WITH THE OWNER. p H UJ 6" MIN. 20 WATER SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR WATER SERVICE AS INDICATED ON DRAWINGS. CONTRACTOR SHALL w Z CONTACT THE LOCAL WATER DEPARTMENT AND ARRANGE FOR WATER SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, FEES, ETC., INCURRED BY p Q 6 LOCAL AUTHORITIES INTO BID. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR WATER SERVICE INSTALLATION. ALL WORK SHALL BE IN ACCORDANCE PIPE INSTALLATION (TYP) m U) WITH THE CURRENT PLUMBING CODE AND WITH THE REQUIREMENTS OF LOCAL AUTHORITIES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT NOT TO SCALE � w PROVIDED BY THE UTILITY COMPANY AND TO INCLUDE ALL COST(S)TO PROVIDE A WATER TAP/CONNECTION INTO HIS BID. z z_ _ z � �: O NATURAL GAS SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR GAS SERVICE AS INDICATED ON DRAWINGS. CONTRACTOR w 0, w SHALL CONTACT THE LOCAL GAS DEPARTMENT AND ARRANGE FOR GAS SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, FEES, ETC., INCURRED BY CLEANOUT SPECIFICATIONS z u) 2 af LOCAL AUTHORITIES INTO BID. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR GAS SERVICE INSTALLATION. ALL WORK SHALL BE IN ACCORDANCE C7 L H o 7 WITH THE CURRENT FUEL GAS CODE AND WITH THE REQUIREMENTS OF LOCAL AUTHORITIES. NORMALLY THE UTILITY COMPANY SHALL MAKE THE MAIN TAP AND PROVIDE 1 ALL HORIZONTAL DRAINS SHALL HAVE CLEANOUTS LOCATED NOT MORE THAN 100 w w �_ 2 o N w THE METER AND METER MANIFOLD AS WELL AS ALL PIPING, TRENCHING AND BACKFILL FROM THE GAS MAIN TO THE METER. NORMALLY THE CONTRACTOR SHALL PROVIDE FEET APART. = z m z uj ~ ALL PIPING FROM THE METER TO THE FIXTURES. IT IS THE CONTRACTORS RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT PROVIDED BY THE UTILITY COMPANY AND TO z C� a a a INCLUDE ALL COST(S)TO PROVIDE A COMPLETE GAS TAP/CONNECTION INTO HIS BID. 2 ALL BUILDING SEWERS SHALL BE PROVIDED WITH CLEANOUTS LOCATED NOT MORE wz W o M H u�- a THAN 50 FT. APART MEASURED FROM THE UPSTREAM ENTRANCE OF THE CLEANOUT. w w Q o i SEWER SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR SEWER SERVICE AS INDICATED ON DRAWINGS. CONTACT THE LOCAL O ~ ¢a a 3 CLEANOUTS SHALL BE INSTALLED AT EACH CHANGE OF DIRECTION OF HORIZONTAL z - AUTHORITIES AND ARRANGE FOR SEWER SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, FEES, ETC., INCURRED BY LOCAL AUTHORITIES INTO BID. a = w Q W co WASTE OR SOIL LINES, WHICH IS GREATER THAN 45 DEGREES. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR SEWER SERVICE INSTALLATION. ALL WORK SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF � O z N W THE CURRENT INTERNATIONAL PLUMBING CODE (IPC)AND WITH THE REQUIREMENTS OF LOCAL AUTHORITIES. NORMALLY THE CONTRACTOR SHALL MAKE THE SEWER TAP, 4 A CLEANOUT SHALL BE PROVIDED AT THE BASE OF EACH WASTE OR SOIL STACK. } w o a o N co u) 8 BE RESPONSIBLE FOR ALL PIPING AND ASSOCIATED TRENCHING, AND BACK FILL FROM THE SEWER CONNECTION POINT TO THE BUILDING. IT IS THE CONTRACTORS O a w z o uj a RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT PROVIDED BY THE UTILITY COMPANY AND TO INCLUDE ALL COST TO PROVIDE A COMPLETE SEWER SERVICE 5 ~ uj>uj W W W PROVIDE A CLEANOUT NEAR THE JUNCTION OF THE BUILDING DRAIN AND THE 0 W = W W INSTALLATION/CONNECTION INTO HIS BID. PROVIDE WASTE LINE BACKWATER VALVE IN ACCESSIBLE PLACE IF EITHER TOP OF MANHOLE UPSTREAM OR DOWNSTREAM IS U w z w U = ( ) BUILDING SEWER. CLEANOUT TO BE BROUGHT UP TO FINISHED GRADE LEVEL. w 2 Q 3 a w HIGHER THAN FINISHED FLOOR ELEVATION. a } zLuco o m M U) (� m �Q z 2 o w W W W UNDER GROUND ELECTRICAL SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR ELECTRICAL SERVICE AS INDICATED ON o w u)W u A DRAWINGS. CONTACT THE LOCAL ELECTRICAL UTILITY COMPANY AND ARRANGE FOR ELECTRICAL SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, U a w a o M FEES, ETC., INCURRED BY UTILITY COMPANY INTO BID. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR ELECTRIC SERVICE INSTALLATION. ALL WORK U w > z c Z W N SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF THE CURRENT NATIONAL ELECTRICAL CODE (NEC), WITH THE CURRENT NFPA LIFE SAFETY CODE, AND WITH THE J Zcli c� w o z m a _ 2 REQUIREMENTS OF LOCAL AUTHORITIES. NORMALLY THE UTILITY COMPANY SHALL PROVIDE THE PAD MOUNTED TRANSFORMER, METER, AND PRIMARY WIRING. NORMALLY w } ° z Z o N 9 THE CONTRACTOR SHALL PROVIDE THE CONCRETE PAD FOR THE TRANSFORMER, THE CT CABINET, METER BASE, ASSOCIATED TRENCHING AND BACKFILL FROM THE w w u- F z J W co ELECTRIC JUNCTION CABINET TO THE TRANSFORMER, AS WELL AS ALL CONDUIT AND WIRE FROM THE TRANSFORMER TO THE CT CABINET, AND/OR BUILDING ELECTRIC O =z a } a CONCRETE CLEANOUT BOX W/ w _ a a ::i 2 m w SERVICE AS SHOWN ON THE ELECTRIC SERVICE RISER DIAGRAM. IT IS THE CONTRACTORS RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT PROVIDED BY THE UTILITY U p m FINISHED GRADE METAL FRAME AND COVER Z) w COMPANY AND TO INCLUDE ALL COST TO PROVIDE A COMPLETE ELECTRICAL CONNECTION INTO HIS BID. THE PHOTOMETRIC OF THE EXTERIOR LIGHTING WILL BEA METAL CLEANOUT BOX NEENAH NEENAH R-6400AS OR EQUIV. � > ~ MAXIMUM OF 1-FOOT CANDLE ON THE PROPERTY LINE, WITH AN AVERAGE OF 5-FOOT CANDLE OVER THE EXTERIOR PROPERTY. NOTE THAT THE WALL-PAKS ARE FINISHED GRADE ( ( ) 0 W w \\�� 1NEER R-7506 OR EQUIV.) � ,� w � � •.. •• •••.. SPECIFIED TO HAVE SHIELDS TO CONFINE THE LIGHT TO THIS PROPERTY. w w � a &5 :_;0�: owo Q= 10 SERVICE VALVES (SHUT OFF VALVES) LOCATED IN AN ACCESSIBLE, SERVICEABLE LOCATION ARE TO BE PROVIDED FOR HOSE BIBS. z T_ ADJUSTABLE HEAD C7 = _ =W v o o ' 0 - i 4" MIN. CONCRETE i z �_ �_ THREADED CLEAN w 0 w '`y ' U TELEPHONE SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR TELEPHONE SERVICE AS INDICATED ON DRAWINGS. ENCASEMENT OUT PLUG. w xs O 0 '•. a CONTRACTOR SHALL CONTACT THE LOCAL TELEPHONE COMPANY AND ARRANGE FOR TELEPHONE SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, THREADED CLEAN OUTp '�O S O� ��\ 11 FEES, ETC., INCURRED BY TELEPHONE COMPANY INTO BID THE CONTRACTOR SHALL PROVIDE A 4" CONDUIT AS SHOWN ON THE PLANS FOR USE BY THE UTILITY COMPANY PLUG. w0 O w i,� �N31 \ IN BRINGING TELEPHONE SERVICE INTO THE BUILDING. PROVIDE A 4' x 8' x 3/4"THICK EXTERIOR GRADE PLYWOOD PANEL FOR MOUNTING COMMUNICATION EQUIPMENT. U) p J PANEL TO BE PAINTED WHITE (FIRE RESISTANT PAINT). F_ F_ 0- z Q 2 DRAWN: GLE, RGO W2 c i 0 CHECKED: PDC CABLE SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR CABLE SERVICE AS INDICATED ON DRAWINGS. CONTRACTOR SHALL 3� Of DATE: 01-12-2021 12 PROVIDE A ROUGH-IN CONDUIT FOR CABLE SERVICE AS INDICATED ON DRAWINGS. THE CONTRACTOR SHALL PROVIDE AN EMPTY 4" CONDUIT AS SHOWN ON THE PLANS < 0 REVISION: FOR USE BY THE UTILITY COMPANY IN BRINGING CABLE SERVICE INTO THE BUILDING. z z w 0 0 REVISION: WYE 45° BEND WYE 45° BEND REVISION: SPECIFICATION REQUIREMENTS ARE THAT THE DIFFERENT TRADES ARE TO COORDINATE WITH EACH OTHER. THE MECHANICAL CONTRACTOR IS TO LOOK AT AND BE Q g U FOR PIPE SIZE AND FOR PIPE SIZE AND 13 FAMILIAR WITH THE PLUMBING AND ELECTRICAL SHEETS. THE PLUMBING CONTRACTOR IS TO LOOK AT AND BE FAMILIAR WITH THE MECHANICAL AND ELECTRICAL SHEETS. cn O W REVISION: THE ELECTRICAL CONTRACTOR IS TO LOOK AT AND BE FAMILIAR WITH THE PLUMBING AND MECHANICAL SHEETS. MATERIAL, REFER TO MATERIAL, REFER TO z < O JOB#: 2021-003 GRADING PLAN GRADING PLAN J Q 0- SHEET#: CONTACTORS ARE TO VISIT THE JOBSITE, TO INSPECT ANY AND ALL EQUIPMENT AT THE SITE, TO INSPECT ANY AND ALL EQUIPMENT THAT IS BEING PURCHASED AND/OR — — — — — — � z = MOVED FROM ANOTHER LOCATION OR SITE TO THE NEW SITE, TO CHECK ANY AND ALL NAMEPLATES AND TO VERIFY UTILITY REQUIREMENTS, THEN TO VERIFY, CONFIRM FLOW FLOW p 14 AND COORDINATE WITH THE DRAWINGS. DISCREPANCIES ARE TO BE COORDINATED WITH THE ENGINEER. CONTRACTOR INSPECTIONS AND VERIFICATIONS ARE TO BE U) � O_ PRIOR TO PREPARING THE NEW SITE. W = 0SU2 15 SPECIFICATION REQUIREMENTS ARE THAT THE DIFFERENT TRADES ARE TO COORDINATE WITH EACH OTHER. THE MECHANICAL, PLUMBING, AND ELECTRICAL CLEANOUT/UNPAVED AREA (TYP) CLEANOUT/PAVED AREA (TYP) o cl) CONTRACTORS ARE TO LOOK AT AND BE FAMILIAR WITH THE SITE UTILITY SHEETS. COORDINATE DOES NOT MEAN "I WAS HERE FIRST". NOT TO SCALE NOT TO SCALE N z o OQQ Page 80 of 693 Northeast of 2600 Shaulis Road — Rezone Looking northeast from Shaulis Road toward US Highway 218. i F Looking northwest from Shaulis Road toward Isle of Capri Casino Page 81 of 693 G e Looking west along Shaulis Road toward Isle of Capri Boulevard. Looking across Shaulis Road toward the entrance of the new theme park. Page 82 of 693 F w 6A • 4 r,N ; 1 • . • . l . I'llFRI-• •. .. �. Uri �.� ` P, F � APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 I.APPLICATION INFORMATION: a. Applicant's name(please print): DGOGWaterlooia11042020 LLC Address: 1598 Imperial Center Phone: 417-256-4790 Fax: 417-256-8152 City: West Plains State: Missouri Zip: 65775 b. Status of applicant: (a)Owner (b)Other x (CHECK ONE): If other explain: contract buyer c. Property owner's name if different than above(please print):_..University of NW-St . Paul Address: 4880 Texas Street Phone: Fax; City: Waterloo State: Iowa Zip: 50701 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Between Route 218 and Shaulis Road north of Shaulis Road. b. Legal description of property to be rezoned: see attached survey c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): 3 .46 acres e. Current zoning: Al Requested zoning: C2 f. Reason(s)for rezoning and proposed use(s)of property- development roperty:develo ment of a Dollar General retail store 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$380+$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 perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. MAL Signature o Date Signature of Owner Date Page 84 of 693 Prepared By and Return To:Aric A.Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned"A-1"Agricultural District and requested to be zoned"C-P"Planned Commercial District, generally located northeast of 2600 East Shaulis Road, and legally described as (hereinafter"Property"): That part of Government Lot 4,in Section 12;And That part of the Southeast Quarter of the Southeast Quarter of Section 12, Township 88 North,Range 13 West of the 5'Principal Meridian,in Black Hawk County,Iowa lying Southwesterly of the center line of U.S.Highway Number 218 except that part deeded to the State of Iowa in 538 LD 150. And That part of the Southeast Quarter of the Southeast Quarter Section 12, Township 88 North,Range 13 West of the 5th Principal Meridian,Black Hawk County,Iowa described as follows:Commencing at the Southeast corner of said Section 12, thence South 88 degrees,43 2 minutes West 397.8 feet along the South line of the Southeast Quarter of said Section 12 to the point of beginning,thence continuing on said South line South 88 degrees 43%minutes West 35.5 feet;thence North 49 degrees 56%minutes West 147.4 feet;thence North 45 degrees 21 %minutes West 128.9 feet;thence North 28 degrees 56 minutes West 154.2 feet;thence South 44 Degrees 33 minutes East 448.6 feet to the point of beginning. HEREBY agree to the following conditions on the above-described Property: 1. That sidewalk be installed along the frontage of the property. 2. That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board(list tree/shrub species that are diverse and suitable to climate; update landscape plan to cluster trees with a more natural appearance; group shrubs together within parking lot and near building in a larger bed of mulch; and utilize parking lot islands to better cluster shrubs. 6. That the roof contains a solid color to reduce or eliminate glare. NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the Property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its recommendation to the City Council who will review and approve the proposed change to the above-described Property. These conditions have been placed on the above-described Property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I(we)herein declare that the conditions shall govern the entire Property as described above,which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1)that these conditions shall not prohibit the division or subdivision of said Property in compliance with the City of Waterloo Zoning Ordinance No. 5079 as amended and the City of Waterloo Subdivision Ordinance No. 2997 as amended, however each subdivided part thereof shall be subject to the terms of these conditions, 2)that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. It Page 1 of 2 Conditions of Zoning—Dollar Gcncral Northeast of 2600 East Shaulis Road Page 85 of 693 is further understood that these conditions shall not be deemed a limitation or repeal of any other conditions, restrictions, or covenants placed on the above-described Property. Agreed to this day of , 2021 Property Owner For University of Northwestern By: Its: On this day of , 2015,before me, the undersigned, a Notary Public in and for the State of , personally appeared to me known to be the identical person(s) named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. SEAL Notary Public in and for the State of Rezone Applicant For DGOGWaterlooia11042020 LLC (DBA Dollar General) By: Its: On this day of , 2021, before me, the undersigned, a Notary Public in and for the State of , personally appeared to me known to be the identical person(s) named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. SEAL Notary Public in and for the State of Page 2 of 2 Conditions of Zoning—Dollar General Northeast of 2600 East Shaulis Road Page 86 of 693 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 15, 2021 on the proposed issuance of not to exceed $19,750,000 General Obligation Bonds, for essential corporate purposes, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/16/2021 ATTACHMENTS: Description Type ❑ Council Comm ECP-1 Bond Hearing Req FYE2021 Backup Material Resolution setting date of public hearing as March 15, 2021 on the proposed SUBJECT: issuance of not to exceed $19,750,000 General Obligation Bonds, for essential corporate purposes, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer General Obligation Bonds ECP-1 - Not to exceed $19,750,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, and street light fixtures, connections, and facility improvements;the acquisition and installation of emergency services communication equipment and systems, including early warning sirens; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments;the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks;the removal, replacement and planting of trees in parks and public grounds; the construction, Recommended Action: reconstruction and repairing of street, sidewalk, trail, alley, public ground, marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements;the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, stone water and drainage improvements; the removal or replacement of dead or diseased trees;the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding multi-family housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; improvement of the city-owned airport; the reconstruction and improvement of dams already owned; and refunding or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2013A, and General Obligation Bonds, Page 87 of 693 Taxable Series 2013B. Summary Statement: We are planning to sell general obligation bonds for a number of purposes this spring. The new principal amount plus interest will be required to be repaid in the future. Expenditure Required: This includes $9,250,000 for potential refunding issues due to the favorable low interest rates currently available. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. The issuance of bonds commits the city to future repayment. Policy Issue: Please note that this hearing must be approved prior to approving the budget for the year ending June 30, 2022. The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would Alternative: likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have fmancial implications if the projects aren't completed as required. Page 88 of 693 ka CITY OF WATERLOO FINANCE DEPARTMENT Michelle Weidner, CPA Chief Financial Officer Council Communication City Council Meeting: March 1, 2021 Prepared: February 16, 2021 Dept. Head Signature: Michelle Weidner SUBJECT: FYE2021 Essential Corporate Purpose Bond Issue Hearing Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Adopt a resolution to set the date of hearing as March 15, 2021 on the proposed issuance of the following bonds: General Obligation Bonds - ECP-1 - Not to exceed $19,750,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, and street light fixtures, connections, and facility improvements; the acquisition and installation of emergency services communication equipment and systems, including early warning sirens; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks and public grounds; the construction, reconstruction and repairing of street, sidewalk, trail, alley, public ground, marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding multi- family housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; improvement of the city-owned airport; the reconstruction and improvement of dams already owned; and refunding or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2013A, and General Obligation Bonds, Taxable Series 2013B. Summary Statement: We are planning to sell general obligation bonds for a number of purposes this spring. Page 89 of 693 FYE2021 ECP-1 Bond Hearing Page 2of2 Please note that the hearing amount indicated is being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Background Information: We are including a large amount ($9,250,000) for potential refunding issues due to the extremely low interest rates currently available. Page 90 of 693 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 15, 2021, to authorize the sale and conveyance of property located north of 3488 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Development Agreement Backup Material ❑ Map Backup Material Resolution setting date of public hearing as March 15, 2021, to authorize the sale and conveyance of property located north of 3488 Wagner Road, to SUBJECT: Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Set date of hearing The City has owned the land since 2016. Camenzind Masonry, LLC plans Summary Statement: to construct one 10,900 square foot building along with an outdoor storage space on the property. Construction would begin in the fall of 2021 and be completed by summer of 2022. Expenditure Required: None Source of Funds: NA Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not sell Legal Descriptions: Lot 5, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 91 of 693 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2021, by and between Camenzind Masonry, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) Page 92 of 693 restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a new commercial building of approximately 10,900 square feet or greater, and related parking, landscaping, and other improvements to the buildings and grounds, including but not limited an outside storage area behind the building surrounded by a chain link fence (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction no later than November 1, 2021 (the "Project Start Date") and Substantially Complete construction no later than July 31, 2022 (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not begun construction of the Improvements by the Project Start Date, then City may terminate this Agreement as set forth in Section 12, and title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but 2 Page 93 of 693 commencement of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, provided that Company shall indemnify City and hold it harmless as set forth in Section 4. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, riot or civil disturbance, court order, government regulation or directive, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 12 and the title to the Property shall revert to the City. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney- in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 3 Page 94 of 693 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees and costs of usage after conveyance from the City. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $550,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 4 Page 95 of 693 B. Until the Improvements are Substantially Complete, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. F. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. G. Until termination of the MAA, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a 5 Page 96 of 693 defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by 6 Page 97 of 693 any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. E. Company (1) files any petition in bankruptcy or for any relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 12. Remedies. A. Default bV Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to 7 Page 98 of 693 Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity 8 Page 99 of 693 whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 9 Page 100 of 693 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 217 Rhey Street, Waterloo, Iowa 50703, Attention: Michael Camenzind. 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. 20. 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. 21. 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 10 Page 101 of 693 default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. 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. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. 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. 26. 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. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 11 Page 102 of 693 CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Michael Camenzind 12 Page 103 of 693 EXHIBIT "A" Legal Description of Property: Lot 5, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 104 of 693 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), CAMENZIND MASONRY, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $550,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on the schedule set forth in the Development Agreement, which shall be no later than December 31, 2022. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, Page 105 of 693 2032. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 2 Page 106 of 693 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2021, by Michael Camenzind as Managing Member of Camenzind Masonry, LLC Notary Public 3 Page 107 of 693 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Five Hundred Fifty Thousand Dollars ($550,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 108 of 693 y' i Vis^ t' i r, 0 t: .. Lu W z c� �eMfi Isis 4Y y Cit-LJ of Waterloo, Iowa W�E S Page 109 of 693 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications and form of contract, etc., setting date of bid opening as March 25, 2021, and date of Public Hearing as April 5, 2021, in conjunction with the Waterloo Regional Airport Hangar Rehabilitation Improvement Project, Iowa DOT Aviation Bureau CSVI Project No. 9-I-210- ALO-200, and Iowa DOT Contract No. 22634, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/16/2021 ATTACHMENTS: Description Type ❑ 02 15 2021 Engineer's Estimate for Probable Backup Material Construction Cost ❑ 02 15 2021 Notice of Public Hearing Backup Material ❑ 02 15 2021 Notice to Bidders Backup Material ❑ Picture of Hangars 1 &2 Backup Material ❑ Picture of Hangars 3-A& 3-13 Backup Material ❑ Picture of Hangar No: 5 Backup Material ❑ Bid Documents Backup Material Resolution approving preliminary plans, specifications and form of contract, etc., setting date of bid opening as March 25, 2021, and date of Public SUBJECT: Hearing as Apri15, 2021, in conjunction with the Waterloo Regional Airport Hangar Rehabilitation Improvement Project, Iowa DOT Aviation Bureau CSVI Project No. 9-I-210-ALO-200, and Iowa DOT Contract No. 22634, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: As requested by Airport Staff, approve the above request, and direct the City Clerk to publish said notice. This project continues similar work performed to continue the infrastructure Summary Statement: investment in Waterloo's large community aircraft storage hangars that we lease to Livingston Aviation. This State of Iowa grant totals approximately$67,090, with approximately Expenditure Required: $9,600 of this total dedicated to Project Design and Construction Related Services oversite leaving approximately$57,490 for actual construction improvements. The source of the funds are derived from the Iowa DOT's Aviation Bureau- Source of Funds: with the funds derived further from their Commercial Service Vertical Infrastructure(C S VI)program, via Grant No:9-I-210AL0200. This project as requested by Airport Staff, easily complies with the City of Waterloo's Strategic Plan, as follows: Page 110 of 693 Policy Issue: Goal No: 3, and Strategy No:3.1, 3.3, 3.4, 3.5 and 3.7. Goal No:4, and Strategy No:4.5. Alternative: No alternatives were selected for this project. This project continues previous projects for the infrastructure upgrades and investments to our large community aircraft storage hangars that are currently leased to Livingston Aviation. More specifically, this project calls for the following improvements, as follows: Background Information: 1. Replacement of 1970's era fluorescent hangar bay lighting fixtures with next generation and energy saving LED lighting fixtures for Hangars 1, 2, 3- A& 3-B; and, 2. Replacement of current pedestrian doors (original to the construction of the hangars), to Hangars 1, 2 & 5, and installation of a new pedestrian door on the west face of Hangar No: 5, with all doors pending the overall bids received to ensure we stay within budget limits. Legal Descriptions: Not Applicable for this request from Staff. Page 111 of 693 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT HANGAR NOS. 1,2 and 3 INTERIOR LIGHTING REHABILITATION HANGAR NO2. 1,3 and 5 PEDESTRIAN DOOR REPLACEMENTS February 15,2021 ITEM NO. DESCRIPTION UNIT ESTIMATED ESTIMATED EXTENDED TOTAL QUANTITY UNIT PRICE 1 Replace Fluorescent Hangar Lights with LED EA 20 $ 650.00 $ 13,000.00 (Hangar 1) 2 Replace Fluorescent Hangar Lights with LED EA 20 $ 650.00 $ 13,000.00 (Hangar 2) Replace Fluorescent Maintenance Hangar 3 EA 20 $ 650.00 $ 13,000.00 Lights with LED (Hangar 3A- Maintenance) Replace Fluorescent Shop Hangar Lights 4 with LED (Hangar 313) EA 34 $ 500.00 $ 17,000.00 TOTAL BASE BID $ 56,000.00 Additive Alternate Bid ITEM NO. DESCRIPTION UNIT ESTIMATED ESTIMATED EXTENDED TOTAL QUANTITY UNIT PRICE 1 Hangar 1&2 Pedestrain Door Replacement EA 2 $ 1,500.00 $ 3,000.00 2 Hangar 5 Pedestrian Door Replacement EA 1 $ 1,500.00 $ 1,500.00 3 Hangar 5 New Pedestrian Door Installation EA 1 $ 2,500.00 $ 2,500.00 TOTAL ADDITIVE ALTERNATE BID $ 7,000.00 TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID $ 63,000.00 Total Estimated Construction $ 63,000.00 Page 112 of 693 NOTICE OF PUBLIC HEARING On Proposed Plans,Specifications,Form of Contract, And Estimate of Cost and the For the HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT In the City of Waterloo,Iowa IDOT CSVI PROJECT NO.9I210AL0200 IDOT CONTRACT NO.22634 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 25" day of March, 2021 , until 1:00 p.m . for the construction of the HANGAR REHABILITATION, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street,Waterloo, Iowa 50703, no later than Thursday, March 25, 2021, at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 25t' day of March , 2021, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the City website. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on Monday, April 5, 2021 ,said hearing to be held in the Harold E.Getty Council Chambers in City Hall in said City. The City of Waterloo will continue to hold City Council meetings as scheduled; however, in response to COVID-19,elected officials and city staff will participate via Zoom videoconferencing. If Council chambers are closed to the public for City Council meetings due to health and safety concerns from COVID-19, the City Council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting,visit: https://www.citvofwaterlooiowa.com/government/city council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to commentsAwaterloo- ia&M,which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If Council chambers are open to the public for City Council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. NOTICE OF PUBLIC HEARING MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Fuge1)3 of 693 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street,PO Box 695 Des Moines,IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs,AR 71913 Reed Construction Data 30 Technology Parkway South,Ste. 500 Norcross,GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site:http://dodizeprojects.construction.com/ Reed Const.Data Lead web site:http://www.cmdaroLip.coM/project-leads/ SCOPE OF WORK The scope of this project includes removal and replacement of interior lights in Hangars 1,2,3A and 3B with LED fixtures and removal and installation of new exterior doors and frames in Hangars 1,2 and 5. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo,Iowa,on the day of ,20_. CITY OF WATERLOO,IOWA By: Kelley Felchle City Clerk NOTICE OF PUBLIC HEARING MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Fuge 1214 of 693 NOTICE TO BIDDERS For the Taking of Construction Bids For the HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT In the City of Waterloo,Iowa IDOT CSVI PROJECT NO.9I210AL0200 IDOT CONTRACT NO.22634 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 25th day of March, 2021 , until 1:00 p.m. for the construction of the HANGAR REHABILITATION, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street,Waterloo, Iowa 50703, no later than Thursday, March 25, 2021, at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 25th day of March , 2021, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the City website. PRE-BID MEETING A pre-bid meeting for this project will NOT be held, but contractors are urged to make a site visit and familiarize themselves with existing conditions. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at(319)291-4483. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on Monday, April 5, 2021 ,said hearing to be held in the Harold E.Getty Council Chambers in City Hall in said City. The City of Waterloo will continue to hold City Council meetings as scheduled; however, in response to COVID-19,elected officials and city staff will participate via Zoom videoconferencing. If Council chambers are closed to the public for City Council meetings due to health and safety concerns from COVID-19, the City Council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting,visit: httys://www.citvofwaterlooiowa.com/government/city council/index.phy or call the City Clerk's Office at 319-291-4323. The public may email comments to commentsAwaterloo- ia.org,which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If Council chambers are open to the public for City Council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. SCOPE OF WORK The scope of this project includes removal and replacement of interior lights in Hangars 1,2,3A and 3B with LED fixtures and removal and installation of new exterior doors and frames in Hangars 1,2 and 5. NOTICE TO BIDDERS MOT CSVI 91210AL0200 2021 CSVI!% 5 of 693 AECOM 60647162 CONTRACT NO.22634 0 4 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten(10)working days after receipt of"Notice to Proceed"and all items shall be completed on or before July 16,2021 . METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (3 1) days after completion of the work and acceptance by the Council. Before final payment is made,vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material,men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa,payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A,Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Complete digital Plans and Specifications are available at www.questedn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #7547103 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration,downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $25.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition(i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 141 consecutive day,which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time- sensitive / bid-critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. The deposit policy shall apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid,if the prime contractor wishes for their deposit to be returned. Upon award of project,the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids,re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. NOTICE TO BIDDERS IDOT CSVI 9I210AL0200 2021 CSVIl% 6 of 693 AECOM 60647162 CONTRACT NO.22634 0 4 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension(Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s)provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States,or bid bond,(on the form furnished by the City)payable to the City of Waterloo, Iowa, in the sum of not less than five percent(5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE&PAYMENT BONDS The successful bidder will be required to furnish a"Performance Bond"and a"Payment Bond"within ten(10)days after forms are presented to him in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained,and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond,"and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo,Iowa. A goal of at least ten percent(10%)for MBE participation on all City funded construction projects that are estimated at$50,000.00 or more. A goal of at least two percent(2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good- faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. NOTICE TO BIDDERS IDOT CSVI 9I210AL0200 2021 CSVI!% 7 of 693 AECOM 60647162 CONTRACT NO.22634 0 4 PREDETERMINED WAGE RATE Predetermined wage rates do not apply to work on this project. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period,plus authorized extensions,the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein,in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does,or could have worked,from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done,and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection,engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract,a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor,subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo,Iowa. CITY OF WATERLOO,IOWA NOTICE TO BIDDERS IDOT CSVI 9I210AL0200 2021 CSVI!% 8 of 693 AECOM 60647162 CONTRACT NO.22634 0 4 3 • I { r• 'r 1 _ -Ammon- Jim �. I 1 f ar ~� 4p r r I Page 119 of 693 ■ 1 � I ' 1 _ - Wig- - ,� _ .�� _� � . I JIM' — k 1 * i'i { or � a I � 1 i I' I 7 L 1 I 1 J # 4 • t L11 1 _ JALi f � \k F 1 k• ' t r _ I ■ 4if- �-.. a•.,r r - - + T �• _r . .- �� ._ ���:a_ _ y __ ._ � � - - -• - _ _ T v. � — - :��+ k�f—��� ■f a�^'+"�-'4• '�"� rra�• '•f ti•�� ■; ��$ ���_r,i4�'�f� � �.LS`�• .� � � r� •�� l r a , f �'■ ti;- i - sir•: r a. Alm& -im -: REM W.W r } r - t 14 IV Aw qh -s T i .t-a' — _ - . a i •_ �i• - 5 - -'h; �''F'r' .-. -i �� 7 _i it - - - = f• Tse .a. �. _ .k _. � �r -. -- - .a _ F•— - - - Page 121 of 693 a=coM HANGAR REHABILITATION Waterloo Regional Airport IDOT CSVI PROJECT NO. 91210AL0200 IDOT CONTRACT NO. 22634 WATERLOO REGIONAL AIRPORT CRUISE A NEW ALTITUDE Prepared For: City of Waterloo 715 Mulberry Street Waterloo,Iowa 50703 Prepared By: AECOM 501 Sycamore Street, Suite 222 P.O.Box 1497 Waterloo,Iowa 50704-1497 February 10, 2021 Page 122 of 693 Page 123 of 693 HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa IDOT CSVI PROJECT NO. 9I21 OAL0200 IDOT CONTRACT NO. 22634 Prepared For: City of Waterloo,Iowa Prepared By: AECOM February 10, 2021 I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer O E E S S l p f '''%, under the laws of the state of Iowa. February 10,2021 Z DAVID s. ' = DAVID B.HUGHES,PE Date w HUGHES Z u • 13037 : '^ . +nZF License No. 13037 `/�'�, "�""""'•ap ,��` My license renewal date is December 31,2021. lowk `'/''"�1111!lll fi Illl lklllllt4\\ Pages or sheets covered by this seal: Page 124 of 693 Page 125 of 693 HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT WATERLOO,IOWA IDOT CSVI PROJECT NO.9I210ALO200, IDOT CONTRACT NO.22634 CONTRACT DOCUMENTS TABLE OF CONTENTS 1. NOTICE TO BIDDERS....................................................................................................... NTB-1-4 2. NOTICE OF PUBLIC HEARING....................................................................................... NPH 1-2 3. INSTRUCTIONS TO BIDDERS......................................................................................... IB 1-9 4. FORM OF BID OR PROPOSAL......................................................................................... FB 1-2 5. SALES TAX EXEMPTION INFORMATION FORM ....................................................... STE 1 6. BID BOND........................................................................................................................... BB 1 7. NON-COLLUSION AFFIDAVITS..................................................................................... NCA 1-2 8. TARGETED SMALL BUSINESS(TSB)PRE-BID CONTACT INFORMATION........... TSB-1 9. EQUAL OPPORTUNITY CLAUSE................................................................................... EO 1-2 10. TITLE VI CIVIL RIGHTS................................................................................................... TVI 1 11. BIDDER STATUS FORM................................................................................................... 1-2 12. AFFIRMATIVE ACTION PROGRAM.............................................................................. 1-9 13. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION............................. M 1 SUBCONTRACTOR'S BID REQUEST FORM................................................... M 2 LETTER FORM FOR SUBCONTRACTOR QUOTES. ...................................... M 3 MBE/WBE SCOPE LETTER................................................................................ M 4 MBE AND/OR WBE PREBID CONTACT INFORMATION FORM................. M 5-6 14. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE................................................................................................... 1-4 15. STATEMENT OF BIDDER'S QUALIFICATIONS........................................................... SBQ 1-2 16. TARGETED SMALL BUSINESS(TSB)CONTRACT PROVISION............................... TSB 1-6 17. GENERAL SPECIAL PROVISIONS.................................................................................. GSP 1-4 18. SPECIAL PROVISIONS..................................................................................................... SP 1-4 Section 26 05 02-Basic Materials and Methods...............................................26 05 02-1 to 26 05 02-5 Section 26 5100-Lighting................................................................................26 5100-1 to 26 5100-3 TABLE OF CONTENTS MOT CSVI Project No.9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Page 126 of 693 19. GENERAL SPECIFICATIONS FOR CONSTRUCTION.................................................. GS 1-12 20. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION .................. SGS 1 21. FORM OF CONTRACT...................................................................................................... C 1-3 22. FORM OF PERFORMANCE BOND.................................................................................. PFB 1-2 23. FORM OF PAYMENT BOND............................................................................................ PB 1-2 APPENDIX Appendix 1 -Plans and Details Appendix 2 -Photographs of Existing Conditions TABLE OF CONTENTS MOT CSVI Project No.91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Page 127 of 693 NOTICE TO BIDDERS For the Taking of Construction Bids For the HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT In the City of Waterloo,Iowa IDOT CSVI PROJECT NO.9I210AL0200 IDOT CONTRACT NO.22634 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 25th day of March, 2021 , until 1:00 p.m. for the construction of the HANGAR REHABILITATION, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street,Waterloo, Iowa 50703, no later than Thursday, March 25, 2021, at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 25th day of March , 2021, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the City website. PRE-BID MEETING A pre-bid meeting for this project will NOT be held, but contractors are urged to make a site visit and familiarize themselves with existing conditions. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at(319)291-4483. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on Monday, April 5, 2021 ,said hearing to be held in the Harold E.Getty Council Chambers in City Hall in said City. The City of Waterloo will continue to hold City Council meetings as scheduled; however, in response to COVID-19,elected officials and city staff will participate via Zoom videoconferencing. If Council chambers are closed to the public for City Council meetings due to health and safety concerns from COVID-19, the City Council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting,visit: httys://www.citvofwaterlooiowa.com/government/city council/index.phy or call the City Clerk's Office at 319-291-4323. The public may email comments to commentsAwaterloo- ia.org,which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If Council chambers are open to the public for City Council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. SCOPE OF WORK The scope of this project includes removal and replacement of interior lights in Hangars 1,2,3A and 3B with LED fixtures and removal and installation of new exterior doors and frames in Hangars 1,2 and 5. NOTICE TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATMVO J�8 of 693 AECOM 60647162 CONTRACT NO.22634 'N ! o BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten(10)working days after receipt of"Notice to Proceed"and all items shall be completed on or before July 16,2021 . METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (3 1) days after completion of the work and acceptance by the Council. Before final payment is made,vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material,men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa,payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A,Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Complete digital Plans and Specifications are available at www.questedn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #7547103 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration,downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $25.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition(i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 141 consecutive day,which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time- sensitive / bid-critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. The deposit policy shall apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid,if the prime contractor wishes for their deposit to be returned. Upon award of project,the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids,re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. NOTICE TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATM? 9 of 693 AECOM 60647162 CONTRACT NO.22634 'NSI 0 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension(Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s)provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States,or bid bond,(on the form furnished by the City)payable to the City of Waterloo, Iowa, in the sum of not less than five percent(5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE&PAYMENT BONDS The successful bidder will be required to furnish a"Performance Bond"and a"Payment Bond"within ten(10)days after forms are presented to him in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained,and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond,"and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo,Iowa. A goal of at least ten percent(10%)for MBE participation on all City funded construction projects that are estimated at$50,000.00 or more. A goal of at least two percent(2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good- faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. NOTICE TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATMOz� 0 of 693 AECOM 60647162 CONTRACT NO.22634 'N ! o PREDETERMINED WAGE RATE Predetermined wage rates do not apply to work on this project. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period,plus authorized extensions,the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein,in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does,or could have worked,from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done,and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection,engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract,a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor,subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo,Iowa. CITY OF WATERLOO,IOWA NOTICE TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATMV 1 of 693 AECOM 60647162 CONTRACT NO.22634 'NSI 0 NOTICE OF PUBLIC HEARING On Proposed Plans,Specifications,Form of Contract, And Estimate of Cost and the For the HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT In the City of Waterloo,Iowa IDOT CSVI PROJECT NO.9I210AL0200 IDOT CONTRACT NO.22634 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 25" day of March, 2021 , until 1:00 p.m . for the construction of the HANGAR REHABILITATION, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street,Waterloo, Iowa 50703, no later than Thursday, March 25, 2021, at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 25t' day of March , 2021, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the City website. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on Monday, April 5, 2021 ,said hearing to be held in the Harold E.Getty Council Chambers in City Hall in said City. The City of Waterloo will continue to hold City Council meetings as scheduled; however, in response to COVID-19,elected officials and city staff will participate via Zoom videoconferencing. If Council chambers are closed to the public for City Council meetings due to health and safety concerns from COVID-19, the City Council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting,visit: https://www.citvofwaterlooiowa.com/government/city council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to commentsAwaterloo- ia&M,which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If Council chambers are open to the public for City Council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. NOTICE OF PUBLIC HEARING MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Fuge Xb2 of 693 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street,PO Box 695 Des Moines,IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs,AR 71913 Reed Construction Data 30 Technology Parkway South,Ste. 500 Norcross,GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site:http://dodizeprojects.construction.com/ Reed Const.Data Lead web site:http://www.cmdaroLip.coM/project-leads/ SCOPE OF WORK The scope of this project includes removal and replacement of interior lights in Hangars 1,2,3A and 3B with LED fixtures and removal and installation of new exterior doors and frames in Hangars 1,2 and 5. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo,Iowa,on the day of ,20_. CITY OF WATERLOO,IOWA By: Kelley Felchle City Clerk NOTICE OF PUBLIC HEARING MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Fuge X1'33 Of 693 INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications,etc.,must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract,unless included in the Notice to Bidders,the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished,or copies thereof,and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s)provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. C. Unless called for,alternate bids will not be considered. d. Modifications of bids already submitted will be considered if received at the office designated in the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be considered but should not reveal the amount of the original or revised bid. e. In preparing his bid,the bidder shall specify the price,written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-1 of 9 Page 134 of 693 If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer- generated spreadsheet,all numbers shall be easily legible. f. Any changes or alterations made in the Bid Form,or any addition thereto,may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. g. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail,the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived,and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening,but before the reading of all other bids is completed,and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for which the bidder was not responsible,such bid will be received and considered. C. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall made the bid so modified or amended,subject to rejection. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo,will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank,or a bank chartered under the laws of the United States,a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond(on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent(5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-2 of 9 Page 135 of 693 security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor,if any,execute and submit to the City Contract Compliance Officer by 5:00 P.M.the business day following the day bids on this project are due,a Non-Collusion Affidavit in the form herein provided,to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE)in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts,but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas,but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their"good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than$50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-3 of 9 Page 136 of 693 DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be,nor may it properly or lawfully be interpreted as,permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S.Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise(MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002 Women Business Enterprise(WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor's Advisory Committee: Mayor's Advisory Committee for Minority,Female,and Disadvantaged Business Enterprise. INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-4 of 9 Page 137 of 693 Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal-No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo,Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts.The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding,lines of credit,insurance,etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation)based on overall program goals. INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-5 of 9 Page 138 of 693 RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal,State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. Prime Contractors In order to be in compliance with the guidelines of this program,the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include,but are not limited to,the following: A. Prime contractors shall send solicitation letters(Form CCO-3)to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer)at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted(See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted,then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews,but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms(Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid.Copies of the competing bids may be required for verification. b. MBE/WBE did not bid,withdrew bid or non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-6 of 9 Page 139 of 693 The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation)based on overall program goals. II. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low-income workers owning businesses or living in the Waterloo area must be given priority in supplying materials,bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to,businesses owned by persons residing in the project area. INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-7 of 9 Page 140 of 693 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications,his experience record in constructing the type of improvements embraced,and his organization and equipment available for the work contemplated; and,when specifically requested, a detailed financial statement. The City of Waterloo,Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo,Iowa,that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming to the Specifications, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at the time of opening bids, but the right is reserved to postpone such action for a reasonable time,not exceeding thirty(30)days. b. The City Council may, when in its interest,reject any or all bids or waive any informality in bids received. C. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer- generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid for the BASE BID plus ALTERNATE(S)chosen by the City as indicated in the NOTICE TO BIDDERS. d. When a contract for a public improvement is to be awarded to the lowest responsive and responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference,or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. 14. EXECUTION OF AGREEMENT,BONDS,AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo,Iowa,may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a payment bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor,materials,tools, equipment, or services of any nature including INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-8 of 9 Page 141 of 693 utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. C. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F.No. 4 "Liability Insurance," Pages 14 to 15 of 18 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site,in accordance with State Workmen's Compensation Laws. d. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising,the defaulting bidder shall have no claim against the City of Waterloo, Iowa,for a refund. 15. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non-Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. INSTRUCTIONS TO BIDDERS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 IB-9 of 9 Page 142 of 693 PAGE LEFT BLANK INTENTIONALLY Page 143 of 693 FORM OF BID OR PROPOSAL HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT In the City of Waterloo,Iowa IDOT CSVI PROJECT NO.9I210AL0200 IDOT CONTRACT NO.26634 Honorable Mayor and City Council Waterloo,Iowa Gentlemen: 1. The undersigned,being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: having familiarized (himself)(themselves)(itself)with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file in the office of the City Clerk,City Hall,Waterloo,Iowa,hereby proposes to furnish all supervision,technical personnel, labor, materials,machinery,tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this HANGAR REHABILITATION,all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: HANGAR REHABILITATION CSVI PROJECT NO.9I210AL0200 IDOT CONTRACT NO.22634 Item Estimated Estimated Unit No. Description Unit Quantity Price Extended Total 1 Replace Fluorescent Hangar Lights with EA 20 $ $ LED(Hangar 1 2 Replace Fluorescent Hangar Lights with EA 20 $ $ LED Han ar 2 Replace Fluorescent Maintenance Hangar 3 Lights with LED(Hangar 3A- EA 20 $ $ Maintenance 4 Replace Fluorescent Shop Hangar Lights EA 34 $ $ with LED angar 3B TOTAL BASE BID $ Additive Alternate Bid Item Estimated Estimated Unit No. Description Unit Quantity Price Extended Total 1 Hangar 1&2 Pedestrian Door EA 2 $ $ Replacement 2 Hangar 5 Pedestrian Door Replacement EA 1 $ $ 3 Hangar 5 New Pedestrian Door EA 1 $ $ Installation TOTAL ADDITIVE ALTERNATE BID $ TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID $ 2. It is the City's intention to evaluate bids reviewing both the Base Bid and Add Alternate Bids. The City has limited funds available and will award only what funding allows.The City reserves the right to award the contract based on the Base Bid only or the Base Bid plus any and all Add Alternate Bid Options. FORM OF BID IDOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 BF-1 of 2 Page 144 of 693 3. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 4. In submitting this bid,the bidder understands that the right is reserved by the City of Waterloo,Iowa,to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten(10)days after the agreement is presented to him for signature,and start work within ten(10)days after"Notice to Proceed"is issued. 5. Security in the sum of Dollars($ )in the form of ,is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 6. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 7. Attached hereto is a Bidder Status Form indicating Resident Bidder Certification ( ), or Non- Resident Bidder Certification (Mark one.) 8. The bidder is prepared to submit a financial and experience statement upon request. 9. The Prime Contractor and Subcontractor(s), which have performed an aggregate of$10,000.00 in work for the City in the current calendar year,are prepared to submit an AAP or Update and an EOC,within ten(10) days of notification that the bid submitted is lowest and acceptable. 10. The bidder has received the following Addendum or Addenda: Addendum No. Date 11. The bidder shall list the MBE/WBE subcontractor(s) amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s)to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL"Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 12. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none"or"NA". 13. The bidder has attached all applicable forms. 14. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S.No. FORM OF BID IDOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 BF-2 of 2 Page 145 of 693 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One PRIME SUBCONTRACTOR FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑Brickwork ❑Landscaping ❑Carpentry ❑Painting ❑Concrete ❑Paving ❑Drywall-Plaster-Insulation ❑Plumbing ❑Electrical ❑Roofing-Siding-Sheet Metal ❑Excavation/Grading ❑Windows ❑Flooring ❑Wrecking-Demolition ❑Heavy Construction ❑Other(Please specify) ❑Heating-Ventilating-Air Cond. SALES TAX EXEMPTION IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 STE-1 of 1 Page 146 of 693 PAGE LEFT BLANK INTENTIONALLY Page 147 of 693 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, as Principal,and as Surety are held and firmly bound unto the Iowa,hereinafter called "OWNER." In the penal sum Dollars($ )lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 20,for NOW,THEREFORE, (a)If said Bid shall be rejected,or in the alternate, (b)If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void,otherwise the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract;and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D.20_. (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact BID BOND IDOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 BB-1 of 1 Page 148 of 693 PAGE LEFT BLANK INTENTIONALLY Page 149 of 693 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) )ss County of ) being first duly sworn,deposes and says that: 1. He is (Owner,Partner,Officer,Representative,or Agent) ,of ,the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest,including this affiant,has in any way colluded,conspired,connived or agreed,directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo,Iowa,or any person interested in the Proposed Contract;and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives,owners,employees,or parties in interest,including this affiant. (Signed) Title Subscribed and sworn to before me this day of 20_. Title My commission expires NON-COLLUSION AFFIDAVITS IDOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 NCA-1 of 2 Page 150 of 693 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ss: County of ) being first duly sworn,deposes and says that: 1. He is (Owner,Partner,Officer,Representative,or Agent) ,of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in ; (ity or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract;and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives,owners,employees,or parties in interest,including this affiant. (Signed) Title Subscribed and sworn to before me this day of 20_. Title My commission expires NON-COLLUSION AFFIDAVITS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 NCA-2 of 2 Page 151 of 693 TARGETED SMALL BUSINESS(TSB) PRE-I CONTACT INFORMATION / 0 \ / / a _ 00 \\/ = g \ \ \ % } 2 ® ® n - ¥ S% - r \/ \ \ % lZ z \ _ © \ En \ / o \ o / yz .0 ; cm m\ _; §§/ a g\\\\ < w 3 }2 3 AS �� E - § / / / j / k - \ 2$ 2 z / d » _ + cn /® \ / / \ / § ) / \ \ \ / } % 0 - U) e / j � \\ - \/ m\ \j » } 2 = \ 7 / 2 \g 2 2g A/ . < _ \ to ~ D_ �\ 0 E— t �\ \ E « Lu - ® 4, 0 \ \ � A ; / \ E 2 / �\ \ fu cm) _ � \ \� \ \ \ \ \ _ \ - 7 \ < E \ \ ; ° D \ o j \ / / )/ / >( ( @ C, # ) m � � \ E \ f \ ƒ > \ £ / \ % / > > c \ / / G ze#REamCONTACT INFORMATION mo cg92! !oL0&o HANGAR REHABILITATION( 021) AEc M66n47162 CONTRACT .g@4 zylJ! Page 152 of 693 PAGE LEFT BLANK INTENTIONALLY Page 153 of 693 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors,vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars($10,000.00)annually agree as follows: 1. The contractors, subcontractor,vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex,national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age,mental or physical disability,political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading C. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed,color, sex,national origin,religion, economic status, age, mental or physical disabilities,political opinion or affiliations. 3. The contractor, subcontractor,vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies,procedures,patterns,and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No.24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will EQUAL OPPORTUNITY CLAUSE MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 EOC-1 of 2 Page 154 of 693 provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor,or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race,creed,color,sex,national origin,economic status,age,mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) EQUAL OPPORTUNITY CLAUSE MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 EOC-2 of 2 Page 155 of 693 TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the"contractor")agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the DOT Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information,and its facilities as may be determined by the Contracting Authority,the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT,or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate,including,but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies,and/or b. Cancellation,termination,or suspension of the contract,in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations,or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT;and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. TITLE VI CIVIL RIGHTS MOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 TVI-1' Page 156 of 693 PAGE LEFT BLANK INTENTIONALLY Page 157 of 693 Bidder Status Form To be completed by all bidders Part A Please answer"Yes"or"No"for each of the following: ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). ❑ Yes ❑ No My company has an office to transact business in Iowa. ❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail,telephone calls, and e-mail. ❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. ❑ Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered"Yes"for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered"No"to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s)if needed. City, State,Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? E] Yes E] No 3. If you answered "Yes"to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s)if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156.This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Page 158 of 693 1 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa,the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-1K) 2 Page 159 of 693 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number( Federal ID Number(if no Federal ID Number,Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number( ) Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security Number). Name of Equal Employment Officer - 1 Page 160 of 693 C. Remainder of program to be completed by party completing program,either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization,give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY(Please read carefully.) A. We,the undersigned,recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training,upgrading,promotion,and transfer. However,we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246,as amended,and other subsequent orders that may pertain to equal employment opportunity and merit employment policies,fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin,economic status,age,and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo,Iowa,to the greatest extent feasible. a Page 161 of 693 III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the (Name of Company) following six(6)steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment;and 6. Training,Upgrading and Promotional Opportunities. C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media(newspapers,radio,TV); 2. Community organizations(churches,clubs,schools); 3. Public and private institutions in the area(UNI,Hawkeye Community College); 4. Job Service of Iowa;and 5. Other. D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training,upgrading,promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority,female,and local group employees. 3 Page 162 of 693 G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none,write "NONE") 1. 2. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none,write"NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority,female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City,and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity=.08(8%) N. Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met,but must be targets,reasonably attainable by means of applying every izood faith effort to make all aspects of the entire Affirmative Action Program work." For the year 20 ,please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women,please submit that percentage. -4 Page 163 of 693 *Goals for Minorities: % Goals for Women: % *Your affirmative action goals should be between 1%and 10%or more for minorities and 1%and 5%or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 20 . Note,that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984-142(4). 5 Page 164 of 693 CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H 6 Page 165 of 693 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: Page 166 of 693 DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors,sheriffs,police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians,lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication,recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers,messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks,dispatchers,license distributors,payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics),plumbers,building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives,milliners,mine operatives and laborers,motormen,oilers and greasers,(except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers,weavers,(textile),welders and flame cutters and kindred workers. g Page 167 of 693 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifting,digging,mixing,loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship,regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-iob): Production, persons in formal training for craftsmen when not trained under apprentice programs--operative laborer,and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial,professional, technical, sales, office and clerical occupations. Page 168 of 693 PAGE LEFT BLANK INTENTIONALLY Page 169 of 693 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the HANGAR REHABILITATION project that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. All items are eligible for participation. MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and two percent (2%) WBE goal is attached to this project. "Certified Return Receipt"letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors,but the Pre- Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex,Suite 202 620 Mulberry Street Waterloo,Iowa 50703 Phone: (319)291-4429 MBE/WBE PARTICIPATION MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Page'° *0 of 693 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name),hereby attest that I have been solicited for a bid on (project name) in the area of(description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by(date)and(time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature MBE/wBE PARTICIPATION MOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Page*1 of 693 LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear (Prime Contractor's Company Name)is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name)is an Equal Opportunity Employer,and all qualified bidders will not be discriminated against due to race,religion,color,sex,or origin. If interested in bidding your proposal must be turned in to this office by (Date) and (Time) Sincerely, (Prime Contractor's Representative) Form CCO-3 (11/28/2001) MBE/WBE PARTICIPATION MOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Page*2 of 693 LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals,MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven(7)days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo,IA 50703 Phone: (319)291-4429 Form CCO-5 (06-20-2002) MBE/WBE PARTICIPATION MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Pa-4 0 of 693 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts.Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation and must make good faith efforts to secure bids from, and award subcontracts to,MBE/WBE businesses.For all contract bids of$50,000 or more,the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three(3)MBE/WBE business contacts must be made and documented,if there are at least three(3)MBE/WBE businesses offering services in the areas to be subcontracted(see City of Waterloo MBE/WBE Certified List).If less than three(3)are offering the services to be subcontracted,then a contact is required for any that are listed as providing that service.If you have submitted a MBE/WBE contact not on the City's MBE/WBE list,attach a copy of the certification from another government agency. 3.Contacts to each MBE/WBE businesses are required to be a minimum of seven(7)working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a.A copy of the bid received from the MBE/WBE,OR b.If no bid was received,a copy of correspondence received from the MBEIWBE with a"no bid"response,OR c.If no response was received,a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM"on why the MBE/WBE was not selected.These reasons could include: a.Not low bid.Copies of the competing bids may be required for verification. b.MBEAVBE did not bid,withdrew bid or was non-responsive. c.Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d.Prime contractor self performs work. e.Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above(supported by appropriate documentation)based on overall program goals. Subcontractors Responsibilities: 1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid(Form CCO-5)to the City Contract Compliance Officer seven(7)working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven(7)working days prior to bid opening,goals on subject project will be reduced accordingly.Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CC04A Rev.07-08-02 MBE/WBE PARTICIPATION IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(202 1) AECOM 60647162 CONTRACT NO.22634 Page 174 of 693 M-5 of 6 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below.Attach a brief explanation as to why subcontracting was not feasible with this project.If any MBE/WBE subcontractors will be used,please use the bottom portion of this form. Contractor Signature: Title: Date: SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required,in order for your bid to be considered responsive,to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission.This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291- 4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met,then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Dates Yes/No Dates Yes/No Dollar Amount Proposed to Subcontractors Contacted Contacted be Subcontracted (Form CCO-4)Rev. 06-20-02 MBEAVBE PARTICIPATION IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Page 175 of 693 M-6 of 6 CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo,Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.wplwloo.lib.ia.us/contractcompliance/ Contact: Rudy Jones, Community Development Director Email: rudy.iones(&waterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 MBE/WBE Certified Contractors List Page 1 of 4 Page 176 of 693 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLA TWORK, POURED WALLS ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319)493-2542 FAX: (319)236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION MBEAVBE Certified Contractors List Page 2 of 4 Page 177 of 693 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING& GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLA TWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFINGAND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION MBE/WBE Certified Contractors List Page 3 of 4 Page 178 of 693 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone: (319) 233-7481 Certified: City of Waterloo WBE Contact: Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES PETERMAN & HAES CARPET ONE* 4003 University Waterloo, IA 50701 Phone: (319) 233-6131 Fax: (319) 233-6133 Certified: City of Waterloo WBE Email: JR11486(cr�,cfu.net Contact: Carol Reese Specializing in: FLOOR COVERING *DENOTES WOMEN BUSINESS ENTERPRISE MBEAVBE Certified Contractors List Page 4 of 4 Page 179 of 693 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo,Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation,when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so,where and why? 9. Have you ever defaulted on a contract? If so,where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each,and the month and year completed. IL. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization,including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you,upon request,fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo,Iowa? STATEMENT OF BIDDER'S QUALIFICATIONS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 SBQ-1 of 2 Page 180 of 693 17. The undersigned hereby authorizes and requests any person,firm,or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at this day of 20_ (Name of Bidder) By: Title: State of ) ss: County of ) being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20_ Notary Public My commission expires STATEMENT OF BIDDER'S QUALIFICATIONS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 SBQ-2 of 2 Page 181 of 693 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects) May 2017 Page 182 of 693 Page 183 of 693 CONTRACT PROVISION Targeted Small Business(TSB)Affirmative Action Responsibilities on Non-Federal-aid Projects(Third-party State-Assisted Projects) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(l 0), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service-disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 1913.7. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 200 East Grand Avenue Des Moines, IA 50309 Phone: 515-725-3132 Website: https:llwww.iowa.gov/tsb/index.php/home 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-oriented program, Therefore,the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. 5. CONTRACTOR SHALL APPOINTANEQUAL EMPLOYMENT OPPORTUNITY(EEO)OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Economic Development Authority (515-725-3132)to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. Page 1 Page 184 of 693 TSB.Affirmative Action Responsibilities A. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. B. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materialslsupplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor maycount: (1) 100%of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60%of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially usefulfunction. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACTAWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact Information". This form includes: (1) Name(s)of the TSB(s)contacted regarding subcontractable items. (2) Date ofthe contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the"Quotation Used in Bid" column along with a"yes" indicated on the Pre-bid Contact Information form. Page 2 Page 185 of 693 A. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall documental I efforts made to include TSB participation in this project by documenting the following; (1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors'groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three(3)years after the completion of the project and be available for examination by the IowaEconomic Development Authority. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. i Page 3 Page 186 of 693 U) a) � C C '`'.: ❑ ❑ COLU LU OU a) d Q 0 0 Ul� m a- z O m E m � m Q � o � U 02 Q W C�tS N m c o �' ❑ 00 p W ❑ F- U m Q a c Z C/) O m D 0 UO p� U LIJ p � N fn C J OOj ) no ❑ � , W a ❑ W U U W 00 -CU W O Z p cn L� z U U W O W O Z o U ❑ WO N c mph Un U LU ZQ U C cn ~ 0 U} O m a) — m O W J Z Q C a) T Q � w -C a) m ZD ❑ m ni U N a "' a) U q UQ � E m m w U ❑ z m Da QQ Un < cn U W tf W0 ¢ O C: o U Q O cfr CLL LU u W T m to MM o U- W m Q as 0) v 0 C7 U cn p w O m W �— D (n r J +� U La a) o) 00 m c E a) U Q a m U) -c_ �- m 0 OQ E t o _ 7+.0 Q) p N O a) (a a) t9 U +' co p Q) O DCL a3 6 �n O � pn CL' O M fa N 0 a) y 1 O — U U a � ~' } U El) � Q m coo D p OE DO CD p a) � o in a ❑ 0- m o L U 0 -0 o? a ° Via) `nom azo n 0 'V) a o � � .E cn O a3 O0 o1— L Ecu OO Q) C M T O p C C i 7 N L -0 a) a) W [fJ n U a) [n N LO D E U a_ aJ O Q p =3 o � 0 -0 c0 LL U ri U v toz 7�f:YcC93 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 1913.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that TargetedSmall Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's"positive efforts"shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority(515-725-3132)or from its website at: https:llwww.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled"TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)"or a similar document developed by the Recipient. This contract provision is available on-line at: http:l/www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file, 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Page 5 Page 188 of 693 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) Recipient: Project Number: County: Agreement Number: Z. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other(specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, 1 hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. Title Signature Page 6 Page 189 of 693 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor,equipment,and materials and performing all operations, in connection with the HANGAR REHABILITATION, in accordance with these specifications. The specifications are dated February 10, 2021. They have the general title of HANGAR REHABILITATION. The Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series of 2015, are to be used, along with the special provisions described herein, and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material,as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship,as determined by the Engineer,shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as nonsalvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. 7. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant, and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. GENERAL SPECIAL PROVISIONS MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 GSP-1 of 4 Page 190 of 693 8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract,before the first estimate for payment is made,deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 9. PERMISSION TO HAUL OVER STREETS,RAILROADS,AND HIGHWAYS The Contractor will be required to secure, from the proper authorities,permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways, and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 10. CONSTRUCTION SCHEDULING The Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts,which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street, and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 11. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the Engineer to hold a pre-construction conference for the purpose of discussing the contract. 12. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines,water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the contractor and the respective utility company. 13. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection but shall be considered incidental to other items of work. The public shall be kept outside of any work area. GENERAL SPECIAL PROVISIONS MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 GSP-2 of 4 Page 191 of 693 14. WORKING ON SATURDAYS,SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight(48)hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work,the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2021 due to City Holidays: Friday,April 2,2021 -Good Friday Monday,May 31,2021 -Memorial Day Monday,July 5,2021 -Independence Day 15. ACCESS TO SITE. Access to the work shall be limited to those gates and routes indicated on the plans. All areas used by the Contractor either for access or for construction operations shall be repaired by the Contractor after completion of the Contract work to restore such areas to essentially their original condition. All unsurfaced roads used by the Contractor shall be watered regularly by the Contractor to reduce dust. All surfaced roads, streets, or airport pavement used by the Contractor for access or hauling shall be swept at least daily or as directed by the Engineer. All damage to surfaced roads used by the Contractor shall be repaired to original condition or better at no cost to the Owner. The Contractor shall be solely responsible for security at those airport property entrance gates assigned to his use. At all times gates are unlocked the Contractor shall provide a full-time guard who shall: 1. Allow entry onto airport property of only those persons authorized,carrying proper identification,and previously registered with the Airport Security Office as Contractor's personnel, supplier, subcontractor or other party in connection with the work. 2. Keep a log of all vehicles and persons entering and leaving through the gate under his control. 3. Report immediately to the Airport Office any unauthorized entry into the airport. 16. INSPECTION OF THE SITE. Contractor shall inspect the construction site and the area of work in general and familiarize himself with existing conditions. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319) 291-4483. 17. WORK AREA. The Contractor's operations, including storage of materials upon the site, shall be confined to authorized or approved areas. No unauthorized or unwarranted entry upon,or passage through, or storage of materials shall be made upon other airport premises. Temporary buildings, storage sheds, shops and office, etc., may be erected by the Contractor only with the prior approval of the Engineer and shall be built with labor and materials furnished by the Contractor without expense to the airport. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by him, at his expense,after the completion of the work. 18. CLEANUP OF PROJECT SITE. The Contractor shall at all times keep the site of the work and adjacent premises as free from materials, debris, rubbish and trash as practicable, and shall remove same from any portion of the site if, in the opinion of the Owner, such materials, debris, rubbish or trash constitute a nuisance or are objectionable in any way to the public. The Contractor shall be responsible for the removal of dirt accumulation or any other debris on pavements resulting from the Contractor's operations on the work. GENERAL SPECIAL PROVISIONS IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 GSP-3 of 4 Page 192 of 693 At the completion of the work the Contractor shall remove all materials, implements, barricades, equipment, staging, piling, falsework, debris and rubbish connected with or caused by operations for such work immediately upon the completion of that work and shall leave the premises in perfect condition insofar as affected by the work under this Contract. Fires for disposal of rubbish on the site are prohibited. At the end of each day,the project site shall be inspected and cleaned of construction debris and trash. The project site shall be inspected by air operations prior to opening area to aircraft. All cleaning shall be accomplished by a street sweeper or power broom to remove debris. Prior to sweeping,the area shall be cleaned of large debris,concrete,mud,etc.,with an end loader. If the Contractor should fail to clean up the premises as required above, the Owner after giving the Contractor one (1) hour notice, may do so and charge the cost thereof to the Contractor. The Airport and the Contractor hereby agree that the cleanup charge will be$200.00 per hour. 19. TEMPORARY TOILETS. The Contractor shall provide and maintain temporary sanitary facilities as necessary for use of workmen. All facilities must be in compliance with statutory sanitation requirements. 20. CONTRACTOR COMMUNICATION. The Contractor shall provide a telephone, pager, etc., on the project site to enable communication between the Contractor and the Engineer or Airport personnel. The Contractor shall have a 24-hour contact person for after-construction-hours communication. This person shall be contacted in case of an emergency on the project site. 21. CONVICT LABOR. No convict labor may be employed under this contract. GENERAL SPECIAL PROVISIONS MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 GSP-4 of 4 Page 193 of 693 SPECIAL PROVISIONS 1. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of$500.00 per day,for each day,as further described herein,in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does or could have worked from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sundays, if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work,the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection,engineering and contract administration. 2. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR The prime contractor shall be required to perform at least 35 percent of the total contract amount of the project. 3. SHOP DRAWINGS,CERTIFICATES,AND EOUIPMENT LISTS A. Submission of Drawings: 1. The Contractor shall submit to the Engineer all shop drawings and equipment drawings or lists as called for in the contract documents or as requested by the Engineer. Drawings and listings shall be complete and shall contain all required detail information conveyed according to the latest recommended standards for detailing. 2. The Contractor shall make any corrections required by the Engineer and submit the revised shop or equipment drawings or listings for review. After review by the Engineer, the shop or equipment drawings or listings will be so marked, dated, signed by the Engineer,and forwarded to the Contractor for reproduction and distribution. B. Submission of Equipment Lists: 1. If requested in the contract documents, as soon as practicable after award of contract and before any items of material or equipment are purchased, the Contractor shall submit to the Engineer for review a complete list of the principal fixtures and equipment to be incorporated into the work. 2. The Contractor shall also submit applicable brochures, technical data, catalogs, cuts, diagrams, manufacturer's drawings and installation instructions, samples if required, and SPECIAL PROVISIONS MOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 SP-1 of 4 Page 194 of 693 other descriptive data including the complete description, trade name, model number, type,size,and rating. C. Engineer's Review: 1. Review by the Engineer shall not be construed as a complete check but will indicate only that the general method of construction and detail is satisfactory. The Engineer assumes no responsibility for errors in dimensions in the shop drawings and assumes the Contractor will use material complying with requirements of the contract documents or, where not specified,those of sound and reasonable quality, and will erect the subjects of such shop drawings according to recognized standards of first quality work or, when specified,according to standards of the contract documents. 2. Any work done or material ordered by the Contractor prior to review by the Engineer shall be at the Contractor's risk. D. ENGINEER'S ACTION ON SUBMITTALS 1. General: a. Except for submittals for record and similar purposes, where action and return on submittals required or requested, ENGINEER will review each submittal, mark with appropriate action, and return. Where submittal must be held for coordination, ENGINEER will so advise CONTRACTOR without delay. b. ENGINEER will stamp each submittal with action stamp, appropriately marked with submittal action. 2. Notification of Insufficient Information: a. If information submitted is not sufficient to complete review of submittal, ENGINEER will send transmittal to CONTRACTOR notifying CONTRACTOR that additional information is required. b. Submittal will not be returned. Submittal will be placed in an "on hold" status until CONTRACTOR provides additional information. 3. Action Stamp: a. Marking: No Exceptions Taken. 1) Final Unrestricted Release: Where submittals are marked as "No Exceptions Taken," Work covered by submittal may proceed provided it complies with Contract Documents.Acceptance of Work depends on that compliance. b. Marking: Make Corrections Noted. 1) Final-But-Restricted Release: When submittals are marked as "Make Corrections Noted," Work covered by submittal may proceed provided it complies with ENGINEER'S notations or corrections on submittal and with Contract Documents. Acceptance of Work depends on that compliance. Resubmittal is not required. SPECIAL PROVISIONS MOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 SP-2 of 4 Page 195 of 693 c. Marking: Rejected. 1) Submittal Not Accepted: When submittals are marked as "Rejected," do not proceed with Work covered by submittal. Work covered by submittal does not comply with Contract Documents. 2) Prepare new submittal for different material or equipment supplier or different product line or material of same supplier complying with Contract Documents. d. Marking: Revise and Resubmit. 1) Returned for Resubmittal: When submittals are marked as"Revise and Resubmit," do not proceed with Work covered by submittal. Do not permit Work covered by submittals to be used at Project site or elsewhere where Work is in progress. 2) Revise submittal or prepare new submittal in accordance with ENGINEER'S notations. Resubmit without delay. Repeat if required to obtain different action marking. 4. PROJECT RECORD DOCUMENTS A. Maintain at the project site one record copy of the drawings, project manual, addenda, change orders and other modifications to contract, field orders or clarifications, shop drawings, field test records,and associated permits. B. Provide one marked up set of drawings to Engineer at substantial completion for use in preparation of record drawings. C. Maintain record documents in clean dry, legible condition and in good order. Do not use record documents for construction purposes. Make record documents available for inspection by Engineer. 5. BUILDING PERMITS Contractor shall be required to obtain all necessary building permits from the City of Waterloo Building Department. All costs for permits shall be the responsibility of the Contractor. 6. STANDARD SPECIFICATIONS The Standard Specifications,which are referenced in the contract documents,are designated as follows: WATERLOO STANDARD SPECIFICATIONS - Standard Specifications for Municipal Public Works Construction,City of Waterloo,Iowa." 7. SPECIAL PROVISIONS Standard Specifications are amended by the following additions. These are Special Provisions and shall prevail over those published in the Standard Specifications. Section 26 05 02-Basic Materials and Methods Section 26 5100-Lighting 8. AIRPORT SECURITY REQUIREMENTS Contractor's supervisory employees shall obtain Security Clearance prior to having access to any area on the Airport within the limits of the perimeter fence (the 8' and 10' chain link fence). Other contractor employees who have a need for access to a work area on the Airport must be escorted by an employee with current Security Clearance. The Security-Cleared employee shall have no more than 10 employees under SPECIAL PROVISIONS MOT CSVI 9I210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 SP-3 of 4 Page 196 of 693 his/her direct supervision. This employee shall be in direct contact and control of and be responsible for all employees under his/her supervision at all times. The procedure for a Contractor's employee to obtain Security Clearance is as follows. a. Obtain fingerprint form from the Airport Administration. Provide data on the fingerprint form and take it to the Waterloo Police Department office in City Hall. Fingerprinting will be conducted by the Waterloo Police Department. Return the completed fingerprint form to the Airport Administration. The cost of fingerprinting at the Waterloo Police Department is$10.00 per person to be paid at time of fingerprinting. b. The completed fingerprint form that has been returned to the Airport Administration will be forwarded for a criminal background check. c. After the background check is completed, which takes approximately 7-10 days, Airport Administration will issue approval notice of unescorted access to the airfield. d. Prior to access to the airfield, the person(s) are required to attend a Driver Training Program at the airport. This program takes approximately two(2)hours to complete. e. In addition to the cost of fingerprinting, a non-refundable payment in the amount of$100 is required for each Airport Security Clearance Request. This payment is due to the Waterloo Regional Airport when the completed fingerprint form is returned to Airport Administration. Each company or agency must provide the Airport Administration with a list of individuals who have or are requesting Airport Security Clearance. * * *END OF SECTION SPECIAL PROVISIONS MOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 SP-4 of 4 Page 197 of 693 SECTION 26 05 02 BASIC MATERIALS AND METHODS PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Raceway Systems 2. Wire,Cables and Connectors 3. Wiring Devices 1.02 QUALITY ASSURANCE A. Items provided under this section shall be listed or labeled by UL or other Nationally Recognized Testing Laboratory(NRTL). 1. Term"NRTL"shall be as defined in OSHA Regulation 1910.7. 2. Terms"listed"and"labeled"shall be as defined in National Electrical Code(NEC),Article 100. B. Regulatory Requirements: 1. National Electrical Code (NEC): Components and installation shall comply with National Fire Protection Association(NFPA)70. PART2 PRODUCTS 2.01 METAL CONDUIT AND TUBING A. Electrical Metallic Tubing and Fittings: NEMA C80.3 with compression-type fittings. B. Liquid tight Flexible Metal Conduit: Flexible steel conduit with PVC jacket. 2.02 FITTINGS A. Fittings for steel conduits: 1. Steel or malleable iron,zinc galvanized or cadmium plated. 2. Do not use set screw or indentor type fittings. 3. Do not use aluminum or die cast fittings. 4. EMT Connectors and Couplings: a. Threaded. b. Insulated throat. C. Gland compression type. d. Rain and concrete type. 5. Comply with ANSI C80.4. 6. Comply with NEMA FB 1,compatible with conduit materials. B. Fittings for flexible metal conduit. 1. Insulated throat type. AECOM 60647162 26 05 02-1 HANGAR REHABILITAT g62 2l b8 of 693 2. Threaded. 3. Grounding type. 4. Liquidtight: 1 piece sealing"O"rings with connectors when entering boxes or enclosures. 2.03 BOXES A. Of indicated types,sizes and NEMA enclosure classes. Where not indicated,provide units of types,sizes, and classes appropriate for use and location. Provide items complete with covers and accessories required for intended use. Provide gaskets for units in damp or wet locations. B. Fasteners: 1. General Use: Corrosion resistant screws and hardware including cadmium and zinc plated items. 2. Damp or Wet Locations: Stainless steel screws and hardware. C. Outlet Boxes: 1. Boxes shall be of type,shape,size,and depth to suit each location and application. 2. Steel Boxes: Sheet steel with stamped knockouts,threaded screw holes and accessories suitable for each location including mounting brackets and straps,cable clamps,exterior rings and fixture studs.. D. Pull and Junction Boxes: 1. Boxes shall have screwed or bolted on covers of material same as box and shall be of size and shape to suit application. 2. Galvanized Steel Boxes: Flat rolled,code gauge,sheet steel with welded seams. Hot-dip galvanized after fabrication. Cover shall be gasketed. 2.04 WIRES,CABLES,AND CONNECTORS A. Building wires and cables with insulation type,cable construction,and rating as required to meet application and NEC requirements. B. Manufacturers: 1. Wire and Cable: a. Southwire. b. Houston Wire and Cable. C. Belden. d. American Insulated Wire Corp. e. Republic Wire. f. Superior Essex. 2. Connectors: a. FCI-Burndy. b. Thomas and Betts. C. Blackburn,Thomas and Betts. C. Copper wire only. D. 600v insulation(ASTM standard compounds)and color code conductors for low voltage(secondary feeders and branch circuits)as required by NEC. AECOM 60647162 26 05 02-2 HANGAR REHABILITAT g62 2l b9 of 693 1. Type THWN Stranded: Single conductor No. 12 AWG minimum for branch circuit and feeder conductors size No. 8 AWG and smaller. 2. Provide grounding conductor when run with circuit conductors with same insulation as circuit conductors. E. Joints,Taps,and Splices: 1. Joints, Taps, and Splices in Conductors No. 10 AWG and Smaller: UL listed preinsulated compression spring-type solderless connectors. 2.05 WIRING DEVICES A. Manufacturers: 1. Hubbell Wiring Device Division. 2. Pass and Seymour/Legrand 3. Appleton Electric Company. 4. Cooper Crouse-Hinds Company. B. Color: Brown unless otherwise indicated or required by NEC. C. Ground-Fault Circuit Interrupter Receptacles(GFCI). 1. Ratings: 120 vac.,20 amp. 2. Tripping Requirement: UL Class A. 3. Construction: a. Shallow depth. b. Line and load terminal screws. C. Noise suppression. d. Feed through. e. Standard duplex wall plates shall fit. f. NEMA 5-20R configuration. 4. Meet requirements of UL 943 ground-fault circuit interrupters. D. Wiring Device Plates and Covers: 1. Wall plates for wiring devices with ganging and cut-outs as indicated,provided with metal screws for securing plates to devices,screw heads colored to match finish of plate. 2. Plates for Flush Mounted Devices: a. Hubbell high-impact smooth nylon in brown color. PART 3 EXECUTION 3.01 RACEWAY SYSTEMS A. Outdoors,Damp or Wet Locations: Use following wiring methods unless otherwise noted on Drawings: 1. Exposed: Rigid Galvanized Steel. B. Indoor Dry Locations: Use following wiring methods unless otherwise noted on Drawings. 1. Exposed: Electrical metallic tubing. AECOM 60647162 26 05 02-3 HANGAR REHABILITAWg62e07k0 of 693 2. Liquidtight flexible metal conduit maximum length 36 in. C. Use 1/2 in.minimum trade size conduit unless otherwise noted. D. Examine surfaces to receive raceways,wireways,and fittings for compliance with installation tolerances and other conditions affecting performance of raceway system. E. Coordinate layout and installation of raceway and boxes with existing construction elements to ensure adequate headroom,working clearance,and access. F. Complete conduit installation prior to installing cables. G. Raceway systems shall be continuous from outlet to outlet and from outlets to cabinets,junction or pull boxes. H. Enter and secure to boxes ensuring electrical continuity from point of service to outlets. I. Conduit shall be run concealed except exposed surface conduit may be installed where noted on Drawings or where concealment found to be impractical or impossible,and only with approval of ENGINEER. J. Provide watertight conduit system where installed in wet places. 1. Use threaded hubs when entering top of enclosures. 2. Use sealing type locknuts when entering sides or bottom of enclosures. K. Cap conduits after installation to prevent entry of debris. L. Install conduit expansion fittings complete with bonding jumper in following locations. 1. Conduit runs crossing structural expansion joint. 2. Conduit runs attached to 2 separate structures. 3. Conduit runs where movement perpendicular to axis of conduit may be encountered. M. Install separate ground conductor inside flexible conduit connections. N. Do not install raceway systems within hazardous classified locations of hangars. 3.02 BOXES A. Cap unused knockout holes where blanks have been removed and plug unused conduit hubs. B. Do not burn holes,use knockout punches or saw. C. Provide outlet box accessories as required for each installation such as mounting brackets,fixture studs,cable clamps,and metal straps for supporting outlet boxes compatible with outlet boxes being used and meeting requirements of individual wiring situations. D. Sizes shall be adequate to meet NEC volume requirements,but in no case smaller than sizes indicated. E. Location of outlets and equipment shown on Drawings is approximate. Verify exact location. F. Minor modification in location of outlets and equipment is considered incidental up to distance of 10 ft with no additional compensation,provided notification of modification is given prior to roughing in of outlet. AECOM 60647162 26 05 02-4 HANGAR REHABILITAWg62e07k1 of 693 G. Outlet Boxes and Fittings: Install outlet and device boxes and associated covers and fittings of materials and NEMA types for each location in conformance with following requirements unless otherwise noted on Drawings: 1. Interior Dry Locations: Sheet steel,NEMA type 1 for surface mounting. 2. Locations Exposed to Weather or Dampness: Galvanized,cast metal,NEMA Type 3R. H. Pull and Junction Boxes: Install pull and junction boxes of materials and NEMA types suitable for each location. 1. Mounting height as follows unless otherwise shown on Drawings: 1. Receptacles: 48 in. above floor. 3.03 WIRE AND CABLE A. Install wires and cables as indicated,according to manufacturer's written instructions and NECA"Standard of Installation". B. Run wire and cable in conduit unless otherwise indicated on Drawings. C. On branch circuits,use standard colors. D. Run ground wire with power circuits;conduit shall not be grounding path. E. Size wire for maximum of 5 percent voltage drop at furthest receptacle in circuit. 3.04 JOINTS,TAPS,AND SPLICES A. Where preinsulated spring connectors are used for motor and equipment connections,tape connector to wire to prevent loosening under vibration. B. Cable splices shall be made only in distribution boxes and junction boxes. 3.05 ADJUSTMENT AND CLEANING A. Adjust covers and operating mechanisms for free mechanical movement. B. Tighten wire and cable connections. C. Clean interior of enclosures. D. Touch up scratched or marred surfaces to match original finish. * * *END OF SECTION AECOM 60647162 26 05 02-5 HANGAR REHABILITAWg62e0zk2 of 693 PAGE LEFT BLANK INTENTIONALLY Page 203 of 693 SECTION 26 5100 LIGHTING PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Exterior lighting fixtures 2. LED Lamps 3. Electronic Drivers 4. Accessories. 1.02 SUBMITTALS A. Product Data: 1. Describe fixtures, lamps, drivers and lighting units. Arrange Product Data for fixtures in order of fixture designation. 2. Include data on features and accessories and following: a. Outline drawings indicating dimensions and principal features of fixtures. b. Electrical Ratings and Photometric Data: Certified results of laboratory tests for fixtures and lamps. B. Shop Drawings: 1. Detail nonstandard fixtures and indicate dimensions,weights,method of field assembly,components, features,and accessories. C. Maintenance and Operating Data(O&M): 1. Maintenance data for fixtures to include operation and maintenance information. 1.04 QUALITY ASSURANCE A. Items provided under this section shall be listed or labeled by UL or other Nationally Recognized Testing Laboratory(NRTL). 1. Term"NRTL"shall be as defined in OSHA Regulation 1910.7. 2. Terms"listed"and"labeled"shall be as defined in National Electrical Code(NEC),Article 100. 3. Special Listing and Labeling: Provide fixtures for use in damp or wet locations,underwater, and recessed in combustible construction that are specifically listed and labeled for such use. Provide fixtures for use in hazardous(classified)locations that are listed and labeled for specific hazard. B. Regulatory Requirements: 1. National Electrical Code (NEC): Components and installation shall comply with National Fire Protection Association(NFPA)70. C. Coordinate fixtures,mounting hardware,and trim with building construction and other items,when required to be mounted on walls. AECOM 60647162 2651 00-1 HANGAR REHABILITA N20 a eo2h4 of 693 1.05 EXTRA MATERIALS A. Furnish extra materials described below that match products installed,are packaged with protective covering for storage,and are identified with labels describing contents. 1. Plastic Diffusers and Lenses: 1 for every 100 of each type and rating installed. Furnish at least 1 of each type. 2. Drivers: Furnish at least 1 of each type. 3. Globes and Guards: 1 for every 20 of each type and rating installed. Furnish at least 1 of each type. PART PRODUCTS 2.01 LED FIXTURES AND FIXTURE COMPONENTS A. Heavy wall(0.125 minimum thickness)cast aluminum driver housing with access to the driver and vented space for dynamic airflow. Driver shall be equipped with a quick-disconnect. Housing sealing the driver shall be 1P 66 rated. B. High power factor type driver,minimum 0.90%. C. Universal driver voltage 120-277 volt,60 Hz,less than 20%THD with temperature range of-30°F to 104°F. D. Optics for distribution per fixture schedule. E. 3G vibration rated. F. Rated bugproof. 2.02 LAMPS A. Lamps shall be white LED Type 4000K minimum color temperature, 50,000-hour life minimum (L-70 rating). 2.03 FINISHES A. Manufacturer's standard,except as otherwise indicated,applied over corrosion-resistant treatment or primer, free of streaks,runs,holidays,stains,blisters,and similar defects. PART 3 EXECUTION 3.01 INSTALLATION A. Set units plumb,square,and level with walls,and secure according to manufacturer's written instructions and approved Shop Drawings. B. Lamping: Where specific lamp designations are not indicated, lamp units according to manufacturer's instructions. 3.02 CONNECTIONS A. Ground lighting units. Tighten electrical connectors and terminals, including grounding connections, according to manufacturer's published torque-tightening values. Where manufacturer's torque values are not indicated,use those specified in UL 486A-486B. AECOM 60647162 2651 00-2 HANGAR REHABILITA N20 a eo2h5 of 693 3.03 FIELD QUALITY CONTROL A. Inspect each installed fixture for damage. Replaced damaged fixtures and components. B. Replace fixtures that show evidence of corrosion during Project warranty period. 3.04 ADJUSTING AND CLEANING A. Clean fixtures after installation. Use methods and materials recommended by manufacturer. B. Adjust aimable fixtures to provide required light intensities. Confirm aiming requirements with OWNER on- site.Adjust to OWNER's satisfaction. * * *END OF SECTION AECOM 60647162 2651 00-3 HANGAR REHABILITA N20 a eo2h6 of 693 PAGE LEFT BLANK INTENTIONALLY Page 207 of 693 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO,IOWA Department of Engineering SECTION A-Definitions of Terms SECTION B-Scope of work SECTION C-Control of Materials and Work SECTION D-Procedure and Progress SECTION E-Measurements and Payments SECTION F-Legal Relations and Responsibility SECTION A-DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract,acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo,Iowa. 3. ENGINEER. The City Engineer of Waterloo,Iowa,or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications,or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council,contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm,or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form,for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part,which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions,definitions,and instructions set forth in the official publications relating to the work,the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,S-1 of x'08 of 693 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council,official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo,Iowa,guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion,both dates inclusive. The contract period may be extended by the Council,as provided in these specifications,in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both,equipment,transportation,or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B-SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by anyone shall be as binding as if called for by all. The intention of the documents is to include all labor,materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied,have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination,satisfied himself as to the nature, character and location of the work,the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can,in any way, affect the work under this contract. No verbal agreement or conversation with any officer,agent,or employee of the City,either before or after the execution of the Contract,shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor,in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,S-2 of x'09 of 693 plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately,in writing,and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys,will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor,the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City,without invalidating the contract,may order extra work or make changes by altering, adding to, or deducting from the work,the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract,except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However,when the work is completed without change in the plans,and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material,together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232-6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets,highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work,the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,S-3 of x'10 of 693 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences,properly secluded,for the laborers on the work,and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences,sidewalks,or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C-CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed,manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall,at all times,be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials,workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress,and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and,where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer,it must,if required by the Engineer,be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract,the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and,in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed;also,to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract,and to direct the attention of the Contractor to such failure or infringement;but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge,relax,or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to GENERAL SPECS IDOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,SgefL'11 of 693 the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished,and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved,which,if no agreement in regard thereto is reached,shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve benchmarks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused,by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error,inconsistency,or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority,will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City,and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. GENERAL SPECS IDOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,SgefL'12 of 693 Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications,it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work,shall be furnished by the Contractor as part of the work,whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded,the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work,shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times,enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three(3)days'written notice to the Contractor may,without prejudice to any other remedy he may have,make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor,provided, however,that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D-PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of an use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time,or both,as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades,no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work;or by strikes,lockouts,fire,unusual delays in transportation,unavoidable casualties,or GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,S-6 of x'13 of 693 any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay,only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work,wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one- fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration of three-fourths (3/4) of the contract period,the work shall be three-fourths(3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails,within ten(10)days,to proceed as directed in the said notice,then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided,to supply enough skilled workmen or proper materials;or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract,then the City,upon the certificate of the Engineer that sufficient cause exists to justify such action,may,without prejudice to any other rights or remedy, and after giving the Contractor seven(7)days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever,the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which,the City shall have the right to remove such equipment and supplies at the expense of the Contractor. GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,S-7 of x'14 of 693 SECTION E-MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials,with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal,the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work,plus fifteen percent(15%) of the cost thereof. In computing the labor cost on such extra work,the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor,and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance,prorated,for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine,power tools, or equipment, including fuel and lubricants,but not including small hand tools,which may be deemed necessary or desirable to use,the Contractor shall be allowed a reasonable rental thereon,to be agreed upon in writing by the Engineer before such work is begun,and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent(15%)allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing,except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,S-8 of x'15 of 693 and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim,which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct,the Engineer shall,within ten(10)days,prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided,and the decision of the arbitrator or arbitrators shall be final,and the Engineer shall,within a period of five (5)days,file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty(30)days,the final ten percent(10%)shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report,and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. SECTION F-LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances,and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may,however,be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures,and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 F9,S-9 of x'16 of 693 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract,or for a period of a least ten (10) days following the filing of written notice of cancellation,protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms,or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $5,000,000.00 Products—Completed Operations Aggregate Limit $5,000,000.00 Each Occurrence Limit $5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, and the Engineer, AECOM, named as "Additional Named Insureds." A certificate,or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer,to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 �agef x'17 of 693 thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract,and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may,within a reasonable time,object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. The Contractor shall not cause a delay of the work during any arbitration proceedings,except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision,within ten(10) days of its receipt, and in any other case, within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws,the parties may agree upon one arbitrator; otherwise,there shall be three--one named in writing by each party to this contract to the other party,and the third chosen by these two arbitrators,or,if they fail to select a third within ten(10)days,then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing,the arbitrators are empowered by both parties to proceed ex parte. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and,wherever permitted by law, it may be filed in Court to carry it into effect. GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 �agef x'18 of 693 The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time,expense,and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement,and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award,unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified,the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance,and with surety thereon satisfactory and acceptable to the City,to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen,or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not,in fact,conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives,nor any payment for or acceptance of the whole or any part of the work,nor any extension of time,nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved,or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. * * *END OF SECTION GENERAL SPECS MOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 Wagef x'19 of 693 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however,that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests,which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person,firm,or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. * * *END OF SECTION SUPPLEMENTAL GENERAL SPECIFICATIONS IDOT CSVI 9121OAL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 0440220Q_ of 693 PAGE LEFT BLANK INTENTIONALLY Page 221 of 693 FORM OF CONTRACT FOR THE CONSTRUCTION OF HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT In the City of Waterloo,Iowa IDOT CSVI PROJECT NO.9I210AL0200 IDOT CONTRACT NO.22634 This contract made and entered into this day of ,20_,by and between the City of Waterloo,Iowa,a Municipal Corporation,(hereinafter referred to as City),and of (hereinafter referred to as Contractor),WITNESSETH: PAR. 1 Contractor agrees to build and construct the HANGAR REHABILITATION and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City,and which is understood and agreed to be a part of this contract. PAR.2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense,all necessary materials and labor for said work and to construct said improvements in a thorough, substantial,and workmanlike manner,and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference,and to the satisfaction and approval of the City and its engineer. PAR.4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten(10)working days after receipt of"Notice to Proceed"and complete it on or before July 16,2021,unless an extension of time is granted in writing by the Council of the City. PAR.6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified,the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR.7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo,Iowa,relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley,and maintaining proper and sufficient barricades with lights and signals during all hours of darkness,to see that the backfilling is properly done,and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act,omission or negligence of the Contractor or its agents,or on account of any injuries allegedly sustained by reason of any obstruction,hole,depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for,that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the FORM OF CONTRACT IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(202 1) AECOM 60647162 CONTRACT NO.22634 C-1 O Page F2 2 of 693 Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material,which has been rejected by the construction reviewer,shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor,material,men,or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor,material,or men under this contract. PAR. 13 The Contractor agrees to fumish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders,which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council,and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty(30)consecutive days without reasonable cause,and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City,or after such notice has been served on it,then the City may proceed to complete said work,using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect,and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations,and conditions hereof,or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract,based on the Engineer's estimates of quantities and the Contractor's unit bid prices,and for which 100%surety bond is required,is$ PAR. 17 After the completion of said work,the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference,this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the FORM OF CONTRACT MOT CSVI 9I210ALO200 HANGAR REHABILITATION(202 1) AECOM 60647162 CONTRACT NO.22634 C-2 O Page F2 3 of 693 contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR.20 The Contractor shall maintain all work done hereunder in good order for the period of two(2) years from and after the date it is accepted by the Council of the City of Waterloo,Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2)years from the date of its acceptance by said Council, and after having been given ten(10)days' notice so to do by registered letter deposited in the United States Post Office in said town,addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR.21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four(4)and not less than three(3)months prior to the expiration of the term during which the Contractor is required to maintain said improvements,in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three(3)months after such notice has been given to the City,and,in any event,until two(2)years after the acceptance of the work. CITY OF WATERLOO,IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo,Iowa,this day of 20. ATTEST: City Clerk Waterloo,Iowa FORM OF CONTRACT IDOT CSVI 9I210AL0200 HANGAR REHABILITATION(202 1) AECOM 60647162 CONTRACT NO.22634 C-3 O Page F2 4 of 693 PAGE LEFT BLANK INTENTIONALLY Page 225 of 693 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the"Principal"),and of (the"Surety"),are held and firmly bound unto the City of Waterloo,Iowa(the"Obligee"),in the penal sum of Dollars($ ),lawful money of the United States,for the payment of said sum in connection with a contract(the"Contract")dated on or about for the purpose of The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default,or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions;or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions,and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder,or negotiated proposal,arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term"balance of the Contract price"means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal;or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced,Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement,including but not limited to reasonable attorneys'fees and expenses. Every Surety on this bond shall be deemed and held,any contract to the contrary notwithstanding,to consent to each and all of the following matters,without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans,specifications,or Contract when such change does not involve an increase of more than twenty percent(20%) of the total Contract price and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one(1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. PERFORMANCE BOND IDOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 PFB-1 of 2 Page 226 of 693 IN WITNESS WHEREOF,the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name Name By: By: Title: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership,all partners should execute BOND. PERFORMANCE BOND IDOT CSVI 91210AL0200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 PFB-2 of 2 Page 227 of 693 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a hereinafter called Principal, (Corporation,Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety,are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER,in the penal sum of Dollars,($ )in lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Principal entered into a certain contract with the OWNER,dated the day of ,20_, a copy of which is hereto attached and made a part hereof for the construction of: HANGAR REHABILITATION WATERLOO REGIONAL AIRPORT NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND MOT CSVI 9I210AOL200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 PB-1 of 2 Page 228 of 693 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS HEREOF,this instrument is executed in counterparts,each one (number) of which shall be deemed an original,this the day of ,20_ . ATTEST: Principal (Principal) Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership,all partners should execute BOND. PAYMENT BOND MOT CSVI 9I210AOL200 HANGAR REHABILITATION(2021) AECOM 60647162 CONTRACT NO.22634 PB-2 of 2 Page 229 of 693 APPENDIX I 1. PLANS AND DETAILS Page 230 of 693 Page 231 of 693 2 REPLACE EXISTING DOOR AND FRAME 125'-0" U GENERAL NOTES: 0 1. EXISTING RACEWAY AND CONDUCTORS TO REMAIN. 2. DISCONNECT, REMOVE EXISTING LIGHT FIXTURES. I o I I 3. PROVIDE (20)VISION ENGINEERING LED HIGH BAY INDUSTRIAL LIGHTS o #VHB3-L3-90D-40K-SL-120V-CM OR EQUAL. ALL SUBSTITUTIONS NEED TO 15'-0" N30'-0" 30'-0" 30'-0" 15'-0" BE SUBMITTED FOR REVIEW. o w KEY NOTES: INSTALL FIXTURE AT SAME LOCATION AND RECONNECT TO EXISTING CIRCUIT AND SWITCH. TYPICAL. C? GALVANIZED HOLLOW METAL DOOR AND FRAME. DOOR PANEL TO BE `V INSULATED 36"W X 84"H (FIELD CONFIRM DIMENSIONS). FRAME TO BE 2" FACE X 5 4" DEEP. SDI LEVEL 3 AND A MODEL 1. PROVIDE SEALED FLUSH TOP EDGE ON DOOR PANEL. ti cul DOOR HARDWARE (OR EQUAL) - HINGE: 6131191 NRP (PBB) l o o - LOCKSET: ND53PD ATHENS (SCHLAGE) - KEYED FOR AIRPORT BEST LOCK SYSTEM - CLOSER: P1461 (DORMA) WEATHER STRIP: DS70 (REESE) I - SWEEP: 323 (REESE) - THRESHOLD: S41-A(REESE) N - RAIN CAP O o V I N I I I 11 _o I N I I I 0 0 D_ J�zR o�o(if z �Nl< J pH z< C? � I I I z'mo as 0 Z N wwww� Q H 07 L _ a°(Do< = 0 L) J O 0 DATE FEB LIGHTINGPLAN PROJECT N0..10, 21 SCALE: 1/8" = 1'-O" FILENAME 16' 24' SHEET NO. bi SCALE: 1/16" = 1'-0" DRAWING NO. Pacie 232 of 693 1 2 REPLACE EXISTING DOOR AND FRAME 125'-0" " U GENERAL NOTES: 0 1. EXISTING RACEWAY AND CONDUCTORS TO REMAIN. 2. DISCONNECT, REMOVE EXISTING LIGHT FIXTURES. 0 3. PROVIDE (20)VISION ENGINEERING LED HIGH BAY INDUSTRIAL LIGHTS o #VHB3-L3-90D-40K-SL-12OV-CM OR EQUAL.ALL SUBSTITUTIONS NEED TO 15 04-0" 30'-0" 30'-0" 30'-0" 15-0" BE SUBMITTED FOR REVIEW. s W KEY NOTES: INSTALL FIXTURE AT SAME LOCATION AND RECONNECT TO EXISTING CIRCUIT AND SWITCH. TYPICAL. 2� GALVANIZED HOLLOW METAL DOOR AND FRAME. DOOR PANEL TO BE `V INSULATED 36"W X 84"H (FIELD CONFIRM DIMENSIONS). FRAME TO BE 2" FACE X 5 4" DEEP. SDI LEVEL 3 AND A MODEL 1. PROVIDE SEALED FLUSH TOP EDGE ON DOOR PANEL. L Ll Ll DOOR HARDWARE (OR EQUAL) - HINGE: BB1191 NRP (PBB) a 0 - LOCKSET: ND53PD ATHENS (SCHLAGE) - KEYED FOR AIRPORT BEST LOCK SYSTEM - CLOSER: P1461 (DORMA) - WEATHER STRIP: DS70 (REESE) - SWEEP: 323 (REESE) Fl rl - THRESHOLD: S41-A(REESE) NL Ll Ll - RAIN CAP O I I V L Ll Ll N '' O i r N 0 0 NH O w J z I I I O�Ow z N N Q a Q> Q 63J> N J pz�lzo W d o ww C9 Z N Lu 04 Z H w aaaoa 2 z J UD=H O 2 LIGHTING PLAN DAA FEB. 10 202, PROJECT NO. 60647162 SCALE: 1/8" = 1'-O" / FILENAME 0 2'4' 8' 16' 24' SHEET No. SCALE: 1/16" — 1'-O" DRAWNG NO. Page 233 of 693 2 0 Y t U GENERAL NOTES: 60'-0" 1. EXISTING RACEWAY AND CONDUCTORS TO REMAIN. 2. DISCONNECT, REMOVE EXISTING LIGHT FIXTURES. 3. PROVIDE (34) LITHONIA LED INDUSTRIAL STRIP LIGHTS #CLX L96 18,000LM SEF WDL MVOLT GZ10 40K 80CRI WH OR EQUAL. ALL SUBSTITUTIONS NEED TO BE SUBMITTED FOR REVIEW. 5 KEY NOTES: 7'-0" 15'-0" 15'-0" 1� INSTALL FIXTURE AT SAME LOCATION AND RECONNECT TO EXISTING CIRCUIT AND SWITCH. TYPICAL. ox 0 0 Lo �y Ln O O a� N Fv�� O o 00 a O BREAKER '1 0 0 0 0 0 0 6'x T DOOR 0 0 0 0 0 N � o � ¢mz0 ocDoa �NFQQ Z a TxTDOOR oomzo Oma �UQ0 Q C� OfW�� Z °owo� Z H a L)< a = s�z x c� vo=H J O DATE F LIGHTING PLAN PROJECTTNNO060 202, 1 60647162 FILENAME SCALE: 1/8" = 1'-0" SHEET N0. 0 2'4' 8' 16' 24' �MQ ;p DRAN7NG N0. ii S Ha Ee1� 4 0 e93 3 0 Y 75'-0" U GENERAL NOTES: 1. EXISTING RACEWAY AND CONDUCTORS TO REMAIN. 0 2. DISCONNECT, REMOVE EXISTING (40) LIGHT FIXTURES. DASHED 00 FIXTURES WILL NOT BE REPLACED. PROVIDE COVER OVER CIRCUIT EACH JUNCTION BOX. N LJ 16'-0 A 16'-0" LJ 16'-0" 16'-0" LJ 5, 0,. 3. PROVIDE (20)VISION ENGINEERING LED HIGH BAY INDUSTRIAL LIGHTS 5 o I I I I #VHB3-L3-90D-40K-SL-120V-CM OR EQUAL. ALL SUBSTITUTIONS NEED TO N BE SUBMITTED FOR REVIEW. r� KEY NOTES: LJLJ LJ 0 ED INSTALL FIXTURE AT SAME LOCATION AND RECONNECT TO EXISTING = CIRCUIT AND SWITCH. LJ LJ D LJ o N O� r� Fl LJLH LJ �S a N LJ LJ LJ CD LJ LJ V C? N r� F1 M F1 r] LJ Ll J Ll LJ CD N M Fl C? LJ LJ EO 0 O ¢mz0 ocD_Oa Z N N a a Q br'0 Q J Qaz�zO M d �UQOO � w<Ww0 Q Z a ozxow Z H aaaoa Q 2 za' 2 t� vo=w J a O 0 DATE LIGHTING PLAN FEB. 0 202, PROJECT N0. 60647162 FILENAME SCALE: 1/8" = 1'-0" xx 0 2'4' 8' 16' 24SHEET No. DRAMNG NO. »»» SCALE: 1/16" = 1'-0" Page 235 of 693 4 0 125'-0" U D Z KEY NOTES: 5 `-.EGALVANIZED HOLLOW METAL DOOR AND FRAME. DOOR PANEL TO BE INSULATED 36"W X 84"H (FIELD CONFIRM DIMENSIONS). FRAME TO BE 2" FACE X 5 4" DEEP. SDI LEVEL 3 AND A MODEL 1. PROVIDE SEALED FLUSH TOP EDGE ON DOOR PANEL. DOOR HARDWARE (OR EQUAL) 10 - HINGE: BB1191 NRP (PBB) - LOCKSET: ND53PD ATHENS (SCHLAGE) - KEYED FOR AIRPORT BEST LOCK SYSTEM - CLOSER: P1461 (DORMA) t� - WEATHER STRIP: DS70 (REESE) z f i SWEEP: 323 (REESE) THRESHOLD: S41-A(REESE) - RAIN CAP C? N O V 11 D D D D D REMOVE AND REPLACE EXISTING DOOR AND o Z FRAME. °mzo Q ocDpa � wN�Q< Z Z Li oa�5J0 O z�m' H 00 w Q CE W W W O a J �ww0c z J Q °o<0�Q a H CUT NEW DOOR OPENING IN WALL a v 0 x w co PANELS. TRIM ALL EXPOSED EDGES. cn o a w Z C)gxF- w 0 DOOR LOCATIONS GATE FEB. 2021 PROJECT N0. 600 647162 SCALE: 1/8" = 1'-O" FILENAME xx 0 2'4' 8' 1 24' 1 SHEET N0. SCALE: 1/16" = 1'-O" ORA...N0. Page 236 of 693 5 Page 237 of 693 APPENDIX 2 1. PHOTOGRAPHS OF EXISTING CONDITIONS Page 238 of 693 Page 239 of 693 Hangars 1 • �4 MF=� I w—im W.-c p"'.m T i ti4 k, x r ti Page 1 of 693 Hangars 3A • P k ' Xr9f Page 4of 693 Y l r 1+d .cif ���,•� r Page . .• r Page of 693 Hangar 1 and 2 Doors 2849 l , r 1 285.1- Page 244 of 693 Hangar 5 Door Replacement 2850 Page 245 of 693 Hangar 5 New Door � I Rr Page 246 of 693 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, bid documents etc., setting date of bid opening as March 18, 2021 and date of public hearing as April 5, 2021, in conjunction with the 2021-2023 Right-of-Way Mowing Contract, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Bid Documents Backup Material Resolution approving preliminary_plans, specifications, form of contract, bid SUBJECT: documents etc., setting date of bid opening as March 18, 2021 and date of public hearing as April 5, 2021, in conjunction with the 2021-2023 Right-of- Way Mowing Contract, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: JB Bolger, Interim Assistant Parks Superintendent Approve the plans, specifications, form of contract, and bid documents. Recommended Action: Set date of bid opening as Thursday March 18, 2021 and public hearing as Monday April 5, 2021. The City of Waterloo utilizes contractors to mow many of the City's right of ways including the following: - San Marnan Dr. -US Hwy 218 -US Hwy 20 overpasses - Greenhill Rd. Summary Statement: -Martin Luther King Jr. Dr. -Broadway St. -Dubuque Rd. -US Hwy 63/Logan Ave. Pricing for this contract will be honored for three years including the 2021- 2023 mowing seasons. Estimate: Expenditure Required: Option A: $59.00/Acre Option B: $56.00/Acre Option C: $53.00/Acre Source of Funds: 4100-1390 Contracted Services Policy Issue: N/A Alternative: Purchase more mowing and transport equipment, hire more City maintenance employees and mow these areas "in house." Page 247 of 693 Background Information: Leisure Services has been using private contractors to mow these right of way areas for approximately 30 years. Page 248 of 693 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2021-2023 RIGHT-OF-WAY MOWING The Waterloo Leisure Services Commission is seeking bids for 2021-2023 RIGHT-OF-WAY MOWING. BID REQUEST Sealed bids are due 1:00pm, Thursday, March 18, 2021, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703, Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, March 18, 2021, at 1:00pm. DUE TO COVID-19 BID OPENINGS ARE NOT OPEN TO ATTEND IN PERSON. VENDORS AND INTERESTED PUBLIC MAY ATTEND DIGITIALLY THROUGH THE CITY'S YOUTUBE BID OPENING PAGE; http://www.cityofwaterlooiowa.com/government/municipaigovermentbids.php Public hearing on the project will be conducted April 5, 2021 at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. DUE TO COVID-19 CITY COUNCIL MEETINGS ARE NOT ATTENDABLE IN PERSON. VENDORS AND INTERESTED PUBLIC MAY ATTEND DIGITALLY BY CONTACTING THE CLERKS OFFICE FOR ZOOM MEETING LOGIN INFORMATION FOR THIS MEETING. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2021-2023 RIGHT-OF-WAY MOWING All work to meet City of Waterloo codes. Questions, please contact JB Bolger, Assistant Park Superintendent, at Leisure Services, 291- 4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 249 of 693 CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2021-2023 RIGHT-OF-WAY MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, March 18, 2021, until 1:OOpm., for the 2021-2023 RIGHT-OF- WAY MOWING as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2021-2023 RIGHT-OF-WAY MOWING will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on March 18, 2021, at 1.;00 P.M., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. DUE TO COVID-19 PROTOCOL THE BID OPENINGS ARE NOT CURRENTLY OPEN TO ATTEND IN PERSON. INTERESTED BIDDERS MAY ATTEND DIGITALLY THROUGH THE CITY'S YOUTUBE BID OPENING PAGE: http://cityofwaterlooiowa.com/government/municipalgovei-nnentbids,php PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 20212023 RIGHT-OF-WAY MOWING at 5:30 p.m. on Monday, April 5, 2021. The hearing will be held digitally using Zoom Meeting Software. Vendors and interested public may attend by contacting the Clerk's Office for Zoom. Meeting login information prior to the meeting. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to mow the designated right-of-way areas in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this roposed contract shall be the 2021-2023 growing season (approximately May 1"to October 15t' each year). Page 250 of 693 i PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid on a per unit price (WITH EACH "Option"treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sura of Three Thousand Dollars ($3,000.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. E CONTRACT AWARD ` The Leisure Services Commission has divided the mowing contract into three (3) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. i The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per-Option or a total basis, is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in city projects during the current calendar year. Page 251 of 693 E. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed the previous period. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of acres mowed must agree with numbers recorded by the Leisure Services Commission. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2021 City of Waterloo, Iowa, Kelley Felchle, City Clerk s I i I i i r I Page 252 of 693 i CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS L EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Farm or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to coverthe cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. rNSTxucTroNs To BIDDERS P ®I253 of 693 I i E' V. COLLUSIVE AGREEMENTS i' [' A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the forrrr herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. F INSTRUCTIONS TO BIDDERS PAGE 2 OF 3 Page 254 of 693 IX. CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature,the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the an specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. C. The failure of the successful bidder to execute such agreement and to supply the required insurance within ten(10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising,the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. X. SEVERABILITY Either party may choose to terminate this contract or agreement by providing written notice during the month of January. INSTRUCTIONS TO BIDDERS PAGE 3 OF 3 is i Page 255 of 693 I' CITY OF WATERLOO, IOWA Waterloo Leisure Services E GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract- means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda(if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). E Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. E The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting fiom failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the E Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE [OF 3 f Page 256 of 693 E Fitting and Coordination of the Work E The Contractor shall be responsible for the proper fitting of all work and for the coordination of the E operations of all Subcontractors engaged upon this Contract, The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing trees, shrubs,turf, sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas,trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and mowing equipment. This protection shall be formed by creating a one foot clear zone radius around all trees and shrubs. This clear zone may be created by chemical application of properly applied non-selective herbicide or by use of string trimmers, Herbicide application is permissible only after providing a copy of the applicators current State of Iowa Commercial pesticide Applicators License and a copy of the chemical label proposed to be used to Waterloo Leisure Services Staff. If using a string E trimmer care shall be taken not to damage trees with this tool. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Page 257 of 693 f Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also cavy insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations perforined by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) $5,000,000.00 per person Aggregate, Products and Completed Operations $5,000,000.00 Property Damage $5,000,000.00 per accident Comp. Auto Bodily Injury $5,000,000.00 per person Property Damage $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Narxred Insured" in the amount of$5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. t All certificates and/or policies of insurance furnished by the Contractor to be filed with the City ( Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be I; required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning,Etc. E The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGE 3 OF 3 Page 258 of 693 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2021-2023 RIGHT-OF-WAY MOWING THREE YEAR CONTRACT NEW FOR 2021 the specifications listed below and the details of these bid documents shall be in place for three mowing seasons. The bidder shall honor their price for each bid item for the 2021, 2022, and 2023 mowing seasons. SCOPE OF WORK The Contractor shall provide all labor and material necessary to mow the designated right-of-way and other turf areas in accordance with these specifications. RIGHT-OF-WAY AREAS The following are the right-of-way areas to be mowed. Included in the mowing areas are medians, shoulders, ditches, and frontage areas. The acreages listed are approximate only and shall be verified by the bidder. The Leisure Services Commission reserves the right to modify and verify actual acreages mowed throughout the season. Budget constraints and actual growing conditions may impact actual number of mowings allowed. NEW FOR 2021: University Ave. Reconstruction Phases 1, II, and III will commence before the mowing season begins. This will impact mowing conditions approximately from US Hwy 63 to the Cedar Falls border. At this time it is the desire of the Leisure E Services Commission to have the contractor mow as much of this area as possible during construction however certain adjustments will need to be made as the reconstruction i` project progresses. All adjustments to mowing requirements shall be made with the approval of the Assistant Parks Superintendent at the Waterloo Leisure Services Commission Office. Adjustment to acreage quantities will be made as needed throughout the contract period in this construction corridor. Eventually and by the final year in the contract all construction should be completed and the full corridor will be mowed, DUE TO THE ADDITION OF MANY NEW TREES AND THIN/ESTABLISHING TURF- CONTRACTOR MUST USE ONLY REAR-WHEEL STEER-OUTFRONT STYLE MOWERS ON UNIVESITY AVE. EXAMPLES OF THIS EQUIPMENT ARE: • JOHN DEERE 1580 • TORO GROUNDSMASTER 3200/3300 ANY MOWER USING ZERO TURN TECHNOLOGY IS EXPRESSLY FORBIDEN TO BE USED IN THE UNIVERSITY AVE CORRIDOOR. NEW FOR 2021: Washington Street Corridor- City staff will take over all mowing along the Washington Street Corridor from Park Ave to 6ch Street. This is a net reduction of 123,718 sq. feet or 2.84 acres. This includes the Lou Henry Hoover Sculpture Garden, in and around the groves of crab apple trees, viaduct parking lot islands, adjacent to the former Lindgren Glass building, Adams &Evenson Accountants, Surplus Grocery Store and Stoner Radiator storage building. Page 1 0Page 259 of 693 I'. Broadway St. (22 acres) Parker St. to Airport Blvd. Dubuque Road (8.2 acres) Nevada St. to Evansdale city limits San Marnan Dr. (36.6 Acres) West 4th to Texas St. US 218 corridor (65.76 acres) US 63 interchange to San Marnan Dr. Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave.,Amborough Ave., W.4t" St. Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho Police Training Center (2.6 acres) Martin Luther King &Elk Run Rd Greenhill Road (28 acres) Cedar palls city limits to US 218 interchange University Avenue (13 acres) Midway Dr. to US 63 Logan Ave/HWY 63 (8.1 acres) Medians and public right of way Newell Street to Ralston Road. SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, tree branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Leisure Services Commission. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snow plow& snow removal operations. This includes adding soil and seeding damaged areas as needed. Downed tree branches need to be removed before each mowing, do not pile them adjacent to trees and leave behind. To include the responsibility for legally disposing of animal carcasses by contacting the City of Waterloo Animal Control Office at 319-883-0797. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. The Leisure Services Commission may [' add or delete mowing of areas based on growing conditions and budget considerations. The following right-of-way areas shall be mowed on a by-weekly basis from F approximately May 1st to October 15 (maximum 12 mowings). i' 1) Greenhill Road (28 acres) 2) San Marnan Dr. (36.6 acres) Medians, north& south frontage from West 4th to Texas St. 3) University Ave. (13 acres) 4) US 218 corridor—(65.76 acres) Mow approx. 20 foot wide path along fence line, from San Marnan Dr. going north on the east side of the on ramp to just past Baur Built Tire, and from San Marnan Dr. going north on the west side of the off ramp to Exit Sign 72. 5) Martin Luther King Jr. Dr. (23 acres from Franklin St. to Idaho St.) 6) Police Training Center (2.6 acres Martin Luther King & Elk Run Rd.) Page 2°Page 260 of 693 i 7) Logan Ave/HWY 63 North(8.1 acres Newell St. to Ralston Rd.) NOTE: Homeowner on the Southwest corner of the Parker/Logan intersection will complete the mowing in the right of way in front of their home. The following right-of-way areas shall be mowed on a biweekly basis from approximately Mayl to June 15, and monthly from June 15 to October 15, for a maximum of 8 mowings based on growing conditions and budget restraints. 1) Broadway St 2) Dubuque Rd. 3) Hwy 20 overpasses GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians clippings shall be bagged or mulched straight down. Ultimately clippings may not land and stay on any road surfaces. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs,poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curbs and into roadways and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new landscaping. Use of herbicides to reduce trimming requirements will be allowed with prior authorization from the Leisure Services Commission and applied by qualified state approved person with commercial applicator license. Copy of applicators current license must be provided to the Leisure Services Commission before any such application be completed. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Leisure Services Commission. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or sllrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the City Forester with no additional cost to the Leisure Services Commission. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Page 3"Page 261 of 693 The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment REQUIRED for this contract: Line trimmers Walk-behind mowers Bagging/mulching mowers Four wheel drive slope running tractor/mower MINUMUM (3) Commercial outfront rotary mowers- 72" or larger deck MINUMUM (3) Utility tractors with Landpride or comparable 14 to 22' tow- behind finish mowers ZERO TURN EQUIPMENT NOT ALLOWED ON UNIVERSITY AVE OR FOR MOWING IN ANY AREAS AROUND TREES. MUST USE REAR WHEEL STEER COMMERCIAL OUTFRONT MOWERS SUCH AS JOHN DEERE 1580 OR TORO 3200/3300. Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this mowing contract. IF REQUESTED THE BIDDER WILL BE REQUIRED TO PRODUCE REQUIRED EQUIPMENT FLEET FOR REVIEW AT THE LEISURE SERVICES OFFICE-1101 CAMPBELL AVE, WATERLOO, IOWA 50701. WATERLOO LEISURE SERVICES STAFF WILL NOT TRAVEL OUTSIDE CITY LIMITS TO CONDUCT REQUIRED EQUIPMENT FLEET REVIEWS. Page 4 ofOage 262 of 693 i CITY OF WATERLOO VENDOR COVID -19 PRECAUTIONS Due to the COVID-19 pandemic and the desire to maintain a safe and healthy workplace for City employees and a safe and healthy place of business for our customers and vendors,the City of Waterloo has developed this set of expectations and operating procedures for the safety of all parties. Communication City staff will notify positive cases in their department to all vendors within 12 hours of test results. ® The City requests that all vendors report positive cases of their employees directly to the city's project manager and department head with in 12 hrs oftest results.This includes employees who had been working on or in a City facility up to 4 days prior to the medical appointment wich included a Covid test. Standard Operation Procedures / Vendors are asked to comply with the City's Covid protocols when entering a City facility. Masks are to be worn in all common areas and when six feet of separation cannot be maintained City employee bathrooms and break areas are not for the use of vendors unless i allowed [ by the Department Head. Those experiencing symptoms are asked not to enter City facilities Those who have tested positive are not permitted to enter City facilities [ until all symptoms and fever are gone and ten 10 days has passed since ( symptoms first appeared. €1 E *Vendors include contraclom,setheontt•actors,consultants,service providers and other vendors entering cify facilities on a regular basis i Page 263 of 693 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of } County of being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and S. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S c c.7 KX 10&ancLYwasrw to 7�P.f 01-ei M tl ilk 2021. 5 �----------------------- r�_,____________________ ___ My e./,cp6re4-_____________________________ Page 264 of 693 I NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR E State of ) County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2021-2023 RIGHT-OF-WAY MOWING CONTRACT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or pal-ties in interest, including this afflant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, E including this affiant. Signature Title i' SLd)j '�.UecL a��vo-rrn,to I��e�v�e,thw 2021. E. My exp�re___-_-__---- Page 265 of 693 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. S. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. i EQUAL OPPORTUNITY CLAUSE PAGE [OF 2 Page 266 of 693 i' i` I I' b. In the event of the contractor's non-compliance with the non-discrimination clauses of this f contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. j 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference,the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. S. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company E will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official E E. Title E: E Date f' E 1 1 I I EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 267 of 693 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. i 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 Page 268 of 693 i F E Dated this day of , 20 Name of Bidder By: Title: State of ) SS County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this_day of , 20 Notary Public My commission expires , 20 i E i E E E i i E i STATEMENT OF BIDDER'S QUALIFICATIONS P41�,56@1`269 of 693 i BID BOND i KNOW ALL MEN BY THESE PRESENTS,that we, E as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called"OWNER". In the penal sum dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, E b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement i created by the acceptance of said Bid, { Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed t the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. i The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or ` execute such contract; and said Surety does hereby waive notice of any such extension. E IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 (Seal) [ Principal f By (Title) Witness i E i Surety By_ Witness Attorney-In-Fact t BID BOND PAGE I OF 1 E Page 270 of 693 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION !' BID FORM €' for 2021-2023 RIGHT-OF-WAY MOWING BIDDER: COMPANY NAME ADDRESS: PHONE: i 1. The undersigned,being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed RIGHT OF-WAY MOWING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all mowing services for: • Broadway St. (22 acres) Parker St. to Airport Blvd. • Dubuque Road (8.2 acres) Nevada St. to Evansdale city limits • San Marnan Dr. (36.6 acres) W.0' St. to Texas St. • US 218 corridor(65.76 acres) US 63 interchange to San Marnan DY. • Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave.,W.4"' St. • Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho. • Police Training Center (2.6 acres) Martin Luther King &Elk Run Rd Total 165.16 acres Price Per Acre: dollars ($ ) i BID FORM page 1 of 3 Page 271 of 693 OPTION B: provide all specified mowing services for • University Ave. (13 acres) and • Greenhill Road (28 acres) Total 41 acres Price Per Acre: dollars ($ ) OPTION C: provide all specified mowing services for Logan Ave/Hwy 63 (8.1 acres) Price Per Acre: dollars($ ) 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non-Collusion Affidavit of Prime Contractor. E 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EO C, within ten(10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: 1 / I I 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a BIB FORM page 2 of 3 Page 272 of 693 i' list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). E The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: E i 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none" or"NA". I 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: 1 I Name and Title BID FORM page 3 of 3 Page 273 of 693 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction with(RACM) Demolition Services, Contract No. RD-2021-03-01P, located at 220 Hopkins Court, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Bid Documents D-2021-03-1P Backup Material Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public SUBJECT: hearing as March 15, 2021, in conjunction with (RACM) Demolition Services, Contract No. RD-2021-03-01P, located at 220 Hopkins Court, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval 220 Hopkins Court was acquired by the City and is in very poor shape and is unsafe to test and abate for asbestos. It has a partially collapsed roof, and Summary Statement: a wall that is starting to collapse. Therefore, the structure must be demolished as RACM (regulated asbestos containing material). Expenditure Required: Unknown Source of Funds: Nuisance Abatement GO bonds Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 274 of 693 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos-Containing Materials (RACM)] (RACM) Demolition Contract # RD-2021-03-01P 220 Hopkins Court City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Page 275 of 693 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (RACM) demolition, removal, disposal and site clearance of 220 Hopkins Court All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 11, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — (RACM) Demolition Contract # RD-2021-03-01 P — 220 Hopkins Court, and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: Demolition and Site Clearance Services (RACM) Demolition Contract# RD-2021-03-01 P —220 Hopkins Court Notice of RFB Date: February 22, 2021 Mandatory Walk Thru Date: 1 p.m. Thursday March 4, 2021 Deadline for Bid Submittal: Thursday March 11, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (RACM) DEMOLITION CONTRACT# RD-2021-03-01 P — 220 HOPKINS COURT City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western()_waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 2 of 8 Page 276 of 693 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday March 11, 2021, at 1:00 pm (our clock) Central Time in the First Floor Conference Room, City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject properties. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-02P: 220 Hopkins Court Page 3 of 8 Page 277 of 693 out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 4 of 8 Page 278 of 693 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) months, anticipated to be from the award of contract estimated to start on March 15, 2021 thru May 14, 2021. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2 Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-02P: 220 Hopkins Court Page 5 of 8 Page 279 of 693 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the City may, at the City's sole option, provide partial payment for partial work completed. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for demolition with regulated asbestos containing material (RACM) of: 220 Hopkins Court 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 6 of 8 Page 280 of 693 The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. The City has designated these structures as immediate threat, structurally unsound, Regulated Asbestos Containing Material (RACM) structures, and their demolition and removal, including basements and cement slabs of basement-less structures, must be handled as such. The structures and basements (or slab of a basement-less structure) must be demolished and removed in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. Because of the RACM demolition designation, the Bidder must be licensed/permitted to perform the type of work proposed herein. All RACM disposals will be delivered to the Black Hawk County Landfill site, and copies of all landfill tickets will be provided to the City of Waterloo. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluator's judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-02P: 220 Hopkins Court Page 7 of 8 Page 281 of 693 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 8 of 8 Page 282 of 693 EXHIBIT""A" SIGNATURE PAGE 220 Hopkins Court The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 220 Hopkins Court $ Total $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid 9 Page 283 of 693 EXHIBIT`B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE [removal of Regulated Asbestos Containing Materials (RA CM)] PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representatives for this project are: Chris Western, Planner II/Project Manager, and Aric Schroeder, City Planner(collectively, City's Representative). 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the City's Representative, the Contractor shall: A. Remove and properly dispose of all structures, incidental demolition debris, basement walls, floors, foundations, private sidewalks (excludes public sidewalk in street right-of- way), steps, driveways and all trees from the specified properties. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors,ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Complete the demolition work in accordance with the plans and these technical specifications. 10 Page 284 of 693 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's Representative determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. There shall be Asbestos Warning placards placed in at least the corners of the fence. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. 11 Page 285 of 693 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, street lights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks,utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway subdrains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 12 Page 286 of 693 4.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property address or legal description will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures and other property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. Only materials that are not RACM may be salvaged or taken to anywhere other than the Black Hawk County Landfill. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work, or consider an amendment to extend the term of the Contract. 13 Page 287 of 693 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris,basement walls, foundations, steps,private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed inPart 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART IA—REGULATED ASBESTOS CONTAINING MATERIALS (RACM) The properties to be demolished have been declared unsafe to enter. Therefore, the structures have not been tested for asbestos. All structural debris must be treated and handled as RACM. Demolition and removal of structures, including basements and cement slabs of basement-less structures, must be accomplished in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. The Contractor will be required to have all permits and licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce Development (IWD), and the Occupational Health and Safety Administration (OSHA) for handling RACM. The Contractor will be responsible to ensure that demolition activities are carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as all other federal, state, and local regulations. The Contractor shall employ good demolition techniques, including but not limited to: 1. Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos. 2. Using demolition techniques to minimize the excessive breaking of materials. 3. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 14 Page 288 of 693 4. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce the exposure to airborne material. 5. Proper handling and covering of all loads to prevent RACM material from becoming airborne during hauling. 6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT and IDNR requirements. 7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites and shall be disposed of using techniques to minimize the potential for debris or dust to become airborne. 8. Manual cleaning of the demolition site to remove all asbestos materials from the site. 9. All trucks and/or trailers must have solid metal end-gates. If city water is not available, the Contractor shall have a water truck on standby during the demolition to maintain a sufficient source to maintain wetting of RACK Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed as well as the RACM designated structures. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the contract after being notified by the City with a Notice to Proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall not be allowed to salvage RACM demolition materials from any property on this project. Non-RACM material (such as private sidewalks and driveways, trees, or other landscaping features) may be salvaged or disposed of in other than the Black Hawk County Landfill. No salvaging or removal of any material shall occur until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining 15 Page 289 of 693 from the third-party salvager a certificate of insurance for general liability with limits of liability of at least$1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance. 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, slabs of basementless structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed as RACM. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re-excavation of the basement area at the Contractor's expense. The City cannot provide verification regarding the area of the basement, but the Black Hawk County Assessor's detailed report indicates that 220 Hopkins Court has a partial basement. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump-sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails,bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. 16 Page 290 of 693 F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. Any sand point well shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of RACM materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, and any other federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered 17 Page 291 of 693 under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires,Household Hazardous Waste,White Goods and Electronics: There will be no separation of any of the before listed materials as all structures have been identified as unsafe to enter and RACK D. Disposal of Demolition Debris and Solid Waste: 1. All RACM debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for each structure demolished, where available, which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and minimize the threat of harm to the general public,private property and public infrastructure. E. Asbestos Abatement: There will be no asbestos testing or abatement as all structures have been identified as unsafe to enter and RACK The handling of asbestos material is subject to all applicable state and federal mandates. F. Freon Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACK G. PCB and Mercury Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACK 2.06 BACKFILL, GRADING,AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the 18 Page 292 of 693 placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 19 Page 293 of 693 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with utility companies for disconnection of services, including but not limited to electricity, natural gas, cable television, internet and phone. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The location of the sanitary sewer main, if known, will be provided by the City to the best of its knowledge. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor shall contact the Waterloo Building Inspections Department for compliance with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor shall contact the Waterloo Water Works for compliance with this specification. C. Backfill and Compaction within City Right-of-Way: I. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off-site vehicle track out(stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Berkshire Hard Fescue 30% Treasure Chewing Fescue 30%Badger Creeping Red Fescue 20 Page 294 of 693 Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 21 Page 295 of 693 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all USDOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during the project to the City's Representative, which identify the disposal site, the Black Hawk County Landfill, for all RACM material. Such copies of tickets shall be required to process invoices from the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns,privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations with SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 22 Page 296 of 693 Exhibit "C" CONTRACT #RD-2021-03-01 P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos Containing Materials (RACM)] 220 Hopkins Court This Contract for Demolition and Site Clearance Services (with RACM) (the "Contract") is entered into as of March 15, 2021 by and between the City of Waterloo, Iowa("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of 2 months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response. Contractor will be paid a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty(30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance e. Building Demolition Insurance and Bond Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed Page 297 of 693 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 2 Page 298 of 693 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 1913, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 3 Page 299 of 693 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Company Name Attest: Kelly Felchle, City Clerk 4 Page 300 of 693 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction with the FY 2021 Reconstruction Program, Contract No. 1023, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Cont 1023 Street List Backup Material Resolution approving preliminaryplans, specifications, form of contract, etc., setting date of bid opening as March 25, 2021 and date of public SUBJECT: hearing as April 5, 2021, in conjunction with the FY 2021 Reconstruction Program, Contract No. 1023, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Dennis Gentz, PE, Assistant City Engineer Summary Statement: Plans prepared by the City Engineer's Office. Expenditure Required: TBD Source of Funds: Local Option Sales Tax Funds Page 301 of 693 FY 2021 STREET RECONSTRUCTION Street From To Ward Block(s) 4th Street East Quincy Street Railroad 4 1200-1500 blk 4th Street West Washington Street Wellington Street 3,5 500-700 blk 4th Street West Hoff Road Winghaven Drive 2 4300-4400 blk Crossway Drive Midway Drive Progress Avenue 1 3900-4000 blk Kimball Ave. Frontage Rachael Street North End 2 3300 blk Kimball Ave. Frontage W. Park Lane North End 2,5 3100 blk Hoff Road 4th Street West Caras Rad 1 4300-4400 blk Page 302 of 693 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction with the FY 2022 Complaint Mowing with Complaint Snow Removal Contract, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ 2021 Mow Contract Backup Material Resolution approving preliminary_plans, specifications, form of contract etc., setting date of bid opening as March 25, 2021 and date of public hearing as SUBJECT: Anril 5, 2021, in conjunction with the FY 2022 Complaint Mowing with Complaint Snow Removal Contract, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Martin M. Peterson, City Attorney Recommended Action: Approve specifications, etc., and taking bids and set the date of bid opening, hearing and award of contract. Expenditure Required: Dependent upon the upcoming contractor bids. Source of Funds: Code Enforcement Other Contractual Services Line Item 525-15-5125-1390. Page 303 of 693 Proper Order - omplaint Mowing with Complaint Snow Removal Documents a. Cover Page b. Notice to Bidders c. Instruction to Bidders d. General Conditions e_ Specifications f. Bid Form g_ Statement of Bidders Qualifications h. Bid Bond i. Nan-Collusion Aff idavit of Primo J. Nora-Collusion Affidavit of Sub k. Equal Opportunity Clause Page 304 of 693 REQUEST FOR PROPOSALS - 2021 COMPLAINT M WIN S WrrH COMPLAINT SNOW REMOVALS The City of Waterloo is soliciting proposals to provide equipment and labor for mowing of City of Waterloo complaint properties and removal of snow from complaint properties (the "Services") on a scheduled or as-needed basis_ All proposals shall include a complete price quote_ Conditions governing the Services are contained in Exhibit "Ap, the proposed form of Contract, attached to this RFP and by this reference incorporated herein, A. SUBMITTING AND 0PENl`NG PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, March 25, 2021 at 1.00 p.m., CentraI Time (our clock) in order to be considered. The CityClerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703, Proposals seat electronicaffy or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked an the outside with the notation "SEALED RFP FOR 2021 MOWI NGS AND 8 NOW REMOVAL." and the name of the company submitting the proposal, The City is not respansible for delays occasioned by the U_ _ Postal Service, the internal ma deIivery system of the City, or any other means of delivery employed by the Proposer_ Sirrlilorly, the City is not responsible for, and will not open, any proposai responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened, No responsibility will be attached to any person for premature opening of a proposal not properly identified_ Proposals will be opened on Thursday, March 25, 2021, at 1:00 p.m. Central Time in the City Cleric's office at City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the awarded proposals)_ B_ SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractors) for the City will be those described in the form of Contract attached hereto as Exhibit "A" acrd the Specifications, which generally include but are not limited to rno+Mng complaint properties on an as-needed basis, and removing snow and ice from complaint properties on an as-needed basis. _ REQUIRED INFORMATION.- 1_ See the Waterloo Code Enforcement Department bid form_ All bids must be submitted on said bid form_ 2. Important Exceptions to Contract Documents-The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements. and any exceptions to the terms and conditions of this RFP, Such exceptions or deviations will be ccnsidered in evaluating the proposals_ Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected, 3_ Incomplete Information -Failure to complete or provide any of the Information requested in this RFP may result in disqualification by reason of non-responsiveness. Page 305 of 693 D_ AWARD OFCONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conformir g to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein- Tire City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, shills, dem o ristrated commitment cf the humane treatment of animals, dernonstrated experience in managiing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP. - The City reserves the right to accept or reject arty 0r all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer- The City reserves the right to defer acceptalnce of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals- 3- The City may select a proposer based on an Ball or none" proposal, on Individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptanoe that Subjective judgments will be used by the evaluators In the evaluation- Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council- 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A7. 7- In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterlao reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, Marohr 25, 2021, E. MISCELLANEOUS 1- Questions regarding Code Enforcement will be directed to Maria Downing in the Code Enforcement Departmentr 319-291,3820, Monday through Friday from x;00 a.m. to 3.00 p-m 2, This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals, F- GENERAL TERMS AND CONDITIONS OF PROPOSAL I- LANGUAGE,WORDS USED INTERCHANGF-ABLY—The finanaat resouroe5 to provide the proposed wpplyUrvw word CITY refers t0 fJ7e CITY OF WATERLOO,IOWA as described in Ibis Request for Proposal. througho-ut these Jnatruetions and Tenn and Conditiares. Similarly, PROPOSER refers to the person or comparFy 3. SPEC€MrATION DEVIATIONS BY THE PROPOSER submitting a a offer to sell its goods or services to the CITY, Any deviation from this speciFi=fon MUST be noted in anp CONTRACTOR refers to the sijcpessfut binder. detail,and submitted in wri€ing ir:Rhe Froposai.Completed spaoificalons should be attached for arty suWitutlprL 2. PROPOSER qIJALJ FICATI lJ -too Proposal shair be offered,or when arnplifiratiorrs are desirabbe or necessary. accepted from, and no oarttraC;I wilt tm awarded to,any The absence of the specil-ication deviation statement and person,Firm or corporation that is in arrears to the City upon a=fInpargr rig specifications will hold the Pmposef stric3iy debt or contrary,that is a defaulter, as surety or otherwise, accountable to the spacif 3tions as writ n here€n. Failure upon any ob€igation to the City,or than is deemed to submit this document of specifxapon deviation,if irres;>Onsible or unreliable by the City- If requested, apphwble,Sha It be grounds fnr Fejection of the Ftem when Proposers shall be required to Submit satisfaadbory evidence offered for delivery- If specifics rks or descriptive papers that they have a oeadirsl knowledge of the particular ars submfitted utith proposals, the ProPa%er s.n fine should supiAylservioe proposar and that they iiave the necessary be clearly shown on each document. Rt•)'KA M)WI fl.&SNOW REMOVAL%ERVICF`5 avzo Ji'r--�c7'4i5 306 of 693 4. $7EC14rICA71ON OH ANGES,ADE)MONS AND the event khat r ucr+party mikes an assignment for the DELETIONS-All r-hartges tar Proposal documnts shall be benefit of creditors- through written addendum. Verbal information obtained olherwise will Not T be wnsidared in awarding of Proposals- 14. AS IGNMe -P oset shall flot assign tkre Contmcl or any mortes to become due thereunder without the prior 5- PROPOSAL CHANGES-Proposals-anwndme is thereto, written onrisent of the City.Any assig ament or attempt at or withdrawal requests received ager the tkne advertised for assigirrnent made without such consent of khe City stiali 4e Proposal opening,will bs voW regardless of when thQy void. yore mailed. 15. TAXES-The City of Waterloo is exempt from sales tax and 6- HOLD HARMLESS AGREEMENT-The Contractor agrees certniri Other use taxes.Any charges for takes from which to protect defend, Indemnify and hold haml6es3 the City of the City is exempt will be deducted from invoices before Waterloo, its affxials, aifk*m,empiayees and agents,from payment is made- and against arty a ad all clairrm and damages of every kind and nature madam, rendered or incurred by or in t)Oalf of 16. PROPOSAL INFORMATION IS PUBLIC—Al l documents every person or company whatsoever, i riduding the parties subm if6ed with arty proposal and the proposal strsll become hereto and their emptnyaes,that may arise,occur,or grow public dtc-umerrts and Subject to Iowa Code Chapter 22, out of any ads. actions-work or other activity dorre by the which is otherwise known as the`Iowa Open Racmrds Law". Corrtr&ctor, its employees,subcontractors or any By submitting any document to the City of Waterloo in independent contractois working under the direction of corinectkm with a proposar,the submrttirtg parry rewgn+aes either the Contractor or subcontractor iq the performance of this and waives any clairn against the City of Waterloo and the Wntract, any of its of bcial% officers and employees relating to the release of any document or information subrriikbed. 7. PROPOSAL CLfFZRF_NCYILA_ >4GVAGe-All proposal prides shall be shown in U5 Dollars(y)-All prices rnusx Eac.11 submitting party shall hold the City of Waterloo and its remain fins for the duration of the contract regardless of the offR�ials,officers and employees tiarmlesa from any clgiwm exchange rate.All proposaI responses must be sutw milted in arising from the release of any document cr information English. matte avaitabte to the City of Waterloo arising from any proposal opportunity 8. PAYMENTS-Payments volt be made for all goodsiservices delivered,inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 9- MODIRCATtON ADDENDA&INTERPRETATION -Any apparent inconsistencies-or any matter requiring explanation or interpm(ation,must be enquired into by the Proposer in writing at Feast 72 hours(excluding we*ker4!, and bobdays)prior to the time set for the Proposal opening- Any and alt such interpretations or modrfiCartmrrs will be in the form of written addenda.Ail addenda shall become part of the cwtract doaumerrts and shall be acknowledged and dated on the signature per. 10. LAWS AND 8rzQ.ULATIQN,5-All applicable State of Iowa and federal taws, ordinances,licenses and regulations of a governmental body having jurisdiction shatl apply to Rhe award throughout as the case may be,and are intorparated herein by reference. 11. SS U agQNTRACT NG-tea portion of this Proposal may be subaorEtrac*d without the prior written approval by the City. 12. ELECTRONIC SQEWF1TAL-TelegraphicarAfor proposot offers sent by electroniic devices(e.g.facsimile rnactrines) are not acceptable and will be rejected upon receipt. Proposers witl be expected to allow adequate time for del ive ry of thei r proposal either by airfreight, postal service, or other mea ns- l 3. OANCi:M4TI01%1-Either party may cancel the contract in the event that a petition,either volval"or involuntary, is filed to dvctare the other party bankrupt or insorwe nt or in RFP f'OR MOWING&SNOW REMOVAL S1]RYICtS 'MO PaRage 307 of 693 EH I BIT A C0IVTRA T PROM S 10N CITY OF WATERLOO. IOWA CODE ENFOI CEMENT DE PA R TM F..AIT CONTRACT for 2021 COMPLAINT MO WING W ITI t COMPLAINT SNOW REMOVAL This Contract for Complaint mowing and Snow removal (the"Contract") is made and entered into on ,202 1, by and between.the City of WaWr-loo, Iowa(the`City"), aM (the"Contractor"). 1. The Contractor-shall furnish ali supervision,technical personnel, labor, materials, supplies and equipment W perform all work rehired for the Contract work as described j the Specifi ations_ 2_ The Contract Documents shall consist of tN,, Fol low ing- a, This Contract b. Request for Proposals c_ Notice of Hearing d. Instruction to Bidders e_ Signed copy of Bid I General Conditions g. specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this€Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents,the document in the order set forth above that first addresses the issue or provision lir question shall be govern. 3. The Contractor agrees to commence the work within twenty-four(24)hours after the City issues a "Notice to Proeead"and to complete the work within the given timeframe. Time is of the a&sense in the performance ofduties under this Contract_ The Contractor also agrees to the following; a) The Contractor will remove al litter, garbage,or junk on vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of wee ftrass or snow removal at their own cost. b) Contractors will abide by ordinance sections a_ 7-1-2.B(i)Contractors will not be permitted to transfor snow onto or across any Pity street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor. h_ 7=I-217 Contractors will not be permitted to blowweeds/grass onto or across any street or alley. In the event weedslgrass is transferred into the street it.shall be removed by the Critrwtor Rcqucct Fnr Pmpnuk K44-ming sn4 3nDw Rejmwa S Vrvicm—Vmp Lk5 C onr fk ( Pub, i Page 308 of 693 c) Contractors shall bag all wecAslgrass taller than 12"in residential arcus and dispose of the rubbish properly. Disposal can he done at the City of Waterloo Yard Waste Site located at 27491,aclepeadeute Ave.,WAterioo,Iowa. d) Contractors are not to mow or trim any flowers or gardens unless specified by thge Code Enforcement Department. e) Contractors will trim around all trees,telephone poles, fences, structures, curt* and on the backside of alleys, f) Contractors must have a camera that will time stamp and date photos. Photos anus# be taken of the property before work begins and when the work is finished. g) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each s3a of photos taken while at a property. IN) The City of Waterinn will not be obligated to pay the fall amount for referral work when all accessary photos required by the Contractor have not been tuned into our office. i) In the event the Code Fnforcement Department finds that the Contractor did not fulfill itis obligation, the Contractor will be required to go back to thti: property at no additional cost to the city or owner of the property- j) [luring snow removal, the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal- In the cvi,nl the ice is unable to be removed the Contractor will be required to lay dawn sand, salt., or a mixture of bath. k) Charges for sand, salt or bath will be determined by following: The owner shall be charged $15 for any amount of*a It that needs to be used to assist in the removal of ice from the sidewalk per residence. If the property is located on a corner lot the owner of the property shall be charged 30 for any amount of salt that needs to be used to a siq in the removal of ice from the sidewalk provided thy# ice removal is needed on both sidewalks. I) Contractor shall remove al involuntary vines, brush,or trees along any fence and the portion of property to the alley when referral is given by the Code Enforo ment Department. m) The owner shah be charged ane amount of 15 minutes travel time in addition to all other Ices applied per referral. n) Properties found in coin pIian c. upon arrival of contractor, wiII not result in additional charges to the City of Waterloo from the Contractor- o) Unless prior approval has been given. the City of Waterloo will only be obligated to pay for the work of two people per referral. 4- The Contractor agrees to comply with and obey all ordinance- of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient tanicad s with lights and signals during all hou,.,of darkness. S. Except as to any neg]igence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials,officers, emplcye�es and agents,and to hold sante harmless, from and against any and all claims,demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' Fees and expenses,arising frum or in connection with the acts or ornission,s of Contractor in performing the work contemplated by this Contract. . Contractor sha1I be responsible for all darnage to pubfic or private property. IfpubIic or private property is damaged by Contractor and is not re-paired in a timely manner as determined by City, City has the option of having the damage repaired at the{contractor's expexase,to be reimbursed to the City or w€thN,,ld from future payments to Contractor hereunder, Reyuws[Fur Proposals=Mowing and Snow R€mo3+al Scni=—Prapnycd(,'On'° , Page 309 of 693 7_ The Contractor shal I have no cause of action agairkm the City on account of delays and prosecution of work, but the work is delayed by the City,the,Contractor may have extra time for tine corn pletion of the job as was lost by rea-wm of the delay eaused by the City, 9, The City,at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to,the following- unsatisfactory job performance or progress, defective work,disputed work, failure to comply with material provisions,of the Contract,third-party claims filed or reasonable evidcncc that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, aged-meat or obligation set forth in this Contract, and if such default remains uncured fora period of seven (7)days after notice thereof dealt have been given by City to Contractor,then City may declare that Contractor is in default hereunder and may terminate this Conwact by delivery to Cornuwtor of written notice of termination,and/or tal=e whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor heretpnder. Contractor shall be entitled to only one such notice, and in connection with any sub_wquent breach then City may terminate this Contract upon seven (7) days' advance written notice_ In the event of termination,the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair,daivage or waive the right nfCity to enforce the same or to obtain rel ief against or recover for the continuation or repetition of s Lich breach or v iolation or any s uttilar breach or violation thereof at any later time or ti mes_ In the event that Coity prevails against Contractor in a suit or other enl`oreernent action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses ineurrcd by City, 10. In addition to paragraph 9 above,this Contract may be terminated at any time, in whole or in part, upon the mutual ixTitten agreement of the parties_ City may also choose to terminate this Contract at any time without cause by delivering,to Contractor twenty-one(2 1)days' advance written notice of termination_ 11. Contractor m7 y not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing referral work, the C'ontraetnr nnuSt notify' tb a City of Waterloo at least two(2)weeks in advance including who will he filling in for them for any planned time off. 13_ Any notice under this Cont-act shall be in writing and shall be delivered in person or by United Mates registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, lorwa 715 Mulberry St. Waterloo, Iowa 50703 Attn. City Cleric Dei ivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person, or(ii) three(3) business clays following the date of'deposit if mailed as stated above. Request For Pray sialr Mbwin4 and Srwaw Reny l Srrvims—Pro"(`ni;--ack— Page 310 of 693 M Noth1ng in this Contract shall,or shall bu deemed or construed to.create or constitute any joint venture, partnership,agcney, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person, Contractur is an `sndeperident Contractor. 15. This Contract shall be binding. upon and inure to the beaef{t of the parties and the respective successors and assigns of each, 16. In the event any provision of this Contract is held invalid, illegal,or unenforceable, whether in whole or in parrs the remaInIng provisions of this Contract sha21 not he affected thereby and shall continue in lull force and effect. lf, for any reason,a court finds that any provision of this Contract is invalid. illegal.or unenforceable as written, but that by limiting such provision it would becorne valid, legal, and enforceable, thorn such provision shall be deemed to b written and shall be construed and enforced as so limited. IT This Contract,together with the Contract Documents,comfitutes the entire agreement between the parties pcmining to the subject matter hereof This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the fall compliance on the part of the Contractor with al I the provisions, stipulations and conditions hereof,or contained in the various ire mrnents made a part ol'this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit"A"attached hereto_ IN WITNESS WHEREOF, the parties have executed this Contract for Complaint Mowing and Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor By: City Clerk Titic: Request I-or r'►oposals_Mowing and Snow R 7novu]Sen ioCs—Pro�poscd coatraci .P-.b, Page 311 of 693 CIT'' OF WATERLOO, IOWA ODYN: ENFORCEMENT DEPARTMENT NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDEN, for 2021 CONIPLAINT 11IOWI GS WITH COMPLAINT SNOW REMOVAL RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Ha 11, 715 Mulberry St, Waterloo. Iowa, on or before Thursday, March 25, 2021, until 11:00 p.m, for the 2021 COMPLAINT M W;NGS WITH COMPLAINT SNOW REMOVAL as described in the plans and specifications now on file in the City Clerk's office and the Code Enforcement Department- OPENING OF BIDS All.proposals rerc.ived for the 2021 CO PI,.AU1iT MOWINGS WITH COMPLAINT SNOW REMOVAL will be opened in the City Clerk's Offioe in City Hall, Waterloo, Iowa, on Thursday,March 25,2021,at 1:01I p.m,, and the proposals will be referred to the Code T-nforcernent Dtpartrnent for recommendation of award. PUBLIC F1fF.ARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed speeitications and form ofcontract far the 2021 COMPLAINT MOWING WITH CO14 WLAINT SNOW REMOVAL at the City Council Meding, Monday,April 5,2821. The hearing will be held in the City Council Chambers in Waterloo City Ha 11, The contract documents are on file in the City Clerk's office, 715 Mulberry St.,and the Code Enforcement Department, 626 Mulberry Street, Waterloo, Iowa for public examination. Any person interemed may file written objection with the City Clerk before the dale set for the hearing or appew and make objection at the mc-cting, SCOPE OF WORK The Cont-actor shall provide all labor,equipment and materials necessary to mow anchor remove snow from the des ited areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 15, 2021, through March 31, 2022- PR0F'0 A.LS UE =IrD All bids must be submitted on forms supplied by the Code Enforcemont Mpartment.The bidder shall bid on a per unit price(WITH EACH `Option's treated as a sepamte unit)as shown on the Bid Form. Edch unit should be bid as a stand-alone item and not merely as a componont of a total bid package that includes ail options together. BED SECURITY REDUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bark chartered under the laws of the UnitW States or the State of Iowa,a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the I-Inited States or the State of lows, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars (M which certified check, certified share draft! or bid bond will be held as security that the Bidder will enter into a Contract for the mowing and snow removal work and will furnish the required bonds, and in cask the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. I f a bid bond is used, it mast be signed by bath the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by acoompanying Power ofAttorney- w)rric TUBIDDERS Wage ort Page 312 of 693 CONTRACT AWARD The Code Enforeemertt Department has divided the contract into four (4) areas as indicated on the Bid Form. Each is severable from the others and my be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid. conforming to the Specifications and without regard to whether the bid is made on a per-option or a total basis, is most advantageous to the City, and the Code Enforcement Department price and other factors considered_ The City resL'rve& the right to award a contract for arty single Option. any combination of Options,or all Options together_ The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the CMe Enforcement Department such that the award is made within thirty (30) days after bid opening. The:City reserves the right to waive any and all parts of a specific bid. AIFFIR A'.[FVE ACTION PROGRAM TbLc successful Bidder and any subcontractors will be required to execute and have apprnved an Atlirrnative Actions Program or Update before buginning work on the project, if they have been awarded an aggregate of $10.000 in city projects during the current calendar y scar. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. payments shall be based on the actml number of acres mowed during the previous period. A detailed bill of completed work mini be received and approved by the Cade Enforcement Depsrtmeat for Complaint Mowing with CompTsiat Snow Removal located at 626 Mulberry St., Waterloo, Iowa before payments will be made. Actual number of acres mowed mum agree with numbers recorded by the Code Enforcement Department_ The billing shatI include: Address of properties * Pictures of properties prior to mo-wing/snow removal Pictures of properties when mowing/snow removal completed * Pence Iine pictures aA6ghboring properties_ (claiming damage protection) * Pictures to be dated &. time stamped ■ Area or time billed for(depending on bid proposals) • Extra material used (salt) Published by order of the City Council of said City of Waterloo, Iowa, on the day of .2021 City of Waterloo, Iowa, Kelley Felchle,City C1ork Page 313 of 693 CITY OF WATERLOO,IOWA CODE ENFORCEMENT DEPARTMENT INSTRUCTION TO BIDDERS 1. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the RN=A for Proposals must be requested in writing and with sufficient time allowed for a reply to reach bidders bcfory submission of their bids- Any interpretation made will be in the form of an amendment of the Request for ProposaIs and will be furnished to all prospective bidders. its Feccipt by the bidder must be acknowledged in the space provided on the Bid Form or by letter or telegram received before the time set for opening of bids. Oral ey,p]anations or insts`uctions given before the award of the contract will not be binding- 1L PROPOSALS SUBMMED A]I bids must be submitted on forms supplied by the Code Enforcement Department. before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cast of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable stage laws, municipal ordinances and the rules and regulations of all authoritic-s having jurisdiction over the project shall apply to the Cont ma throughout and they shall be deemed to be included in the Contract the same as thougb herein written out in Full- III, LATE BIDS AND MODIFICATIONS OR WI I[DR4WALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids will not he considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter he accepted. Bids may be withdrawn by written request received from biddem prior to the time set for closing of bids- IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and Notice to Bidders. Their content will be made public for the infont;ation of bidders and others interested who may attend the opening virtually, Please Note: Due to COVID19 ill bid openings until further notice are bcing done virtually. V.COLLUSIVE AGREEMENTS A, Each bidder submitting a bid shall execute and include with the bid,a Non-Gal Iusion Affidavit ir] the form herein provided, to the effect that it has r)ot colluded with any other person. flan. or corporation in regard to any bid submitted. InSTRVCTION TO 61DUERS =' Page 314 of 693 B. Each bidder smbrnd6ng a bid shall have each proposed subcontractor, if any.execute and include with the bid, a Non-Collusion Affidavit in the form herein provided,to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontraat•, the successful bidder shall submit the name of any proposed subcontractor for approval by the City- V1. MBEIWHE CONTRACT COMPLIANCE PROGRAM All Bidders have rhe responsibility to comply with the City of Waterloo MBEIWBE Contract Compliance Program, City of Waterloo Contract Compliance- Rudy D- Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-442.9 V11. EMPLOYMENT AND BUSINESS OPPORT[LAITY To the gre:awst extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontraa vvorl�, or applying for employment by the contractor on this project Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area.The protect area is the City ofWaterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing serpplies from, and awarding subcontracts;to, businesses owned by persons residing in the project arra. VUL STATEMENT OF BIDDER'S QUALINCATIONS !~ach Bidder shall, upon request of the Code Enfomement Department submit on the form furnished a statement of the Bidder's qualifications, hisfhcrcxpericnce record in completing the type of project proposed, and equipment available for the work contemplated, and when requested, a detailed financial statement- The Code Enforctnnent Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract;and the Bidder shall furnish the Code Enforcement Department al] such infonnation 1 data forth is purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the{:ode )enforcement Department that the Bidder is qualified to carry out properly the terns of the Contract. IX.CERTJF[C:ATE OF INS URANCE A. Subsequent to the award and within ton (10)days after the prescribed forms are presented for signat:urc, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require- B. The successful bidder shall, within the period specified in paragraph "A" above, rurnish a certificaxc of insurance for approval in amounts of not less than the amounts spec ifiW in the General Conditions- The rertificarte of insurance shall be furnished iv such number of copies as the City of Waterlcx>may require. The City of Waterloo sfrall be named as an "Add itionsf Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in:the same amounts 1'or approval before each INSTRUCTION TO BIDDERS Page 315 of 693 commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors ens ged in work at the site, in accordance with State WcAces Compensation Laws. C:_ The failure of the sucoessfuI bidder to execute such agreement and to supply the required bond or bonds within ten (10)days after the prescribed firms are presented for signature, or within sucks extended period as the City, may grant, based upon reams detcrminct} sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contlact for the work is subsequently executed, irrespective of whi�ihcr the amount thus due exceeds the amount of the bid guaranty_ If a more favorable bid is received by re,advertising, the defaulting bidder shall have no claim against the City of Waterloo,or Code Enforcement Department for a refund_ IR9TRUCTFON T4 DIDDERS .. Page 316 of 693 CrrY OF WATERLOO,IOWA CODE ENFORCEMENT DEPARTMENT GENERAL CONDITION Definitions Whenever used in any of the Contract Documents. these terms shall be defined as follows: Contraet- mems the Contwet or Agreement executed by and between the Cit} of Waterloo and the Conlmaor_ Owner or Local Pubiic Agency(LPA) - means the Cade Enforcement Department. Contractor- means the person, firm or corporation entering into the Contract with the City of Waterloo,to inaintain properties as described in the Specifications provided. Contract Document- means and shal[ include the following. Executed Contract or Agreement, Addenda(if any Invitation for Bids, Instructions to Kidders, Siped py of Bid, Cc-neral Conditions, Special Conditions, Specifcations, and{[Tans or Drawings when required)- Sn rintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Code Enforcement DepartmentVCity of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay opt and be responsible for all work exacutcd under this Contract- The Contractor shall verify, all infomiation before proceeding with the work and be held resperosible for any error resulting from failure to do sa- Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work,and the Contractor shall cooperate fully with other Contactors, by scheduling work undor this Contract with that to be performt)d under other Contracts as may be directed by the Code Enforcement Qeparunentl ity of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fittine and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Suboontractor the locations and measurements which they may require for the fitting of their work to al surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result ofnegiigence in connection with the cxeoution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acmptamce by the Codc Enforcement Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection, The ContractorshalI. be responsible for any loss of work, materials,equipment or time due to GENERAI CL>N PrioNS Page 317 of 693 acts of any person on the project site_Therefore, it is the respomsibiiity of the Contractor to detx nnIne. when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, paverneats, structures, and utilities accept those, which are to be replaced or removed. Altly damage caused by the Contract es operation small be cornpletely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being infonned as to all existing conditions and limitations u3ider which the work is to be performed. No extra Allo wance will be made because of lack of such examination or knowlexlge. The Contractor shall not disturb existing walks.drives, parking anus,trees, shrubs, or turf areas outside the limits of the project. If disturbed, these iWFnS shall be replaced by the Contractor at no cost to the City or the kvner. Trccs and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all app Ii ble municipal and state laws, ordinances and codes_ Liability lusurante Tito Contmctor shalI at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile, Public liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity $md bold harmless provisions of this Agreement, Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material chngc in terms_ The City of Watcrloo, Iowa shrill be specifically named as an additional insured on all insurance. Such coverages shall be primary, non- conuibuting and contain waivers of subrogation against any coverage held by the City. Before commencement of work hmunder,the Contractor agrees to furnish the City with certi Ficates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below, Coverages Limits of Liabilit Worker's Compensation Stattitory Employer's Liability $500,000 Bodily Injury Liability(Except automobile) $[,000,000 each occurrence Property Damage Liability(Except.automobile) 1,000,00 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Excess Liability $5,000,000 Automobile Property Damage Liability $1,000,000 each oceLirrenct Removal of Debris,Cleaning, Etc. The Contractor shall periodically, oras directed during the progress of the work, remove and legally dispose of all surplus material and debris,and ko+ep the project area reasonably clean_ Upon completion of the work, the Contractor shall remove all debris and equipment provided for the work and put the whale site of the work in a neat and clean condition. GENERAL CONDITIONS Page 318 of 693 CITY OF WATERLOO,IOWA CODE ENFORCEMENT DEPARTMENT SPECIFICATION for 2021 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL SCOPE OF WORK The Contractor shall provide alk labor, equipment and matc6al necessary to mow and/or remove snow from designated areas in accordance with these specifications. References in these specifications to the Code Enforcement Department shall include the City of Waterloo- PROPERTY COMPLAINT MOWINC Assigned areas will be mowed on a one time only basis. The Code Enforcement Department will give out work orders for any work done in this area, which shall be completed within 72 hours from receiving work order_ The City will he in charge of any lame item and tiro removal clear, �ip that will he done on any of these properties. Contact the Code Enforcement Department(319.291.3820) for pickup. [dowing height will be four(4") maximum. Contractor shall he able to abate hedge/vo I unteer trues where necessary for clearance of sidewalks and other rigbts-of-vvay. Also affor mowing pmpmrty, it shall meet city codes and uxocss grass removed from the property and sidewalk_ If for any reason Code Enforce", ent finds that a property is stiII in violation, after the contractor has done the abawmcnt,the contractor shall return to the property and make the necessary corrections without additional casts to the City. If the contractor arrives at the property, and the property has been mowed,the contractor shal I obtain a photo and contact Code Enforeumcnt to verify the property is in compliance. In the event Code Enforcement is unable to meet the contractor at the time,the contractor shall continue on to the next referral and Code Enforcement will inspect the pxoperty when time permits and notify the contractor whether they have to return to abate a weed violation. PROPERTY COMPLAINT SNOW CI1 MOVAL Assigned areas shalI have snow removed on a one-time basis.The Code Enforccrncnt Department will give oul work orders for any work dorke in theseareass,which shall be completed within 48 hours from receiving work order. Sidewalks need cleared the width and length of the property down to khe pavement, A good-faith attempt will need to be made to clear down to the pavement_ In the event that it is impossible, because of ice or other ha7a.rd,then sand or other abrasive material,(such as Ice Melt or another approved product)may be used so pedestrian traffic is safe_ Only use sand/ice melt in amounts to make pedestrian traffic safe. Do aot coat sidewalk with a large amount of sand, use only amounts necessary to make sidewalks safe. .ill work must comply with the City of Waterloo Codes& Ordinance_,or co nt moor shall retm, to the property and maize the necessary correction without additional costs to the City. sPr(APICA NS N'!1- r -'''Page 319 of 693 VACANT LOTS Once these Iots have,been issued their furs( not.icc for the season,they will be placed an an as needed basis mowing schedule from approximately April 1511 to October 15", 2020 for a maximum of 5 ntoing's- It will be the responsibility of the Code En rorcement Department to inform you of your as needed mawiag schedule. There is a possibility of approximately 70 vac.arrt lots with each lot averaging 0.25 of an acre_ DILAPIDATED STRUCTURES Once these dilapidated structures have been issued their first notice for the season.they will be placed on an a necdcd basis mowing schedule from appro imaWly April 151 to October 15'6, 2020 for a maximum of 5 mow ing's. It will be the responsibility of the Code Enforcement Department to inform you of your as needed mowing schedule. There is a possibility of approximately 50 dilapidated structures with each lot averaging p_ 5 of an acre_ SITE CLEAN-UP Prior to each mowing the Contractor shall removcaH tush and debris including paper, branches, rooks. and other portable objects. All trash and debris shall be legally disposed ot:offsite, at no additional expense to the Code Enforcement Department Additionally,the contractor shall be responsible for cleaning up and mepairing alb damage created by snowplow 8e, snow removal operations. This includes adding soil and seeding dammed areas as needed_ SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing.The listed schedules are for bid purposes only. The Code Enforcement Department may add or delete mowing of areas based on growing conditions and budget c onstrainms, GRASS CUTTING Grass shall be cut to an even height of four inches{4`).Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching,rutting or uneven rough cutting shall be promptly remedied by the Contr-aemor to the satisfaction of the Code Enforcement Department with no additional cost to the Goole Enfinemcnt Department_Grass clippings shall not be blown, left or land on any road surfaces in accordance with applicable Iaws and City ordinances_ In areas such as narrow medians, clippings shall be bagged or mulched straight down. TRIMMING Along with each mowing, the Contractor shall trim around trees,shrubs,poles, knees and other objects to match the height and appearance o f the surrounding vegctatian.Only upon request of the Code Enforcement DL-partmc:nl will you be, required to edge vegetation growing over curb and sidewalk, DAMAGE PROTECTION TION The Contractor shall avoid damage to existing si&walks, streets,curbs, pavements, structures, signs, mailboxes, fences. benches, utilities, and other fixtures_ Any damage caused by the Contractor shall be completely repaired at no additional cost to the Code Enforcement Department_ AI I work s€tal I be done in a manner so as not to result in darnage to trees or shrubs. At no time steal l any mowing or tri inming equipment come in contact with any tree or shrub_ Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Code Enforcement Department with no additional cost to time Code Enforcement Departmcnt. spFclric a ` xs ""``' = Page 320 of 693 The Contractor shall avoid damage to turfgrms.and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Code Enforcement Department with no additional cost to the Code Enforcement Department. The Contractor shall take all neocssary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. Thi,- ontractor shall carry liability insurance as detailed in the GENERAL CON DlT ON to cover any damage claims. RFQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment Lo perform all work in a safe and TIInc ly manner. Types of mowing equipment required for this contract: Line trimmers Walk-behind mowers Commercial rotary front showers(6V-7T'deck) Fagging/mulching mowers [Jti I ity tractors with heavy-duty mowers four wheel drive mower Hedge trimmors Types of a]leylsidewalk overgrowth equipmont required for this contract in addition to equipment listed above. Pull behind traitor or usable truck bed Tarps or enclosed trailer for hauling brush when required Note; City ordinance requires all loads beim transported must be completeiy covered.The City is not respunsibie for paying any fines you ff"ay be issued. For larger parcels that are overgrown contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements_ Excess amounts of cut grass and vegetation will need removed and not Ieft on parcels_ Types of snow removal equipment required for this contract: Walk-behind snow blowers Riding snow blowers Pick-up and/or tractor with snow blade Salt& sand applicator Shovels Equipment listed on the Bid Form will be reviewed by the Code Enforcement Department to de f.Tmine whether it is adequate for this mowing contract CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE 1BY PHONE MONDAY '>TMOUGH FRJDAY 7.00 A.M. TO 3:011 P.M. SPECIFICATIONS T` `' Page 321 of 693 CITU OF WATERLOO, IOWA CODE ENFORCEMENT CEMENT DEPARTII'>iENT 13111 FORM for 2021 COMPLAINT MOW INGS WITH COMPLAUff SNOW REMOVAL BIDDER- _ ADDRESS-.{;{]'WAVY NAM 1'. --J, — ADDRES . PHONEr 1, The undersigned, being a Corporation existing under the laws of the Slate of , era limited liability company cxisting cinder the laws of the State of , or a Partnership consisting of the fol lowing partners: having been familiarized with the existing conditions on the project arca affeo-Ing the cost of the work, and w ith a]I the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, low& and the Code Enforcernent Deparhnm 626 Mulberry Smet. Waterloo, lowa hereby propoees to furnish all supervision, technical personnel, labor. materials, machinery, tools. equipment, and scrvieics including utility and transportation services rt:quirod do complete the proposed COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL, in accordance; with the contract documents and for the unit price in place for the following amount, OPTION A: Provide all specified as needed mowing and trimming services for vacant lots: Approxima#ety 70 vacant lots with each lot averaging 0.25 of an acre(totaling approx. 17.5-18 acres per occurrence) Priee Per Ckcurrence: dollars (S OPTION R: Frovide Al spet ified as needed mowing and trimming services on dilapidated structures. Approximately 50 dilapidaitcd structures with each lot averaging 0.25 of an acre (totaling spprox. 12.5-13 acres per occurrence) Price Per Occurrence: dollars{$ ISI])FORD 1}.irn A trl } Page 322 of 693 OPTION C.- Provide all specified mowing serviees for property complaint properties. Price Per Man Hour: dollars ) OPTION D: Provide all specified snow removal services for complaint properties. Price Per ban Hour: dollars 2_ It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor_ 3. in submittin,-this bid, the Bidder understands that the City reserves the right to reject any or al bids and to award one or more contracts for a single Option, all Options together,or any combination of Options- If written notice of acceptance of this Bid is mailed! of del ivered to the undersigned wilhio thirty (3 0)days after laid Openin& of at any time thereafter before this bid is withdrawn.the undersigned al;-ees to execute and deliver an agreem(nt in the prescribed form and furnish the required bond and certificate of insurance within ten (10)Buys after the agrLvTnent is presented for signature, and start work within ten (10)days after"Noticc to Proceed" is issued. 4_ Security in the sum of dollars($ _ ) in the form of is submitted herewith in accordance Nviih NOTICF TO BIDDERS. 5_ Attached is a Non-Collusion Affidavit of Prime Contractor, Ci_ The Bidder is prepared to submit a financial and experience statement upon request- 7. The Prime Contractor and Subcordmctor(s), which have performed an aggregate of$10,U00M in wort: for the City in the current calendar year,are prepared to submit an AAP or Update and an ECIC:, within tear(10) days of notification that the bid submitlW is lowest and acceptablc- 8- _8_ The Bidder has received the fallowing/Addendum or Addenda; Addendum No. mate: 1 / 9_ The Bidder shal I list the M BF-/WBE subcontractors,amount of subcontracts and bid items listed on the Cite of Waterloo Minority and/or Women Business pre-bid Contract lnformation Form submitted with this Bid Form_ The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of aterloo by 5,00 p,m. the busirpess day fol lowingy thte day bids on chis proj eel are due along with the Non-collusion Affidavits of ALL Subcontmctor(s). -- The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the fallowing reasons. 1_ The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that ihcy cannot fulfiII their subcontracts RID FORM Page 323 of 693 LO_The Bidderr shall list all equipmcril.available for this project- 11. rojr :11. The Bidder has fiIIM in all blanks on this proposal. Those blanks not applicable are markcd "none`7 or"NA". 12. The bidder has attached all applicable forms- 13. The owner reserves the right to seloct alternatives,delete line items, and/or to reduce quantities prior to the Award of Cmtract due to budge ary Iimiwtuc0s. SIGNED. DATE; { { MUM md r;lk DID R)RM fir•:-3 M Page 324 of 693 STATEMENT OF BIDDER'S QUA)<.IFI€ ATTONS (To be submitted by the Ridder only fpot s awm o£the City orwatcrfo%Iowa.) All questions shall be answered and the data given must be clear and compmhensive. This statement must be notarized. If ncccssary, questions may he answered on separate attached sheets_ The Bidder may submit any additional information desired. 1. Name of Bidder. I Permanent main office address_ 3. When organized. 4. If a wrporation, whcre incorporated_ 7. How many years have; you been engaged to this contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract-and the appropriate anticipated dates of completion. 7. General character of work performed by your company. & 1iave you ever failed to complete any work awarded to you? 1f so, where: and why? 9_ Have you ever defaulted on a contract" If so, where and why? 10, Lia the more important projects recently completed by your comparny, stating the approximate cost for each. and the month and year cotnplete& I I. List your major equipment available for the contract. 12. Experience in landscape work similar in importarim to the project. 13_ Background and experience of the principal members of your organization, including the officers, 14. Credit available: $ 15, ('lige Sank reference 16. Will you, upon request, fill out a detailed financial statement and furnish any other informatiort that may he required by the City of Waterloo. Iowa? IT The undersigned hereby authorizes and requests any person, firm,or corporation to furnish any information requested by the City of Waterloo, lows, in verification of the recitals comprising this Statement or Bidder's Qualificadoas, S7 A E7shll?N r€}] �ill)I}rK'4QUALWICNI-IONS PAGE 1 01- 2 Page 325 of 693 Dated this day of , 20 Name of Bidder By- Title- State Y=Title-State of } Couirty of ) being duly swom deposcs and says that she/he is of Num af[ niaaion and that the answers to the foregoing questions and all statements therein contained are true and correct Sub9zribed and sworn to before me this day of , 20� Notary Publk My commission expires 20 STATFi!viENT OF BIDDLR-S QLJALIFICNIRHVS PAGE 2 OF Page 326 of 693 BJD BOND KNOW ALL MEN BY TFIESE PRESENTS, that we. as Principal, and as Surely are heir!and Frrrr}ly boned unto the CITY OE WATERLOO , bora, hereinafter calied "OWNER-" J the penal sura Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs. executors, administrators, and successors, jointly and severalty, firmly by these presents_ The condition of this obligation is such that whereas the Principal has submitted the accornpaRying bid dated the day of 20—,for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, {d) If said Bad shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in Coinfection therewith, and shall in all other respects perform the agreement create t}y the�c eptance of said Bid, Their this ob0gation shall be void, otherwise the same shall remain in force and effect; it Wng expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amourrt of this obligation as herein stated- By virtue of SEStutory authority, the full amount of this bid bond shall be forfeited to the owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Sid or execute such contract;and said Surety does hereby waive notice of any sr,ch extension_ IN VVITNE SS WHEREOF,the Principal and the Surety, have hereunto set their hands and seals, and such of them as are oarporations, have caused their corporate seals to b,-- hereto affixed and these presents to be signed by their proper officers this day of ,A.D-202 . (Seal) Principal ey (Title) {Seal) Witness Surety By Witness Attomey-w4act Page 327 of 693 NON-COLLUSION AFFTDAV[T OF PRIME BIDDER State of } County of ) being first duly sworn, deposes wind says that: 1. He is((tuner), (Partner), (Officer), (Representative), or(Agent)of , the Bidder that has submitted the att=hed Biot; _ He. is fully inFonned respecting the preparation and contents of the attached Bid and of all pertinent circumsw"--s respecting such Bid; 3. Such Bid is genuine and is not a cc]Imive or sham Bid; 4. Neither the said Biddcr nor any of its officers,partners,owners,agents, representatiw-, cmpioye s, or parties in interest, including this atTiani� has in any way colluded,conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to suhrnit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract,or has in any manner,directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder,or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder,or to secure through any coIIusion, conspiracy, connivance,or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and _ The price or}prices quoted in the attached Bid arc: fair and proper and arc not tainted by any collusion, conspiracy, connivance or unlawful agx-ee rtent on the part of the Bidder or any of its agents, represcntatives. owners.employees,or parties in interest, including this affiant. Signature Title ------- dXXY Of---------------------------f 2021. .Sere/ Utle, MY C&Y;ULr1/01Y-rLre4--------_--_---------------------- Page 328 of 693 NQN-C01,L1JS1ON AFFIDAVIT OF SUBCONTRAC rOR Mate of } } County of being first duly sworn, deposes and says tliat, 1, He is(C vner), (Partner), (Officer),(Representative),or(Agent) of hereinafter referred to as the"Subcontractor'. _ He is fully informed respecting the preparation and contents of the SuhcontractrWS'pt�DposaI submitted by the subcontractor to , contract pertain in to the 2021 COMPLAINT MOWINOS WITH COMPLAINT SNOW REMOVALS in Waterloo. Black Hawk CmEnly, Iowa-, i. Such subcontractor's piWosal is genuine and is not a collusive or sham proposal, 4. Neither the subcontractor nor any of it,,officers, partncrs,owr;crs, agents, representatives, employees, or parties in interest_ including this of unto has in any way colluded, conspired, connived cr agreed, directly or indirectly, with any other bidder, firth or person to submit a llusive or sham piroposal in connection with sue contract or to refrain from submitting a proposal in wnnectian with such contract, or has in any manner, directly or indirectly, sought by unlawful agrcument or connivance with any other bidder. Firm or person to fix the price or prices in said subeontr'aoor's proposal, or to fix any overhead, profit or cost element of the price of pricos in said subwntractcr's proposal, or to secure through collusion, conspiracy, connivance or unlawful agre'ment any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted is the subcontractor's proposal are fair and proper and are not tainted by ;any vul1usion, conspiracy, connivance or unlawful agrccment On the part of the bidder or any of its agents, representatives, owners, employees. or parties in interest, ineIuding this affiant. Signature Title - . CX c+t&YW&r A,to-be f&re,M,e,r ----- dMy Of �� �________��------------� 2021. , irwatt�.#r 7�r� my w"Uncmiovv --------- ---------------------- Page 329 of 693 EQUAL OPPORTUMTV CLAUSE (As provided in Executive Ordcr No. 11 46) All contractors, subcontractors, vendors and suppliers ofgood;and services doing business with the City and value of amid business equals or exceeds ten thousand dollars($10,0M.00)annually agree as follows, 1. The contractor, subcontractor, vendor and supplier of goods and services WitI not discriminate against any employee or applicant for employment because of race. calor,<xoM, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor. vendor and supplier will develop an Affinriative Action program to ensure that applicants are a aployed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion,inc000mic status,age, mental or physical disability, political opinions or affiliations. Such aGctiom shall include but not be limited to the following. a_ )employment b. Up -ading c. Demotion or Transfer d. Recruitment and Advertising e, Layoff'or Termination f. Rates of Pav or Other Forms of Compensation . Selection for Training Including Apprenticeship, , The contractor. subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements far employees, state that all qualified applicants will receive oonsideration for employment without regard to race, creed, color, sec,national origin, religion.etonomie status,age, mental car physical disabilities, political opinion ora illations_ 3. The contractor, subcontractor, vendor and supplier or his/her Lollective bargaining representative will send to each labor union or representative of workers which heJshe has a collective bargaining agreement or other contract or understanding,a notice advising said labor union or workers' representative of the contractor's commitment undcr this section_ 4, The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations,directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5_ The contractor, subcontractor vendor and supplier of goods and services will furnish and rile compliance reports within such time and upon such forms as provided by the Affirmative Action Oticer. Said ferns will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as tate contmtor himself/herselfand said subcontractor, vendor and supplier will permit access to higher employrnert books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program— Contract Cnrnpliance Provisions relative to Resolution No, 24664 6. 1n the event of the contractor's non mpliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders,this contract may be canceled,germinated or suspended in whole or in part and the contractor may be dmiarecl incl igiblc for further contracts in accordance with procedures authorized by the City Council. EQ1JAI.OPR)R"In INrrV(TAM-.F. Pape 1 nf'- Page 330 of 693 7_ The contractor, Subcontraotor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempWd by tke rules, regulations or ardem of the Cit 's Affirmative Action Program.and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor,or supplier. S. We,the undersigned,recognize that we are morally and legally committed to non-discrimination in empIoymcnt, Any person who applies for employment with our company will not be di scriminmed against because of race, creod, color,sex,national origin, economic status, age, mental or physical d isab i I itics_ Signed- Appropriate Official 'Title date FiQUAL OPPORTUNITY CLAUSE Pagc 2 of 2 Page 331 of 693 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction with asbestos abatement services at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street, and directing the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Asbestos Abatement RFB Contract#AB-2021-03-8P Backup Material ❑ Exhibit C CONTRACT #AB-2021-03-8P FOR Backup Material ASBESTOS ABATEMENT SERVICES Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction with asbestos abatement services SUBJECT: at 725 Glenwood Street, 663 KernStreet, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Streets 915 Linden Avenue, and 921 W. 2nd Street, and directing the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: The above mentioned properties were primarily acquired through Iowa Code 657A, and are being abated of asbestos in preparation of demolition. Expenditure Required: Unknown Source of Funds: Nuisance bonds Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 332 of 693 CITY OF WATERLOO , IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement RFB Contract #AB-2021-03-8P 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 333 of 693 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services of 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 11, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR ASBESTOS ABATEMENT SERVICES —Asbestos Abatement Contract# AB-2021-03-08P— 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street, and the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Asbestos Abatement Services Contract#AB-2021-03-09P Notice of RFB Date: February 22, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday March 11, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES -#AB- 2021-03-08P —725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western(cDwaterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 2 of 11 Page 334 of 693 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RF file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday March 11, 2021, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday March 15, 2021. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 3 of 11 Page 335 of 693 be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 4 of 11 Page 336 of 693 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately three (3) months beginning March 15, 2021, to May 31, 2021. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal)from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 5 of 11 Page 337 of 693 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 6 of 11 Page 338 of 693 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within three (3) months of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 7 of 11 Page 339 of 693 the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- 7. HOLD HARMLESS AGREEMENT - The Contractor The word CITY refers to the CITY OF WATERLOO, agrees to protect, defend, indemnify and hold harmless IOWA throughout these Instructions and Terms and the City of Waterloo, its officers and employees, their Conditions. Similarly, PROPOSER refers to the person agencies and agents, from any and all claims and or company submitting an offer to sell its goods or damages of every kind and nature made, rendered or services to the CITY, and CONTRACTOR refers to the incurred by or in behalf of every person or corporation successful bidder. whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any 2. PROPOSER QUALIFICATIONS - No Proposal shall be acts, actions, work or other activity done by the accepted from, and no Contract will be awarded to, any Contractor, its employees, subcontractors or any person, firm or corporation that is in arrears to the City independent contractors working under the direction of upon debt or Contract, that is a defaulter, as surety or either the Contractor or subcontractor in the otherwise, upon any obligation to the City, or that is performance of this Contract. deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit 8. PROPOSAL REJECTION OR PARTIAL ACCEP- satisfactory evidence that they have a practical TANCE - The City reserves the right to reject any or all knowledge of the particular supply/service proposal and Proposals. The City further reserves the right to waive that they have the necessary financial resources to technicalities and formalities in Proposals, as well as to provide the proposed supply/service as described in this accept in whole or in part such Proposals where it is Request for Proposal. deemed advisable in protection of the best interests of the City. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR-Any deviation from this specification MUST 9. PROPOSAL CURRENCY/LANGUAGE - All proposal be noted in detail, and submitted in writing in the prices shall be shown in US Dollars ($). All prices must Proposal. Completed specifications should be attached remain firm for the duration of the Contract regardless of for any substitutions offered, or when amplifications are the exchange rate. All proposal responses must be desirable or necessary.The absence of the specification submitted in English. deviation statement and accompanying specifications will hold the Proposer strictly accountable to the 10. PAYMENTS - Payments will be made for all specifications as written herein. Failure to submit this goods/services delivered, inspected and accepted within document of specification deviation, if applicable, shall 45 days and on receipt of an original invoice. be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are 11. MODIFICATION, ADDENDA & INTERPRETATIONS - submitted with Proposals, the Proposer's name should Any apparent inconsistencies, or any matter requiring be clearly shown on each document. explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding 4. COLLUSIVE PROPOSAL - The Proposer certifies that weekends and holidays) prior to the time set for the the proposal submitted by said Proposer is done so Proposal opening. Any and all such interpretations or without any previous understanding, agreement or modifications will be in the form of written addenda. All connection with any person, firm, or corporation making addenda shall become part of the Contract documents a proposal for the same Contract, without prior and shall be acknowledged and dated on the signature knowledge of competitive prices, and it is, in all page. respects, fair, without outside control, collusion, fraud or otherwise illegal action. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and 5. SPECIFICATION CHANGES, ADDITIONS AND regulations of a governmental body having jurisdiction DELETIONS -All changes in Proposal documents shall shall apply to the award throughout as the case may be, be through written addendum. Verbal information and are incorporated here by reference. obtained otherwise will NOT be considered in awarding of Proposals. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by 6. PROPOSAL CHANGES - Proposals, amendments the City. thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless 14. ELECTRONIC SUBMITTAL - Telegraphic and/or of when they were mailed. proposal offers sent by electronic devices (e.g.facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 8 of 11 Page 340 of 693 adequate time for delivery of their proposal either by 18. TAXES -The City of Waterloo is exempt from sales tax airfreight, postal service,or other means. and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices 15. CANCELLATION-Either party may cancel the award in before payment is made. the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or 19. PROPOSAL INFORMATION IS PUBLIC — All in the event that such party makes an assignment for documents submitted with any proposal and the the benefit of creditors. proposal shall become public documents and subject to Iowa Code Chapter 22,which is otherwise known as the 16. ASSIGNMENT- Proposer shall not assign this order or "Iowa Open Records Law". By submitting any document any monies to become due hereunder without the prior to the City of Waterloo in connection with a proposal, written consent of the City. Any assignment or attempt the submitting party recognized this and waives any at assignment made without such consent of the City claim against the City of Waterloo and any of its officers shall be void. and employees relating to the release of any document 17. EQUAL OPPORTUNITY - The successful firm agrees or information submitted. not to refuse to hire, discharge, promote, demote, or to Each submitting party shall hold the City of Waterloo otherwise discriminate in matters of compensation and its officers and employees harmless from any against any person otherwise qualified solely because claims arising from the release of any document or of age, race, color, religion, sex, sexual orientation, information made available to the City of Waterloo gender identity, marital status, national origin, arising from any proposal opportunity. citizenship status, disability,or veteran status. RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 9 of 11 Page 341 of 693 EXHIBIT"'A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 10 of 11 Page 342 of 693 Our `snot to exceed" bid price for each property is: 725 Glenwood Street $ 663 Kern Street $ 214 Cottage Street $ 409 Wellington Street $ 200 Merriman Street $ 413 Wellington Street $ 915 Linden Avenue $ 921 W. 2nd Street $ Total $ RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,200 Merriman Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street Page 11 of 11 Page 343 of 693 EXHIBIT "C" CONTRACT #AB-2021-03-8P FOR ASBESTOS ABATEMENT SERVICES 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of March 15, 2021, by and between the City of Waterloo, Iowa("City") and . In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of a minimum of three (3) months, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$ as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. Page 344 of 693 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty(30) days after issuance of the IDNR Ten Day notice. 4. Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Resorting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 2 Page 345 of 693 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder,including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes 3 Page 346 of 693 of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelly Felchle, City Clerk 4 Page 347 of 693 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021, and date of public hearing as March 15, 2021, in conjunction with demolition services, Contract No. D-2021-03-61', located at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Demolition RFB Contract#D-2021-03-6P Backup Material ❑ 6EP ibit B Demolition Bid Specs Contract#D-2021-03- Backup Material ❑ Exhibit C Demolition Contract#D-2021-03-6P Backup Material Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021, and date of public SUBJECT: hearing as March 15, 2021, in conjunction with demolition services, Contract No. D-2021-03-6P, located at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hoale Street, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Most of the properties were acquired through Iowa Code 657A, and have already been tested and abated for asbestos, and are now being demolished. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 348 of 693 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] Demolition RFB Contract #D-2021-03-6P 1004 Fulton Street,179 Rebecca Lane,118 Shilliam Avenue, 421 Logan Avenue,154 Harrison Street, 242 Hogle Street City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 349 of 693 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (Non-RACM) demolition, removal, disposal and site clearance of 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 11, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — (Non-RACM) Demolition Contract# D-2021-03-06P— 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, 242 Hogle Street, and the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Demolition and Site Clearance Services (Non-RACM) Demolition Contract # D-2021-03-06P — 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, 242 Hogle Street Notice of RFB Date: February 22, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday March 11, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NON-RACM) DEMOLITION CONTRACT # D-2021- 03-06P — 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, 242 Hogle Street City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western(c�waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LanV6bPSM of 693 Avenue,421 Logan Avenue,154 Harrison Street, 242 Hogle Street y 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday March 11, 2021, at 1:00 pm (our clock) Central Time in the First Floor Conference Room, City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LancPA$�SI," of 693 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street yv One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LancPAWi352 of 693 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately three (3) months beginning March 15, 2021 to June 30, 2021. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LancPA$�il M of 693 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street yv 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for (Non-RACM) demolition and site clearance services for: 1004 Fulton Street,179 Rebecca Lall18 Shilliam Avenue, 421 Logan Avenue,154 Harrison Street, 242 Hogle Street 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LancPAWi354 of 693 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LancPAWi355 of 693 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street EXHIBIT""A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the site is, not to exceed: 1004 Fulton Street $ 179 Rebecca Lane $ 118 Shilliam Avenue $ 421 Logan Avenue $ 154 Harrison Street $ 242 Hogle Street $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid Page 356 of 693 EXHIBIT `B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF 1004 Fulton Street,179 Rebecca Lane,118 Shilliam Avenue, 421 Logan Avenue,154 Harrison Street, 514 Johnson Street, 242 Hogle Street [No Regulated asbestos containing materials (Non-RA CM)l PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Chris Western, Planner II/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees, structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps,planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), driveways, and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. B. Remove the materials from the demolition site in accordance with federal, state and local regulations. C. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. D. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors,ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. E. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. Page 357 of 693 H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. 2 Page 358 of 693 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys,underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities,which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 3 Page 359 of 693 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible,responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 4 Page 360 of 693 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris,basement walls, foundations, steps,private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed inPart 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees,permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on the project (excluding any Limited Notice to Proceed). It is anticipated that the City will issue a Notice to Proceed immediately for purposes of completing required utility disconnect work. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least 5 Page 361 of 693 $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and employees, shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, slabs of basementless structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re- excavation of the basement area at the Contractor's expense. The City cannot provide verification regarding the area of the basements,but the Black Hawk County Assessor's detailed reports indicate that all six (6)properties have full basements. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property or the items noted above. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of any tree or such removal will be considered incidental and shall be included in the lump-sum bid for demolition. E. Fences: Fences, guardrails,bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. 6 Page 362 of 693 G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 45513.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. 7 Page 363 of 693 C. Tires, Household Hazardous Waste,White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks,paint,pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste)will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public,private property and public infrastructure. E. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. F. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING,AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. 8 Page 364 of 693 B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces,parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 9 Page 365 of 693 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with private utility companies for disconnection of services, including, but not limited to, electricity, natural gas, cable television,phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction within City Right-of-Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off-site vehicle track out(stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Berkshire Hard Fescue 30% Treasure Chewing Fescue 30%Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. 10 Page 366 of 693 For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 11 Page 367 of 693 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill—refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste)to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 12 Page 368 of 693 Exhibit"C" CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No-Regulated Asbestos Containing Materials (RACM)] Demolition RFB Contract #D-2021-03-6P 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 211 Street This Contract for Demolition and Site Clearance Services (No-RACM) (the "Contract") is entered into as of March 15, 2021 by and between the City of Waterloo, Iowa("City") and tContractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period from after the date of this Contract to June 30, 2021, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor will be paid a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty (30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Response (Proposal) d. Specifications for Demolition and Site Clearance e. Signature Page f. Building Demolition Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. Page 369 of 693 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$ 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps,at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 2 Page 370 of 693 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 1913, 551.4 of the Code of Iowa,which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract,together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the 3 Page 371 of 693 remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelly Felchle, City Clerk 4 Page 372 of 693 CITY OF WATERLOO Council Communication Resolution approving changing the location of a city council special session meeting scheduled for March 25, 2021 at 5:30 p.m., and a city council planning session scheduled for March 29, 2021 at 5:30 p.m., to the Schoitz Room at the Waterloo Center for the Arts, and instruct City Clerk to publish said notice of change of location. City Council Meeting: 3/1/2021 Prepared:2/17/2021 Resolution approving changing the location of a city council special session meeting scheduled for March 25, 2021 at 5:30 p.m., and a city council SUBJECT: planning session scheduled for March 29, 2021 at 5:30 p.m., to the Schoitz Room at the Waterloo Center for the Arts, and instruct City Clerk to publish said notice of change of location. Submitted by: Submitted By:Kelley Felchle, City Clerk Recommended Action: Approval. Page 373 of 693 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 15, 2021, to authorize the sale and conveyance of property located north of 3620 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, and instruct the City Clerk to publish said notice. City Council Meeting: 3/1/2021 Prepared:2/23/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ Map Backup Material Resolution setting date of public hearing as March 15. 2021, to authorize the sale and conveyance of property located north of 3620 Wagner Road, to SUBJECT: Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Set date of hearing The City has owned the land since 2016. Camenzind Masonry, LLC plans Summary Statement: to construct one 8,000 square foot building along with an outdoor storage space on the property. Construction would begin in the Spring of 2021 and be completed by winter of 2022. Expenditure Required: None Source of Funds: NA Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not sell Legal Descriptions: Lot 2, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 374 of 693 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2021, by and between Camenzind Masonry, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made Page 375 of 693 herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a new commercial building of approximately 8,000 square feet or greater, and related parking, landscaping, and other improvements to the buildings and grounds, including but not limited an outside storage area behind the building surrounded by a chain link fence (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction within two (2) months after the date of this Agreement (the "Project Start Date") and Substantially Complete construction no later than December 31, 2021 (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not begun construction of the Improvements by the Project Start Date, then City may terminate this Agreement as set forth in Section 12, 2 Page 376 of 693 and title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but commencement of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, provided that Company shall indemnify City and hold it harmless as set forth in Section 4. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, riot or civil disturbance, court order, government regulation or directive, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 12 and the title to the Property shall revert to the City. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney- in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of 3 Page 377 of 693 indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees and costs of usage after conveyance from the City. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $400,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations 4 Page 378 of 693 engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Complete, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. F. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. G. Until termination of the MAA, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to 5 Page 379 of 693 the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. 6 Page 380 of 693 E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. E. Company (1) files any petition in bankruptcy or for any relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 7 Page 381 of 693 12. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 8 Page 382 of 693 B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, 9 Page 383 of 693 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. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 217 Rhey Street, Waterloo, Iowa 50703, Attention: Michael Camenzind. 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. 20. 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. 10 Page 384 of 693 21. 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. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. 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. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. 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. 26. 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. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 11 Page 385 of 693 CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Michael Camenzind 12 Page 386 of 693 EXHIBIT "A" Legal Description of Property: Lot 2, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 387 of 693 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), CAMENZIND MASONRY, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $400,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on the schedule set forth in the Development Agreement, which shall be no later than December 31 , 2021. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, Page 388 of 693 2031. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 2 Page 389 of 693 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2021, by Michael Camenzind as Managing Member of Camenzind Masonry, LLC Notary Public 3 Page 390 of 693 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Four Hundred Thousand Dollars ($400,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 391 of 693 41. A cc . lW V � 1 Y ,t. Cit-Lj of Waterloo,Iowa " W�E S Page 392 of 693 CITY OF WATERLOO Council Communication Recommendation of appointment of Wade Ingamells, from the Civil Service List, to the position of Golf Maintenance II in the Leisure Services Department, effective March 2, 2021. City Council Meeting: 3/1/2021 Prepared:2/16/2021 ATTACHMENTS: Description Type ❑ GMI1 Civil Service List Backup Material ❑ Personnel Req. GMII Backup Material ❑ questionnaire GMII Backup Material ❑ Job Description GMII Backup Material Recommendation of appointment of Wade Ingamells, from the Civil Service SUBJECT: List, to the position of Golf Maintenance 11 in the Leisure Services Department, effective March 2, 2021. Submitted by: Submitted By:Paul Huting, Leisure Services Director Recommended Action: Recommend approval of appointment. The Civil Service List for Golf Maintenance II was certified on January 29, 2021. The position was vacated 8/4/20 when an employee transferred from Summary Statement: GMII to another Leisure Services position. This recommended appointment of Wade Ingamells to Golf Maint. II will result in a transfer from his currently held position of Park Maintenance II Crew Leader. $4,327 difference in salary and benefits for the Golf Maintenance II position Expenditure Required: compared to the Park Crew Leader position. All costs for this position are included in the regular operating budget. Source of Funds: Leisure Services (4120 Golf Courses) operating budget. Policy Issue: This action will help support the City of Waterloo Strategic Plan Strategy 4.5 Maintain facilities that support quality of place. Background Information: Attachments include the current Civil Service List, Personnel Requisition Form and questionnaire, and Job Description. Page 393 of 693 CHTY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry St. Waterloo,IA 50703 ®Phone(319)291-4303 Fax(319)299-4569 b i b b January 29, 2021 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 Golf Course Maintenance II for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (January 29, 2021 --January 28, 2022). CERTIFIED DIST Sully Bucheit Douglas Miller Wade Ingamells Samuel Scriver Chad Jones E i Respectfully submitted, {E E 71 `'/ { Barry 'I kins Date ` Lke Caldwell Dai Ethel Was 'ngto Date cs LIST GOLF"MAINENANCE If 21 WE'RE WORKING FOR YOU! An Equal OpportunitylAfflrmative Action Employer Page 394 of 693 PERSONNEL REQUISITION FORMaRECEIVED . Check as applicable: To start recruiting or civil service process and/or ® To fill a vacancy Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. r'.r'.x*x9r oFxx�x:F Ytx�k�x.':xxr':sei:�x�d;kxxxi:i:xx�'e>k9:4:stx*�F�c;k irxie:F*1;ie9;i:x�:�F}:�k k*9r 9;hoF�t�'e kx�4*�rk4r>F�xac d;tc�+:*�kk;Fxxr.�F ie ie r.�':�r.9:�F Position Title: Golf Maintenance H_ Department: Leisure Services Reports To: Golf Manager Work Location: Golf Courses Employment Status: Regular Full Time ❑Temporary Full Time from to ❑Regular Part Time ❑Temporary Part Time from to ❑Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: Yes ❑No ❑Internal Posting Only Bargaining Position: ®Yes ❑No ®internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: ❑Yes No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for:Nick Schissel Golf Maintenance II (Specify name and title of former incumbent) If replacement,former incumbent: ❑ Retired/Resigned/Terminated ®Transferred ❑Promoted Date incumbent terminated employment: 8/24/20 Date of final payout: N/A Anticipated start date: TBD No, of hours/week:40 Work schedule: 6:00am-2:30pm M-F ` Justification of need for position: This is an essential maintenance position for the golf courses. The golf course Maintenance 11 position also supervises seasonal staff and manages day-to-day operations on the golf course in the absence of the Golf 111. This position also completes snow removal throughout the City and assists with flooding emergencies. What are the likely consequences if the position is not filled? Course conditions will deteriorate rapidly; City will experience loss of revenue due to poor playing conditions. More snow removal will need to be contracted, Leisure Services Department will be less able to assist with emergency flood preparations. APPROVALS i Annual salary requirements: $62,067.20 Hourly Rate: $29.84 Benefits: $28,173.00 (Payroll taxes,pension,Health ins.-assuming family) , Is position budgeted for this and future FYs? ®Yes ❑No If no,how will position be funded? i Approved subject to the following con.ditaons: UAI Submitting Departm—wrIfead Date Mayor %y^ Date I 1/J_4� Chief rinancial Officer Date Human Resources Director Date � t 1 c7. (I tYA r`kdbav Human Resources Com ittee Ch irperson Date 3 Created 6/30/2017 j Page 395 of 603 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission. to Human Resouj ces. *x*��vexxxxxxxxx�r k�c 9r k�atr*aF:k**c&aF Bcx Kxir�,F aF k49:ki:xKir it*Ksc*xkk*ir�Y*K�x*x��ir ix�cxxiv cK�*�Fx�:K+c*'e*:F>":�,Fxx kk*xxx�Fxx Position Title: Golf Maintenance 11 Department: Leisure Services Reports To: Assistant Park Superintendent Work Location: Golf Courses Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑No ❑ Internal Posting Only Bargaining Position: ® Yes ❑No ® Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: ❑Yes ®No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Case Harn Golf Maintenance II (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted €; Date incumbent terminated employment: 2/16/21 Date of final payout: 3/12/21 Anticipated start date: TBD No. of hours/week: 40 Work schedule: 6:00am-2:30pm M-F Justification of need for position: This is an essential maintenance position for the golf courses. The golf course Maintenance N position also supervises seasonal staff and manages day-to-day operations on the golf course in the absence of the Golf III. This position also completes snow removal throughout the City and assists with flooding emergencies. What are the likely consequences if the position is not filled? Course conditions will deteriorate rapidly; City will experience loss of revenue due to poor playing conditions. More snow removal will need to be contracted. Leisure Services Department will be less able to assist with emergency flood preparations. APPROVALS Annual salary requirements: $62,067.20 Hourly Rate: $29.84 Benefits: $25,173.00 (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? ® Yes ❑No If no,how will position be funded? Approved subject to the following conditions: Submitting Depart t cad Date Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 396 of 693 PERSONNEL REQUISITION GOLF MAINTENANCE H The following questions are provided as guidelines to assist you in developing your rational for the position of Golf Maintenance 11 in the Leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Primary duties include performing daily maintenance tasks at one of the three Waterloo Municipal golf courses. This would 'include but not limited to: mowing greens,tees, and fairways. Operating specialized golf turf equipment. Operating and preforming maintenance on irrigation systems. Diagnosis of turf disease and insect problems and application of pesticides, insecticides and other chemicals in the care of golf course vegetation. Assisting in the supervision of seasonal maintenance workers. Trimming and pruning trees. Completes adjustments to mowers and conducts comprehensive preventative and curative maintenance on full fleet of golf course maintenance equipment. Rakes turf, sand traps, and cuts, rolls, and installs sod. Prepares written records and reports. Responds to questions from the public concerning golf course maintenance. Completes snow i removal throughout the city in winter months. Assists with emergency flood preparation throughout the City. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. All other employees are being used to their fullest potential. (3) How is the work of this position being accomplished now? The work is not adequately being completed now. The loss of one position on the golf course is 113 of the full time crew size or 1/5 of the overall crew if you include seasonal positions. E (4) Are the filled positions in your department currently being utilized to their maximum potential? Absolutely. (5) How would filling this position meet the needs of your department or the City on either a,short-telco basis (if temporary position) or a long-term basis (if a regular position)? Page 397 of 693 kfk' i E' t The golf course maintenance crews are extremely small in size when compared to crews of other 18 hole golf courses. Typically between full and part time employees in peak season only five total maintenance staff are used. In order to successfully complete needed maintenance work it is imperative that this retirement vacancy be backfilled. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? The City will realize savings each winter needing to contract less snow removal through private companies. Additionally, filling this position will allow the golf courses to continue to maximize revenues realized when playing conditions are acceptable to the golfing public. Reducing the golf maintenance staff by even one position will have a dramatic negative impact on playing conditions and revenue will be lost because golfers will chose to play elsewhere. 77 (7) if you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? E So far we have not utilized a lot of overtime to backfill the vacancy created by this retirement but if we get into the spring season and the grass starts growing is that will certainly change. E (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The spring, summer, and fall workload has remained fairly consistent over the past three fiscal years however the wintertime workload has increased due to the City installing new sidewalks,parking lots, and other areas needing snow removal. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as E specific as possible. Not filling this position will increase the subsidy needed to operate the golf courses. In fiscal year 2020 we were able to lower expenditures and increase revenues versus fiscal year 2019. We want to continue that trend. Having poor playing conditions will move the trend back in a negative direction and ultimately cost the tax payers more money while providing less quality playing conditions. All maintenance tasks noted in question number one would be completed at lower frequencies. is Page 398 of 693 F{f E:. {(11E {{E{ {E { E (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? In many cases the maintenance tasks that this position would complete will not be addressed until the person returns from vacation. There are a few core tasks that must be completed each day such as mowing greens but many other tasks such as mowing rough will have to wait until staffing is sufficient to work on these items, (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No. This position is supporting a crew already in place. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is equally as important as every other maintenance position in the Leisure Services Department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position would support the City of Waterloo Plan: i Strategy 1.7- Seek ways to create a live,work, learn, and play environment with amenities that attract and retain population in Waterloo. Strategy 4.5- Maintain facilities that support quality of place. Note: Forward completed questionnaire to Human Resources E Department with original copy of Personnel Requisition form. i E f Ei i; F Page 399 of 693 I` Name and Job Title -Oa /Cnt� _r 0al f , —_— Department—LosAA, (z I --_— — --- Today's Date I wish to announce my (circle one) RETIREMENT TERMINATION Effective on this date: —_-- For the following reasons: Sincerely, Signature and Today's Date Page 400 of 693 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the Golf Course Maintenance II description and following directions to submit cover letter and resume. We will not accept mailed,faxed, hand-delivered or directly emailed resumes. Deadline to submit resume is Noon on a date and time to be determined. CIVIL SERVICE NOTICE CITY OF WATERLOO,IOWA OPEN EXAMINATION GOLF COURSE MAINTENANCE II DEPARTMENT LEISURE SERVICES SALARY $28.84 with$1.00 increase after 6-month probation FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Performs duties relating to maintenance and operation of an eighteen-hole municipal golf course. The work is performed under the general direction of the Golf Course Maintenance III (Greenskeeper) and Golf Manager. If working weekends or in absence of Golf Maintenance Ill, will assume supervisory responsibilities. May supervise part time and seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS and programs in absence of Golf Maintenance (Illustrative Only) III. These functions are considered essential for successful performance in this job classification. 9. Prepares written records and reports. 1. Operates and maintains specialized golf 10. Operates golf maintenance equipment either course turf equipment and irrigation system. riding or on foot. 2. Applies pesticides, insecticides and other 11. Performs golf course maintenance on uneven chemicals in the care of golf course ground and while golfers are on course. vegetation. 12. Works in trenches to perform irrigation 3. Assists Golf Maintenance III in supervision of system repairs; confined space entry when a crew involved in daily golf course working in water pits and manholes for maintenance operations. irrigation system. 4. Diagnoses and treats turf insect and disease 13. Participates in department preventive problems. maintenance program for vehicles and equipment. 5. Trims and prunes small trees and bushes on golf course and assists forestry crew on larger 14. Responds to questions from the public projects. concerning golf course maintenance. 6. Moves tee markers, cuts cups, adjusts 15. Directs the work of part time and seasonal mowers, operates weed eater and repairs workers as assigned. equipment. 16. Workload varies and may be repetitive. 7. Rakes turf and sand traps and rolls sod. 17. If assigned to work weekends, will assume 8. Organizes and completes golf course projects supervisory duties. Page 401 of 693 18. Works independently and with others with pros and the public. minimum supervision. 11. Ability to work with people from a broad 19. Attends work regularly at the designated variety of social, economic, racial, ethnic and place and time. educational backgrounds. 20. Works outside in all weather conditions; ACCEPTABLE EXPERIENCE & TRAINING works near moving vehicles and equipment; 1. Bachelor's Degree from an accredited college operates equipment and tools that cause or university with major course work in turf vibration; exposed to pesticides, insecticides management, horticulture or a closely related and other chemicals;noise level is often loud. field with minimum one year experience in golf course turf management 21. Performs all work duties and activities in OR accordance with City policies,procedures and Graduation from a two-year horticulture OSHA, City and Leisure Services safety rules program with minimum three years' and regulations. experience in golf course turf management OR 22. Performs all other duties as assigned. High school graduate/G.E.D. with minimum five years' experience in golf course turf REQUIRED KNOWLEDGE &ABILITIES management 1. Knowledge of and ability to diagnose and OR treat turf insect and disease problems as they Any equivalent combination of education and affect golf courses. experience that provides the knowledge, skills and abilities necessary to perform the 2. Thorough knowledge of the techniques and essential functions of the position. principles of golf course management and maintenance. 1. Iowa Class A Commercial Driver's License within 120 calendar days of employment and 3. Knowledge of occupational hazards and good driving record based on City of safety procedures of golf course work. Waterloo driver performance criteria. A candidate with any of the following will not 4. Ability to operate golf course maintenance be considered for employment: loss of license equipment such as riding mower, tractor, for any reason during the period of candidacy cultivator, loader, chemical sprayer, backhoe, for employment, if the candidate remains trencher and other specialized golf equipment without a valid, current license for the for four to six hours at a time. position when the City issues an offer of employment; loss of license, plea of guilty, 5. Ability to plan, assign and supervise part time plea of no contest or its equivalent or and seasonal employees. conviction for OWI, reckless driving or other major moving violation include habitual 6. Ability to express ideas orally and in writing. violator within the previous five years; four or more citations for moving violations 7. Ability to understand chemical hazard labels within the previous three-year period, and keep chemical spraying records. excluding speeding violations of 10 mph or less over the posted speed limit; three or 8. Ability to exercise independent judgment in more citations for moving violations within completion of assigned projects. the previous one-year period. After appointment to the position, disciplinary 9. Ability to respond to questions and comments action or continuing employment status may from the public tactfully and politely. be reviewed for the following: four or more moving violations within the previous three 10. Ability to communicate effectively and years,three or more moving violations within maintain working relationships with the previous one year or loss of license or coworkers, supervisors, elected officials, golf conviction for OWI, reckless Arivin0 '93 major moving violation including habitual examination and a drug test by a physician of the violator within the previous five years; two or City's choice to determine if an applicant is more at-fault accidents within a three-year capable of performing the essential functions of period while driving on City business; three the position. Failure to pass the physical and or more at-fault accidents within a three-year drug test will result in withdrawal of the period. An applicant's driving record will be employment offer. reviewed prior to an offer of employment and 4. The City of Waterloo reserves the right to at least annually after hire. conduct a background investigation including driving, employment, education and criminal 3. State of Iowa Commercial Pesticide history checks on any applicant being Applicators License for ornamental turf considered for this position. ESSENTIAL PHYSICAL ABILITIES 5. Must submit to and pass Civil Service The following physical abilities are required with or examination procedures including a panel without accommodation. interview. 1. Sufficient strength and flexibility to perform WORK SCHEDULE assigned tasks. Shift time will vary but will generally be an eight- hour shift between the hours of 5:00 a.m. and 3:30 2. Sufficient speech and hearing that permits the p.m. with half-hour unpaid lunch break. May work employee to communicate effectively with Monday-Friday but could be scheduled to work coworkers and the public. weekends with alternate days off (i.e. Monday and Tuesday). When working the weekend schedule, will 3. Sufficient depth perception, distance and assume supervisory duties. May be required to report peripheral vision to safely operate vehicles after damaging storms. and equipment in all weather conditions and to observe distance of golfers; sufficient EXAMINATION INFORMATION color vision to note flag and tee markers and Qualified applicants who apply by the deadline date will observe and diagnose turf diseases; sufficient be required to appear before an oral examination panel consisting of a minimum of three people who have dexterity to safely operate powered and expertise in the areas being tested. An individual must manual golf course maintenance tools and receive a minimum average score of sixty points out of equipment; sufficient hearing to understand one hundred to achieve a passing score on the oral verbal instructions, respond to questions from examination. The top applicants, as ranked by their scores the public, diagnose equipment malfunctions on the oral examination will be the individuals placed on and hear warnings of golfers. the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo 4. Sufficient mobility that permits the employee shall have one additional point per full year of to operate required equipment safely in all employment up to a maximum of five points added to their types of weather. final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa MISCELLANEOUS and who are citizens and residents of the United States 1. Must wear personal protective equipment shall have five additional points added to their final score such as safety shoes, safety glasses, hearing upon submission of their DD214 or ten points added if protection, gloves, protective clothing and they were awarded a Purple Heart or have a service respirator. connected disability. 2. Must submit to Department of Transportation ORAL EXAMINATION DATE requirements including pre-employment, Qualified applicants who apply by the deadline date will post-accident, reasonable suspicion, random be notified of the time,place and date of the examination. and return-to-duty/follow-up alcohol and drug A.A./E.E.O. testing. Minority,female& disabled individuals are 3. Following a conditional offer of employment, encouraged to apply. the City of Waterloo requires a physical GOLF MAINTENANCE 11 DESCRIPTION 20 Octo Oa'gog 403 of 693 CITY OF WATERLOO Council Communication Motion approving Change Order No. 7 with Cardinal Construction Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 3/1/2021 Prepared:2/11/2021 ATTACHMENTS: Description Type ❑ Change Order#7 - 5 Bros Penthouse Chiller Backup Material Motion approving Change Order No. 7 with Cardinal Construction Inc., of SUBJECT: Waterloo. Iowa, for no increase to the project tota, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval CR 06: Cost to remove sound attenuator on supply fan. Remove and install new 16 gauge galvanized welded metal completed with fire wrap on Summary Statement: additional ductwork. ($6,345.18) CR 08:Move unit heater called out for ASI 4 so that electrical bus duct can be installed. ($2001.12) Total Add: $8,346.30 Expenditure Required: Reduce specified roof asbestos abatement allowance from$15,000, to $6,653.70. Contract sum remains unchanged. Page 404 of 693 r_— o Document G701 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:007 Penthouse Chiller for the City of Project No. 19-23141 Waterloo,IA. Date:March 27,2020 Date:February 10,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(LSO) Cardinal Construction,Inc. 715 Mulberry Street 314.East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,LA 50703 Waterloo, LA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if'applicahle,attach or reference specific exhibits.Also include agreed upon adjustments attributabte to executed Construction Change Directives.) A. CR 06: Cost to remove the sound attenuator on the supply fan, Remove and install new 16 ga.galvanized welded metal complete with fire wrap on the additional ductwork..........Add $6,345.18 B. CR 08: To move the unit heater called out for in ASI 4 so that electrical bus duct canbe installed.......................................................................................................................Add $2,001.12 TOTAL ADD $8,346.30 REDUCE SPECIFIED ROOF ASBESTOS ABATEMENT ALLOWANCE FROM$15,000.00 TO$6,653.70. CONTRACT SUM REMAINS UNCHANGED, The original Contract Sum was $ 1,1 14,000.00 The net change by previously authorized Change Orders $ 26,865.08 The Contract Sum prior to this Change Order was $ 1,140,865.08 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 1,140,865.08 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 7,2020, NOTE:This Change Order does not include adjustments to the 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. NOTVALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Cardinal Construction,Inc. City of Waterloo ARCHITECT(Firer Mane) 707RACTOR(Finn name) OWNER(Firm none) SIGNATURE MATURE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin Mart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE February 10,2021 2-10-2021 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 was produced by AIA software at 16:54:21 ET on 02/10/2021 under Order No-8114132283 which expires on 07112/2021.is not for resale,is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail oopyrighl@aia.org. User Notes: (3139ADA38) Page 405 of 693 CITY OF WATERLOO Council Communication Exception to Burning Yard Waste Application by Tom Herzmann, on behalf of Cedar Valley Youth Soccer Association, to burn 21 acres of native prairie on the corner of DeWitt Road and W. Ridgeway Avenue, March 20-May 10, 2021. City Council Meeting: 3/1/2021 Prepared:2/17/2021 Exception to Burning Yard Waste Application by Tom Herzmann, on behalf SUBJECT: of Cedar Valley Youth Soccer Association, to burn 21 acres of native prairie on the corner of DeWitt Road and W. Ridgeway Avenue, March 20 - May 10, 2021. Submitted by: Submitted By: Lt. Brock Weliver, Interim Fire Marshal Page 406 of 693 CITY OF WATERLOO Council Communication Exception to Burning Yard Waste Application by Sharon Stiles to burn up to 18.81 acres of native prairie on their farmland located at 4335 Logan Avenue during the month of April 2021, weather permitting. City Council Meeting: 3/1/2021 Prepared:2/17/2021 Exception to Burning Yard Waste Application by Sharon Stiles to burn up to SUBJECT: 18.81 acres of native prairie on their farmland located at 4335 Logan Avenue during the month of April 2021, weather permitting. Submitted by: Submitted By: Lt. Brock Weliver, Interim Fire Marshal Page 407 of 693 CITY OF WATERLOO Council Communication Request by the City of Waterloo to rezone approximately 17.50 acres from"A-1"Agricultural District and "M-1"Light Industrial District to "C-P"Planned Commercial District and"B-P"Business Park District located at 700 Falls Avenue. City Council Meeting: 3/1/2021 Prepared:2/2/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning; Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning SUBJECT: Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of approximately 17.50 acres from"A-1" Agricultural District and "M-1"Light Industrial District to "C-P"Planned Commercial District and "B-P" Business Park District, located at 700 Falls Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by the City of Waterloo to rezone Summary Statement: approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to "C-P"Planned Commercial District and "B-P" Business Park District located at 700 Falls Avenue. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Staff is requesting to rezone the property in question for future development. The request would not appear to have a negative impact on the Page 408 of 693 neighborhood as the area is mostly a former industrial site, and vacant land. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by University Avenue, which is classified as a Collector, and Black Hawk Road and Falls Avenue which are classified as local roads. There are sidewalks along Black Hawk Road and Falls Avenue, but not along the north side of University Avenue. The new University Avenue trail will be located on the south side of University Avenue and should be completed later this year, the Sargent Road trail is located along the east side of the rezone area. The area of the proposed site is currently zoned "A-1"Agricultural District on the west end and "M-1"Light Industrial District on the east end, and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding uses and zoning: North— Warren Transport, Black Hawk Creek, and vacant land zoned "M- 1"Light Industrial District. South—Black Hawk Creek/Leonard Katowski Greenbelt zoned "A-1" Agricultural District East—US Highway 218 and US Highway 63 zoned "M-1"Light Industrial District and "R-4"Multiple Residence District. West— Residential and Commercial zoned"C-1,C-Z"Conditional Commercial District, "R-2" One and Two Family Residence District, "C-P" Planned Commercial District and"C-2" Commercial District. Homes built between 1911 and 1916 and commercial uses built between 1954 and 1979. No Buffering will be required for the rezone, and would be reviewed as future development through a future 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 with the remaining portion protected by levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0301F, dated July 18, 2011. Irving Elementary School is located 0.919 miles to the southeast, Central Middle School is located 1.95 miles to the west and East High School is located 1.67 miles to the northeast. Hope Martin Park and the Leonard Katowski Greenbelt located to the south of University Avenue. There is a 21" sanitary sewer line that travels southwest/northeast along Background Information: Black Hawk Road then to the east of the road right-of-way, there is a 36" sanitary sewer line located south of the Falls Avenue right-of-way west of Black Hawk Creek then along the right-of-way to the east of Black Hawk Creek. There is overhead utility lines located on the east side of Black Hawk Road and the north side of Falls Avenue. The Future Land Use Map designates this area as Industrial and Parks, Open Space, Schools,Airport Government Facilities, Public Areas. The Comprehensive Plan is designed to be a guide, not a blueprint for overall development and planning of the community and the plan is in the process of Page 409 of 693 being updated. The land on the east side of Black Hawk Creek was formally the site of Weissman Steel but recently was used as a log storage site by the Leisure Services Department. There is currently no active projects for the area but rezoning the area as planned districts will require any project proposed on the site to go through a site plan amendment process. The land to the west of Black Hawk Creek is proposed to be zoned "C-P" with the land east of Black Hawk Creek zoned"B-P". "C-P"zoning allows the inclusion of residences which the"B-P"zoning does not, and "B-P" allows the inclusion of compatible light industrial uses which the"C-P" zoning does not. Black Hawk Creek does run through the propose rezone area and is a floodway however both sides of the river are protected by levees. The east side of the rezone area has been filled in from dirt created from the section of University Avenue that formally crossed the tracks of the former Chicago Great Western railroad but was abandoned and now is a recreational trail meaning that the high approaches were no longer needed. The bridge was removed and replaced with a box culvert and the height of the road was lowered by over 15' with the material being placed north of the road on the former Weissman Steel site making the site close to the level of the road, making the site accessible from University Avenue and making the site a great redevelopment site. The applicant is not planning to subdivide the property at this time. Therefore, staff recommends that the request to rezone approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to "C-P"Planned Commercial District and"B-P"Business Park District located at 700 Falls Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. Part of the properties in question are classified as Industrial on the Future Land Use Map, and the other part is adjacent to several commercial uses making them a good redevelopment site. 3. Any projects will be required to go through a site plan amendment process. A-1 to C-P Area: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established;thence Westerly along the centerline of University Avenue to the Southeasterly right-of-way line of Black Hawk Road as presently established; thence Northeasterly along said Southeasterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established; thence Southeasterly along said Northeasterly right-of-way line to the centerline of Black Hawk Creek; thence Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. A-1 and M-1 to B-P Area: Legal Descriptions: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established;thence Easterly along the centerline of University Avenue to the Northwesterly right-of-way Page 410 of 693 line of the former Chicago Great Western Railroad; thence Northeasterly along said Northwesterly right-of-way line to the Southwesterly right-of-way line of U.S. Highway 218 as presently established; thence Northwesterly along said Southwesterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established; thence Northwesterly along said Northeasterly right-f-way line to the centerline of Black Hawk Creek; thence Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. Page 411 of 693 February 9,2021 REQUEST: Request by the City of Waterloo to rezone approximately 17.50 acres from "A-1" Agricultural District and "M-1" Light Industrial District to "C-P" Planned Commercial District and "B-P" Business Park District located at 700 Falls 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 development. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & neighborhood as the area is mostly a former industrial site. 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 University Avenue, which is classified as a Collector, and CONDITIONS: Black Hawk Road and Falls Avenue which are classified as local roads. RELATIONSHIP TO There are sidewalks along Black Hawk Road and Falls Avenue, but RECREATIONAL not along the north side of University Avenue. TRAIL PLAN AND The new University Avenue trail will be located on the south side of COMPLETE University Avenue and should be completed later this year, the STREETS POLICY: Sargent Road trail is located along the east side of the rezone area. ZONING HISTORY The area of the proposed site is currently zoned "A-1" Agricultural FOR SITE AND District on the west end and "M-1" Light Industrial District on the east IMMEDIATE endand has been zoned as such since the adoption of the Zoning VICINITY: Ordinance No. 2479 in 1969. Surrounding uses and zoning: North —Warren Transport, Black Hawk Creek, and vacant land zoned "M-1" Light Industrial District. South — Black Hawk Creek/Leonard Katowski Greenbelt zoned "A-1" Agricultural District East — US Highway 218 and US Highway 63 zoned "M-1" Light Industrial District and "R-4" Multiple Residence District. West — Residential and Commercial zoned "C-1,C-Z" Conditional Commercial District, "R-2" One and Two Family Residence District, "C-P" Planned Commercial District and "C-2" Commercial District. DEVELOPMENT Homes built between 1911 and 1916 and commercial uses built HISTORY: between 1954 and 1979. BUFFERS/ No Buffering will be required for the rezone, and would be reviewed SCREENING as future development through a future Site Plan Amendment REQUIRED: approval 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. 700 Falls Avenue—Rezone from A-1 &M-1 to C-P and B-P Pdg@F$?12 of 693 February 9,2021 FLOODPLAIN: A portion of the property in question is located in Special Flood Hazard area Zone A— 100 Year Floodplain and Floodway with the remaining portion protected by levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0301 F, dated July 18, 2011. PUBLIC /OPEN Irving Elementary School is located 0.919 miles to the southeast, SPACES/ Central Middle School is located 1.95 miles to the west and East SCHOOLS: High School is located 1 .67 miles to the northeast. Hope Martin Park and the Leonard Katowski Greenbelt located to the south of University Avenue. UTILITIES: WATER, There is a 21" sanitary sewer line that travels southwest/northeast SANITARY SEWER, along Black Hawk Road then to the east of the road right-of-way, STORM SEWER, there is a 36" sanitary sewer line located south of the Falls Avenue ETC: right-of-way west of Black Hawk Creek then along the right-of-way to the east of Black Hawk Creek. There is overhead utility lines located on the east side of Black Hawk Road and the north side of Falls Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial and COMPREHENSIVE Parks, Open Space, Schools, Airport Government Facilities, Public LAND USE PLAN: Areas. The Comprehensive Plan is designed to be a guide, not a blueprint for overall development and planning of the community and the plan is in the process of being updated. STAFF ANALYSIS — The City of Waterloo is requesting to rezone approximately 17.5 ZONING acres from "A-1" Agricultural District and "M-1" Light Manufacturing ORDINANCE: District to "C-P" Planned Commercial District and "B-P" Business Park District" for future development. The land on the east side of Black Hawk Creek was formally the site of Weissman Steel but recently was used as a log storage site by the Leisure Services Department. There is currently no active projects for the area but rezoning the area as planned districts will require any project proposed on the site to go through a site plan amendment process. The land to the west of Black Hawk Creek is proposed to be zoned "C-P" with the land east of Black Hawk Creek zoned "B-P". "C-P" zoning allows the inclusion of residences which the "B-P" zoning does not, and "B-P" allows the inclusion of compatible light industrial uses which the "C-P" zoning does not. Black Hawk Creek does run through the propose rezone area and is a floodway however both sides of the river are protected by levees. The east side of the rezone area has been filled in from dirt created from the section of University Avenue that formally crossed the tracks of the former Chicago Great Western railroad but was abandoned and now is a recreational trail meaning that the high approaches were no longer needed. The bridge was removed and 700 Falls Avenue—Rezone from A-1 &M-1 to C-P and B-P Pdg@P411 of 693 February 9,2021 replaced with a box culvert and the height of the road was lowered by over 15' with the material being placed north of the road on the former Weissman Steel site making the site close to the level of the road, making the site accessible from University Avenue and making the stie a great redevelopment site. 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 17.50 acres from "A-1" Agricultural District and "M-1" Light Industrial District to "C-P" Planned Commercial District and "B- P" Business Park District located at 700 Falls Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. Part of the properties in question are classified as Industrial on the Future Land Use Map, and the other part is adjacent to several commercial uses making them a good redevelopment site. 3. Any projects will be required to go through a site plan amendment process. 700 Falls Avenue—Rezone from A-1 &M-1 to C-P and B-P Pdg@P4Ifs of 693 City of Waterloo Planning, Programming and Zoning Commission February y, 2021 0 - U I LQL 5� M-1 VE $w ,N AVELU Q i LU Z w w R-2- 0 wY ¢ eFy���gsy,"c Y a M-2 BI ARKAVE J w ? Z w _R-1,R-P a M-1 N000 ROCK ISLAND � E Y ¢ F- OMppERCIAL ST D G RwOOO LU 5 AVF ,AVF =BECKAVE M-2 P m� Q , n �� HA Q LL > C-1 MAro QF FALLS AVE W a = PJB H wC-P s JANNEY AVE w JANNE �° W.WASHINGTON ST w a w P,�14,' w a z Q O�PG� UNIUERSITYAVE M=1 Y Q h w C-2 C-1,C-Z UNIVERSITYAVE R-4 LELAND 3 P to P Ty C-2 Ow Z �� Sr w 3 w w ¢ �J� 5 z R-3 0,—L U N—AR LN W.WELLINGTON ST 0 z g CT '� p<A c� o Z Q CT cn 41 w A-1 LU AVE C-2 Q s w w = ELM OD ST R-3LLI 9 ° �� F� /WELLINGTON Ur C-1 CT LULU ST U PEORIA --- �,`9 <" C-1 SUMMIT AVE �O GSA Z 63VEGAS W.2ND ST 2 ?i CT W.2ND ST Z /Opp R-4,C-Z�C-2 S-1 10 R-2 _ _ Ri4,C_Z -C REBER AVE G� C-1 U) �o o W.3RD W.3RD Z)ST m w R-3 C�1 y w j J U) B ST C�1 OHNSO ST z° ¢ a ¢ Q U >9 RK w o w HOME PARK BLVDco <�O 1 � R-3 > X J K I N 70o Falls Avenue W .E Rezone from "A-i" and "M-i" s to "C-P" and "B-P" 1,000 500 0 1,000 City of Waterloo Feet Page 415 of 693 City of Waterloo Planning, Programming and Zoning Commission February 9, 2021 CO STT _ ROCK ISLANOq Toys ��F 1 t LU s�� G7 �shi otic ��P �S) I Z acro itis �� < TiF - 775 f ~ LJ � " r BECK,AVE �°moi- �gssy�ti �o t Q w Area proposed to be rezoned "C-P" `rt F Planned Commercial District Proposed to be rezoned p WESTEIELD AVE L Area T �� ;:; "B-P" Business Park District 1 1 . �P ti 4TsTw wq F r JANNEYAVE o' 9 - Sy NGT• m 63 h`l� GTON ST 63 UNIVERSITYAVE UNIVERSITYAVE) UNIVERSITYAVE /UNIVERSITYAVE 63 UNIVERSITY AV Legend 63 iR G�PNk RoST RANDALL ST RANDALL' _ ® Area to be Rezoned "C-P" s _ 63 R ® Area to be Rezoned to "B-P" W WELLINGTON ST z , W 5 _ Q P Y W W 5 g��` rf" V 1. co �O O Ire 4 w 14, N 700 Falls Avenue W .E Rezone from "A-V and "M-i" s to "C-P" and "B-P" City of Waterloo Page 416 of 693 700 Falls Avenue — Rezone Looking east along University Avenue toward US Highways 63 and 218. y]RY �I Looking northwest toward Falls Avenue and US Highway 218. Page 417 of 693 *F Looking southwest from the corner of Falls Avenue and Black Hawk Road. } A + } Looking southeast toward University Ave. from the corner of Falls Ave. and Black Hawk Road Page 418 of 693 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): CI-74 LkP WN:�t.v(j Address: 7)5 W68C6214 67 Phone:3n- D.1 I- 4 3(Av Fax: City: QJ+-T N1_Lao State: 14- Zip:_ So70) Email:tJ�La 6 N7N4&sl Q t J*'Te2t oo-1610 Q(r b. Status of applicant: (a)Owner_,X(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: 72 0 0 r-A'1_1 's 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: �� �Jm.. Requested zoning: ;— — f. Reason(s)for rezoning and proposed use(s)of property: 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 mag) (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 perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in_gnestion in regards to the request. Signature of Applicant Date Signature of Owner Date Page 419 of 693 Rezone 700 Falls Avenue,A-1 and M-1 to C-P and B-P A-1 to C-P Area: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established; thence Westerly along the centerline of University Avenue to the Southeasterly right-of-way line of Black Hawk Road as presently established; thence Northeasterly along said Southeasterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established;thence Southeasterly along said Northeasterly right-of-way line to the centerline of Black Hawk Creek; thence Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. A-1 and M-1 to B-P Area: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established; thence Easterly along the centerline of University Avenue to the Northwesterly right-of-way line of the former Chicago Great Western Railroad;thence Northeasterly along said Northwesterly right-of-way line to the Southwesterly right-of-way line of U.S. Highway 218 as presently established;thence Northwesterly along said Southwesterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established; thence Northwesterly along said Northeasterly right-f-way line to the centerline of Black Hawk Creek;thence Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. Page 420 of 693 CITY OF WATERLOO Council Communication Adoption of the University Avenue Area Urban Renewal and Redevelopment Plan. City Council Meeting: 3/1/2021 Prepared:2/16/2021 ATTACHMENTS: Description Type University Avenue Area Urban Renewal and Backup Material Redevelopment Plan Documents Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Motion to receive, file, consider and pass for the first time an ordinance SUBJECT: providingthateg neral property taxes levied and collected each year on all property located within the newly described University Avenue Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, Cedar Falls School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The University Avenue Area Urban Renewal and Redevelopment Plan is being proposed to be adopted as a new economic development TIF area of the City of Waterloo to help encourage redevelopment and spur development activities now that the University Avenue road reconstruction project is nearing completion. This would appear to be the best model to Summary Statement: accomplish economic development of this area. Adoption of an urban renewal plan requires a consultation with taxing entities, which was held on February 12, 2021. Page 421 of 693 The Planning, Programming and Zoning Commission recommended approval of the Plan at their regular meeting on February 9, 2021. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 422 of 693 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: January 26, 2021 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Adoption of the University Avenue Area Urban Renewal and MEMBERS ................ Redevelopment Plan MARGARET KLEIN Ward I Staff is proposing the adoption of a new Urban Renewal and Redevelopment Plan JONATHAN (and TIF District) along the University Avenue corridor and adjacent areas. The GRIEDER purpose of the Plan and TIF District is to capitalize on the redevelopment of the Ward University Avenue road reconstruction project and spur and assist in development PAT of the area. Please find attached a map of the proposed TIF District, and a copy MORRISSEY of the proposed Plan. Ward 3 JEROME If you have any questions on the amendments, please contact our office. AMOS Ward 4 RAY Respectfully, FEUSS Ward 5 dr�2dt�� SHARON JUON Aric A. Schroeder, At-Large City Planner DAVE BOESEN At-Large WE'RE WORKING FOR YOU! Page 423 Of 693 An Equal Opportunity/Affirmative Action Employer g CAST111 LE ST Rq�N 218 Z Attachment A - University Avenue Area ST � R LU BURY RD O p 218 OAKCRESTD� 1 �= R 20 Development Plan Area T.I.F. District y W U MAYFAIR ST a j— A/NBOw Q �-A� 218 E I �� W �- p J A/NBOwO X92 218 O0� J Z OAK PARK CIR HARROW RD co nR R� O LESY O �^� PLEA Q NT-VALLEY DR PLEH- C W OIND 218 S� °o ff r WEMBLEY RD EPPING PL ADDS C Q w R 218 �- GONG�R RIVER RD PA RK o _ - a R GH AVE m o ¢ O v JOY i- 218 ORO R n D �, �- m �' a 218 S� FIELD_ST Q W� W �' Z W p a R ~ _J_1 oP�� --- S'o 0 0 ACORN LN �P z = ,� O W R a 218 NL TM III I I LU p v � �� N 218 JAY�LN III III III I LL MAYNARD AVE i W—J=Q Q RW MAYNARD AVE O 0 m z w p w 0 Q Q�'Li218 R/V Ji m � = w O = OO S� R`U, ER RD z cn O w g m ro p J L O 218 O' p r=-- iY 2 �' _ O Q UPTON AVE ¢ Q Y �a cj� U J QO m p U/V/V 11 W 2 �SHA LN y z BAUCH ST o f Y' 218 L�/2 n ERS/Ty'A� U COACHMAN DR }, Q �� FST O w m w I = n STRATFORD AVE--Co w > Q > 218 OSS UN/VE m w0 Q p x Q ¢ o w Q_ U mac° p wA), RS/TyAVE 2 m p Q m w o It (D e 218 Q T�� r CqR :70 W Q cn r W Z Y � O', ��<i �� F< ZQ Y W v 218 F OR U�ViL p o m II II Z w Z ro D ROCK ISLAND AVE W 218 w �, � = Q w z M A/"T 9y°R MIDWAY DR U �� w Z k Q R�OOO w 218 ��<O FLOWER ST Q = Q z w F4< l qVF O = 9L� Z 218 ScFN/ TUNS rUNIS \� C7 <O�E q FALLS AVE-FALL SA�.4 FP��S NPVE CSgVE FA<<S Y BECKAVE� 218 C_DR:SCENICDR C� RST��egRq�F g TrT' z �� ¢ RN/'Lc oJi _ ��1 tigRrM Q j 218 q� GREENHILL RD HILL RD �O 9VE ¢ U�C9 9NgV Q-FALLS AVE JQ SAGER AVE SAGE RAVE�SAGERAVE=� O SFNF Z z a � � � � ��/Fn///AZO = 0 218 \ C) �Q SAGERAVE cq 9V J m m LJ O HP ��C��v 'ODI DR � c S40 E m p G'L�G ` �= - J`m JANNEYAVE JANNEYAVE JANNEYAVE >�J J� 218 LIJO FR91�F :�. Ica ro cgQs�m Q W W �P �90 218 p ¢ w AGER AVE T 0 PFJ ¢ ¢ Q ADAZR ARK DR Q Z p z ¢ w i-I Lu 9�F °o W p W J ¢ TUB'CEl W RQ �` UNIVERSITYAVE UNIVERSITYAVE d TT DR cc 0 W Y UCl) O p i- -w W UNIVERSITYAVE = 6�P'�UNIVERSITYAVE�UNIVERSITYAVE O ¢ W ¢ W Q p U �_WI- W —� C� O Z w Q ONAWA DR p 2 c=n Z 1 �p p 63 v~i (3 iii "'----- O p DOWNING AVE Q DOWNING AVE - -ASPEN CT DOWNING AVE DOWNING AVE EMM O Z pQ j 63 iY— DELIMIATRO RD O 00 Q_LUNAR\,V.�� 0= z FTI w RUSHST- >_ ST Z �Z= > O � m l .Tl� 63 FF P = m /NGERSOLL'RD �4Z 0- ' ~ GARDENAVEIENAVE GARDEN AVE"GARDJAVE Cn¢ BLACKHAWKRD�OW G U QMU W 63 O p �' 63 ;A DR PG�rP OZ: Y VALDEZ DR �,-THIE It �pEGATHLON�U HUNTINGTON.RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD ���0 m Legend A0 0.5 1 Miles o��P Q Proposed University Avenue Area TIF OSP F nTTFFM I I I I I TMTI-F C/) Attachment A University Avenue Area ACO RNLNACORNLNACORNLN¢ Development Plan Area T.I.F . District - Zoom 1 MAX IN' EAV rM 11 _. P JAY L N "MAYNARD AVEC MAYNARD AVE — JQ p -- W cc W p p Cn-j -j U) W m IW- W W m o A U UPTON AVE m Fcj� KD RS/T 1'q VF 1-- n G D LLI UN/V ¢'f COACHMAN DR A �0O SHADY LN O m 1 CROSSWAYDRrp U�/VERS/ m9 mac „ W TygVE z C R A y Q 3Q Ca o €' Z M F cn g RICHLAND Z U 2 H RICHLAND DR = iW N/MFRS/T z E p y9li n 0 D W! 2 O (� °o R MIDWAY DR d Q 2 FLOWER ST F r/TY m CW/)' tr ALF z 0 `SCFiVj 2�S C/RUNIS CIR-i \X� CDR SCENIC DR acc LU m G r GREENHILCRD 'GREENHILL RD GREENHILL RG~ GREENHILL RDGREEN V-t- t ;01 � _J I p SAGER AVE SAGERAVE SAGERAVE�a SAGER AVE S9G1J" r O Ir SAGER AVE F -LL _ULd. - JODI DR W F i I �� ,O r OY 2 Q Legendtt "m �,,arZ LU WON MARK DR m �.; A A 1:3 Proposed University Avenue Area TIF _ r. 0 300 600 Feet a 218 218 Attachment A - University Avenue Area Development Plan Area T.I.F. District - Zoom 2 218 218 - 218 r 218 a ti 10-p 218 `: 1 41 0 IV D41 w R �O 1 '0 218 s - , m ti "Y RA/NBA m 3 wDR�ti NBOw 218 'D 218 m JOY pR JOY DR SOY = 218 / OROUGH AVE,w Co � 218 P�j Cr .' Q, — 7 ; ro LU rr � _ MAXINE AVE = 18 W PJ� O O OSP 2 E- N MAXI 218: 2180✓�g� W� 0 Z m MAYN RD AVE 218 Q - Q 0 218 J Q Q 2 Q ___LIPTON AVE LIPTON AVE O LIPTON A_VE ' LIPTON AVE 218 Q n BA—UCH ST BAUCH ST ° w O SHADY LN SHADY LN O z p Y m CI) o = STRATFORD AVE Q W W Q�.! z a A Q Z 2Uj � . , p W Q r gW ~ cn f'p r: W Q BISMARKAVE ~ - Y w Q �r LU O Q o�'S'Rrz w r . z q _w _ O OR ¢ J AVE N m NARVV 3 O ygR�O 61V41w r j PVE FALLS A 1 -S FALLS S FALLS AVE6 FALLS AVE FALLS AVE FALLS AVE FPL Fg446.,4 AFTTP TMPN Pv ' ALAV /yq�,T , J M o� Legend r qN G� qVF Proposed University Avenue Area TIF 0 300 soo Feet m1 } 4 AS V MAYNARD Attachment A - University Avenue Area RRD.4�VEA,RD R%V W UPTONAVE < Development Plan Area T.I.F. District - Zoom 3 p ERR° R'VERR�, IzzI w t. Q rj, O 218 a � � Ir Z � 218 CO ¢ W Q Y Q 218 W O ZO J e 218 Q �2�5, ✓! � f' ' BISMARKAVE Y W �r a Q r o 218 J Y 218 �STX/�a� W RV OOH AVE ROCK ISLANp qL 218 .$ o hgR�o o J ¢ c vE FALLS q V DDgIiF W O = ) 218 o sA q<<s. ALL ,qV 2 218 0 z F F`444s. W NqR u I�BECKAVE ¢ vE gVFFq` wDODgV F � 218 PR�MPN F ygRT"'gti Sq�FFq` E _ 218 N qVF �Sq 5 o m . y IiFFgCCs j,' QP 218 9G gliF 7I� FALLS AVE s��� 218 rn m 9 q l� 218 m z f• Nq` F ¢ n JANNEYAVE R` y ;y m a W t W IPJ G� 218 218 o 218 218 w� _ o LU W m m z Y n z �O ¢ UNIVERSITYAVE' UNIVERSITY✓E" UNIVERSITYAVE UNIVERSITYAVE UNIVERSITYAVEUNIVERSIT,Y,AVE UW 'UNIVERSITYAVE NIVERSITYAVE _ - . T LLJ r m 'n z m m 63 63 W Legend 63 � ro o'1 -n.,. ' C DOWNIN r . ¢� N • r"m m 63 A _ Q Proposed University Avenue Area TIF 0 300 600 Feet 1 e 427 6 IT SHADY LN Attachment A - University Avenue Area ST, Development Plan Area T.I.F. District - Zoom 4 A m p Z J B� 218 Q cn 4w, 0 ti7-1 z Y w V BISMARK AVE, Q w J N OBD ROCK•ISLANDAVE Z W ARV ROCK•ISLANDAVE Q o ygR�00aq!/ w o FALLS 4VFFq<G S F z W J = P, o Y U �E ~ Ca FANS YAVFF._.�: W w FALLS AVE FALLS AVE C/) AGGSgVF � NAR�MA ` RTMgNgV FgGGS I w W HARTMAN A VE J-11J p r FgGG U W W � _ SqV� W LU E i_ /ygRT,�q LL _ A• n F LUm t JANNEYAVE m G LlJ J J 1 W I JANNEYAVE � W w -I GZZiL U ;+� -r, z t W n W W _ Q z Z) z�, A m ' U Q UNIVERSITYAVE UNIVERSITYAVE UNIVERSITYAVE O - ;. UNIVERSITYAVE UNIVERSITYAVE JQ o p m r s7. DOWNING AVE DOWNING AVE Q m DOWNING AVE_ DOWNING AVE— G� rr T3 O LUNARLN �D Q •o ��,P ` ' • fes G � GARDEN AVE GARDEN AVE C) r�BLACK HAWK•RD Q�� W 0 W �. _ 'OECATHL0 HUNTINGTON RD O � Q Q z w ROBIN RD �s Legend 63 N ASAVE Proposed University Avenue Area TIF 0 300 600 Feet Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA, 50703 319-291-4366 Return to preparer after recording. UNIVERSITY AVENUE AREA URBAN RENEWAL AND REDEVELOPMENT PLAN (2021) Page 429 of 693 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Comprehensive Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, the need exists to stimulate economic development through the expansion of existing business and industry and the attraction of new business and industry. These activities will further diversify and increase the property tax base and will increase employment opportunities. The 2010 Plan also states that the redevelopment of the community should continue to be a major economic thrust for the City of Waterloo. The City desires to actively pursue the build-out and redevelopment of the University Avenue area through platting,providing new,upgraded and improved infrastructure, and utilizing public-private partnerships. The University Avenue Area Urban Renewal and Redevelopment Plan presents a proposal for initiatives in the University Avenue area and will also allow tax increment revenue to be used as incentives for the development of the area and implementation of the Plan. These incentives would be negotiated and approved on a project-by-project basis at future dates. To achieve the primary objectives of this plan, the City of Waterloo shall undertake the urban renewal actions as specified in this Plan,pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 430 of 693 TABLE OF CONTENTS I. UNIVERSITY AVENUE AREA URBAN RENEWAL AND REDEVELOPMENT PLAN A. DESCRIPTION OF PROJECT B. COMPREHENSIVE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. PROJECT FUNDING II. PROJECT BUDGET A. NARRATIVE B. CHAPTER 15A LOANS OR GRANTS C. TAX INCREMENT FINANCING D. PROPOSED TIMING SCHEDULE III. LEGAL DATA—ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PRELIMINARY PROJECT BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING& ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING 2 Page 431 of 693 I. UNIVERSITY AVENUE AREA URBAN RENEWAL AND REDEVELOPMENT PLAN A. Description of Project 1. Boundary Map (See Attachment"A") 2. Boundary Description (See Attachment`B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed University Avenue Area Urban Renewal and Redevelopment Plan area(Project Area) the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating,purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the University Avenue Area Tax Increment Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for 3 Page 432 of 693 the economic development and redevelopment of the area. (2) Encourage investment in existing residential, commercial, and industrial uses and in vacant land in the University Avenue area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and retail, destination retail, and other attractions and attract new retail, destination retail, other attractions, and industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, site redevelopment, environmental analysis and cleanup, removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the University Avenue area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, traffic control,parking, skywalks, street amenities, etc., which may be necessary as the area is developed. B. Comprehensive Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. C. Encourage investment in the area. 4 Page 433 of 693 d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan, including the Future Land Use Map, in that both strive to: a. Maintain the City's role as a regional center of retail, destination retail, as well as commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. C. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers,parking, traffic control, streetscape amenities, skywalks, etc. C. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. 5 Page 434 of 693 g. The City may use tax increment financing to achieve a more marketable and competitive land-offering price, to provide for necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. i. The City may provide tax rebates to developments as outlined in this Plan. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projected demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. C. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. d. To gain sites for higher and better land use for redevelopment through the acquisition and demolition of vacant buildings, underutilized buildings, incompatible land uses, and similar circumstances. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion 6 Page 435 of 693 of the property acquired by it for the purpose of redevelopment in accordance with the goals and objectives of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. University Avenue Area Goals/Projects Over time,project agreements will be developed to outline specific features of projects that meet the objectives of the Plan. Known and anticipated projects are listed in Attachment"D". The projects described in the following paragraphs of this subsection 3 are expected to increase the retail traffic in and around the University Avenue area from residents and visitors and to add to the property tax base of the community. The following is a summary of projects: a. Infill of the Project Area (goal) i. This project includes the development of land within the Project Area, including vacant parcels and underdeveloped and underutilized properties to be rehabilitated and/or redeveloped. b. Redevelopment of the University Avenue and Greenhill Drive intersection area(goal) i. This project includes the development of land at the intersection of University Avenue and Greenhill Road. While there is some excellent development presence here, there is also an irregular configuration and potential excess right of way that could be incorporated into additional development. C. Redevelopment of strip malls and larger big box type sites for rehabilitation or reconstruction of larger buildings and potential outlot creation. Such sites may include (but are not limited to)the former Kmart building at 3810 University Avenue, the former Hobby Lobby building at 3731 University Avenue, the former Hy- Vee Grocery Store building at 4000 University Avenue, the former 7 Page 436 of 693 JoAnn Fabrics building at 2829 Falls Avenue, and the Papa John's building and adjacent strip mall at 1622 University Avenue (goal). d. Continuing evaluation of all roads and traffic patterns throughout the Project Area(goal) i. This project includes the potential reconstruction, reconfiguration, and adding of lanes or right-in, right-out access points, median improvements, etc., for roads within the Project Area. This could include University Avenue, Midway Drive, Progress Avenue, South Hackett Road, Greenhill Road, Falls Avenue, Sager Avenue, Ansborough Avenue, Fletcher Avenue, frontage roads, and general locations along corridors for access improvements such as median cuts. As more development continues in the overall area, it is vital to continue to make accommodations to handle additional development access points and to address issues of safety, turning, and congestion due to increased traffic in the area. e. Potential flood plain mapping and planning for development, as well as drainage way improvements (project) i. This project includes the potential need for studying, reviewing, and making potential improvements involving any lands located in the flood plain throughout the Project Area. Any such improvements would work to improve the capacity and conveyance of flood waters through the area, while also working to maximize further site development for construction of roads, other necessary infrastructure, bridge improvements, and future project development. f. Acquisition of excess right-of-way or excess property from State of Iowa, private property owners, or other entities within the Project Area. (project) i. As construction, redevelopment, and potential reconfiguration of roads continue as development progresses throughout the area, it may be possible for land identified as excess right-of-way or excess property to become available for additional development. The City 8 Page 437 of 693 would work with private developers to review and analyze this land for potential acquisition and development. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds,potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Project Area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the Project Area. 2. If it is deemed necessary for the successful implementation of the Plan to acquire any properties, land acquisition procedures will follow the policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment"E") E. Procedures for Changes in the Plan 1. This Plan may be modified at any time provided (a) it is done in accordance with Iowa Code Chapter 403, (b) the proposed plan modification is reviewed by the Waterloo Planning, Programming and Zoning Commission (for boundary amendments) and(c) a public hearing is held by the Waterloo City Council. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development relocation staff. (Current policy attached as Attachment «F„) 9 Page 438 of 693 G. Project Funding 1. The current estimated uses of tax increment revenues for urban renewal project activities are summarized in Section II, Project Budgets, of this Plan, and further detailed in Attachment"D". The eventual level of City participation in both private and public improvements for the development of the Project Area cannot be fully determined at this time. However, to the extent that new increment revenues are generated and other appropriate funding sources are identified, the City may undertake other project-related activities in the future. 2. At the present time, it is anticipated that future City tax increment collections for all project-related activities within the Project Area will not exceed $11,100,000 in aggregate amount during the term of this Plan. As described herein, proceeds of such tax increment collections are currently expected to be used to pay debt service bonds, make economic development grants and property tax rebate payments to private developers, and reimburse the City for any other project-related costs incurred in connection with the development of the Project Area. 3. For updated information about unused bonding capacity for the City of Waterloo, see Attachment"C" attached hereto. II. PROJECT BUDGET A. Narrative The University Avenue Area Urban Renewal and Redevelopment Plan includes the area as described in Attachment"B". As each project is developed, the City Council may enter into a specific project agreement which, after public hearing, will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be determined at this time. The following projects will be developed,but specific project budgets cannot be determined because specific locations are not currently available. However, preliminary budgets for known projects are listed in Attachment"D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen 10 Page 439 of 693 amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten(10) years, or twenty(20) years for monumental projects. The developer may use these funds in two ways: (1)to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2)to pay the cost of improvements (street and/or parking improvements, etc.) associated with enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and must increase the annual tax by a minimum of$500.00. This program is not applicable to any Self-Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, sidewalks, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or to enter into loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued or entered into by the City. Tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 11 Page 440 of 693 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers,bridge improvements,parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same, such as through demolition- related activities, for sale to private developers or for public purposes or public improvements; 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, or other state, federal, or local grant and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA -ATTACHMENTS See Attachments A-K, listed in the Table of Contents above. 12 Page 441 of 693 CAST111 LE ST Rq�N 218 Z Attachment A - University Avenue Area ST � R LU BURY RD O p 218 OAKCRESTD� 1 �= R 20 Development Plan Area T.I.F. District y W U MAYFAIR ST a j— A/NBOw Q �-A� 218 E I �� W �- p J A/NBOwO X92 218 O0� J Z OAK PARK CIR HARROW RD co nR R� O LESY O �^� PLEA Q NT-VALLEY DR PLEH- C W OIND 218 S� °o ff r WEMBLEY RD EPPING PL ADDS C Q w R 218 �- GONG�R RIVER RD PA RK o _ - a R GH AVE m o ¢ O v JOY i- 218 ORO R n D �, �- m �' a 218 S� FIELD_ST Q W� W �' Z W p a R ~ _J_1 oP�� --- S'o 0 0 ACORN LN �P z = ,� O W R a 218 NL TM III I I LU p v � �� N 218 JAY�LN III III III I LL MAYNARD AVE i W—J=Q Q RW MAYNARD AVE O 0 m z w p w 0 Q Q�'Li218 R/V Ji m � = w O = OO S� R`U, ER RD z cn O w g m ro p J L O 218 O' p r=-- iY 2 �' _ O Q UPTON AVE ¢ Q Y �a cj� U J QO m p U/V/V 11 W 2 �SHA LN y z BAUCH ST o f Y' 218 L�/2 n ERS/Ty'A� U COACHMAN DR }, Q �� FST O w m w I = n STRATFORD AVE--Co w > Q > 218 OSS UN/VE m w0 Q p x Q ¢ o w Q_ U mac° p wA), RS/TyAVE 2 m p Q m w o It (D e 218 Q T�� r CqR :70 W Q cn r W Z Y � O', ��<i �� F< ZQ Y W v 218 F OR U�ViL p o m II II Z w Z ro D ROCK ISLAND AVE W 218 w �, � = Q w z M A/"T 9y°R MIDWAY DR U �� w Z k Q R�OOO w 218 ��<O FLOWER ST Q = Q z w F4< l qVF O = 9L� Z 218 ScFN/ TUNS rUNIS \� C7 <O�E q FALLS AVE-FALL SA�.4 FP��S NPVE CSgVE FA<<S Y BECKAVE� 218 C_DR:SCENICDR C� RST��egRq�F g TrT' z �� ¢ RN/'Lc oJi _ ��1 tigRrM Q j 218 q� GREENHILL RD HILL RD �O 9VE ¢ U�C9 9NgV Q-FALLS AVE JQ SAGER AVE SAGE RAVE�SAGERAVE=� O SFNF Z z a � � � � ��/Fn///AZO = 0 218 \ C) �Q SAGERAVE cq 9V J m m LJ O HP ��C��v 'ODI DR � c S40 E m p G'L�G ` �= - J`m JANNEYAVE JANNEYAVE JANNEYAVE >�J J� 218 LIJO FR91�F :�. Ica ro cgQs�m Q W W �P �90 218 p ¢ w AGER AVE T 0 PFJ ¢ ¢ Q ADAZR ARK DR Q Z p z ¢ w i-I Lu 9�F °o W p W J ¢ TUB'CEl W RQ �` UNIVERSITYAVE UNIVERSITYAVE d TT DR cc 0 W Y UCl) O p i- -w W UNIVERSITYAVE = 6�P'�UNIVERSITYAVE�UNIVERSITYAVE O ¢ W ¢ W Q p U �_WI- W —� C� O Z w Q ONAWA DR p 2 c=n Z 1 �p p 63 v~i (3 iii "'----- O p DOWNING AVE Q DOWNING AVE - -ASPEN CT DOWNING AVE DOWNING AVE EMM O Z pQ j 63 iY— DELIMIATRO RD O 00 Q_LUNAR\,V.�� 0= z FTI w RUSHST- >_ ST Z �Z= > O � m l .Tl� 63 FF P = m /NGERSOLL'RD �4Z 0- ' ~ GARDENAVEIENAVE GARDEN AVE"GARDJAVE Cn¢ BLACKHAWKRD�OW G U QMU W 63 O p �' 63 ;A DR PG�rP OZ: Y VALDEZ DR �,-THIE It �pEGATHLON�U HUNTINGTON.RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD ���0 m Legend A0 0.5 1 Miles o��P Q Proposed University Avenue Area TIF OSP F nTTFFM I I I I I TMTI-F Attachment B University Avenue Area Urban Renewal and Redevelopment Plan Legal Description Beginning at a point on the centerline of Midway Drive (also currently a point on the Westerly Corporate Limits of the City of Waterloo), and its intersection with the Westerly extension of the South line of Lot W-7 Cedarloo Park; thence East along said extension of the South line of said Lot W-7, and the South line of said Lot W-7 to the Southeast corner of said Lot W-7; thence East along the North line of Lot 6 of Centennial Addition and the North line of Lot 5 of Centennial Addition to an angle point on the North line of said Lot 5; thence N0017'1 VE 70.00 feet; thence S89°42'49"E 85.00 feet; thence N00°17'11"E 300.00 feet to the South line of Acorn Addition; thence Easterly along the South line of Acorn Addition to the Westerly right-of-way line of Progress Avenue; thence due East to the Easterly right-of-way line of Progress Avenue; thence Southerly along said Easterly right-of-way line of Progress Avenue to the North line of Lot W-115 of Cedarloo Park; thence East along the North line of said Lot W-115 to the East line of said Lot W-115; thence South along the East line of said Lot W-115 to the South line of Pine Meadows Addition; thence East along said South line of Pine Meadows Addition to the West line of Forrest Hill Subdivision; thence South along said West line of Forrest Hill Subdivision to a point on the North line of Lot 21 of Forest Hill Subdivision; thence Southeasterly along the Southerly line of Lot 17 of Forest Hill Subdivision to the present Westerly right-of-way line of South Hackett Road; thence North along said present Westerly right-of-way line to its intersection with the Westerly extension of the centerline of Maynard Avenue; thence Easterly along said Westerly extension and the centerline of Maynard Avenue to the West line of Lawless Addition; thence South along the West line of Lawless Addition to the Northwest corner of Paul's Replat; thence South along the West line of Paul's Replat to the North line of Tract A of Paul's Replat; thence East along said North line to the West line of H. Ray Hughes Addition; thence South along said West line to the Southerly most line of H. Ray Hughes Addition; thence East along said Southerly most line to the West line of Carriage Hill 2nd Addition; thence South along said West line to the Southerly line of Carriage Hill 2nd Addition; thence Southeasterly along the Southerly line of Carriage Hill 2nd Page 09cde 443 of 693 Addition and the Southerly line of Carriage Hill to the West line of Carriage Hill 3rd Addition; thence South along said West line to the North line of Minard's University Avenue Addition; thence East along said North line to the East line of Minard's University Avenue Addition; thence South along said East line to the Southeast corner of Lot 2 of Minard's University Avenue Addition; thence East 138.3 feet to the Westerly right-of-way line of Stephan Avenue; thence due East to the West line of Lot 46 of Hansen-Noble Addition; thence South along the West lines of Lot 46 and Lot 45 of Hansen-Noble Addition to a point on said West line of Lot 45 that is 51 feet North of the Southwest corner of said Lot 45; thence Southeasterly to a point on the South line of said Lot 45 that is 17 feet East of said Southwest corner; thence East along said South line to the Northwest corner of Lot 23 of Hansen-Noble Addition; thence South along the West line of said Lot 23 to the Southwest corner of said Lot 23; thence East along the South line of said Lot 23 to the Southeast corner of said Lot 23; thence East to the Southwest corner of Lot 2 of Hansen- Noble Addition; thence South along the West line of Lot 1 of Hansen-Noble Addition 5.2 feet; thence East along a line that is 5.2 feet normally distant from the North line of said Lot 1 to the West line of Lot 16 of Block 4 of Kreb's Addition; thence North along the West line of said Lot 16 to the Northwest corner of said Lot 16; thence Easterly along the Northerly line of said Lot 16 to the Northeast corner of said Lot 16; thence North along the East lines of Lot 15 and Lot 14 of Block 4 of Kreb's Addition to the Northeast corner of said Lot 14; thence Easterly to the Northwest corner of Lot 14 of Block 5 of Kreb's Addition; thence East along the North line of said Lot 14 to the Northeast corner of said Lot 14; thence South along the East line of said Lot 14 to the Southeast corner of said Lot 14; thence East along the south line of Lot 33 of Block 5 of Kreb's Addition to the Southeast corner of said Lot 33; thence Easterly to the Southwest corner of Lot 10 of Block 6 of Kreb's Addition; thence East along the south line of said Lot 10 to the Southeast corner of said Lot 10; thence Northerly along the East line of Kreb's Addition to the Northeast corner of Lot 1 of Block 6 of Kreb's Addition; thence East along the South line of the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 21, T89NR13W to the East line of the West 660 feet of said SW '/4 of the NW '/of the SE '/4; thence North along said East line to the South line of the North 30 acres of the Northeast 1/4 of the Southeast 1/4 of Section 21, T89NR13W; thence East Page de 444 of 693 along said South line to its intersection with the Southerly extension of the East right-of-way of Aladdin Street as platted in Nelson Addition; thence North along said Southerly extension and East right-of-way of Aladdin Street as platted in Nelson Addition to the Northwest corner of Lot 6 of Block 1 of Nelson Addition; thence West to the Northeast corner of Lot 1 of Block 2 of Nelson Addition; thence Northerly to the Southeast corner of Lot 18 of Block 4 of Aladdin Addition, said point also being on the Westerly right-of-way of Aladdin Street; thence Northerly along said Westerly right-of-way of Aladdin Street and a Northerly extension of said Westerly right-of-way of Aladdin Street to the Northerly right-of-way of Upton Avenue; thence East along said Northerly right-of-way of Upton Avenue to the East line of Clyde Miller Heights; thence North along said East line of Clyde Miller Heights and the East line of Zelmar 1st Addition to the centerline of Rainbow Drive as presently established; thence Northwesterly along said centerline of Rainbow Drive to its intersection with a Northeasterly extension of the Southeasterly line of Lot 41 of Zelmar First Addition; thence Southwesterly along said Northeasterly extension to the Easterly most corner of said Lot 41; thence Northwesterly along the Northeasterly lines of Lot 41 and 42 of Zelmar First Addition and the Northeasterly lines of Lots 1 thru 7 of Clyde Miller Heights Second Subdivision to the Northerly most corner of said Lot 7; thence Southerly and Southwesterly along the Westerly and Northwesterly lines of said Lot 7 to the Southwesterly corner of said Lot 7; thence Southwesterly along an extension of the Northwesterly line of said Lot 7 to the centerline of Joy Drive; thence Northwesterly along said centerline of Joy Drive to its intersection with a Southerly extension of the East line of Lot 7 of Block 1 of Clyde Miller Heights; thence Northerly along said Southerly extension of the East line and the East line of said Lot 7 to the Northeast corner of said Lot 7; thence Northeasterly along the Southeasterly line of Lot 3 of Block 1 of Clyde Miller Heights to the Northeasterly line of the Southwesterly 89.2 feet of said Lot 3; thence Northwesterly along said Northeasterly line to the Northwesterly line of said Lot 3; thence Northeasterly along the Northwesterly line of said Lot 3 to the Northeasterly corner of Lot 2 of Block 1 of Clyde Miller Heights; thence Northwesterly along the Northeasterly line of said Lot 2 to the Northwest corner of said Lot 2; thence North along the West line of Lot 1 of Block 1 of Clyde Miller Heights to the Northwest corner of said Lot 1; thence North along an extension of said West Page cde 445 of 693 line to the centerline of Rainbow Drive; thence Northwesterly along the centerline of Rainbow Drive to its intersection with a Southerly extension of the West line of Lot 9 of Auditor's Whitney Road Plat; thence North along said Southerly extension and the West line of said Lot 9 to the Northwest corner of said Lot 9; thence Northwesterly along the Northerly lines of Lot 10 and Lot 11 of Auditor's Whitney Road Plat to the Northwest corner of said Lot 11; thence North to the Southwest corner of Lot 12 of Auditor's Whitney Road Plat; thence North along the West line of said Lot 12 to the Northwest corner of said Lot 12; thence East and Southeasterly along the Northerly lines of said Lot 12 to the Northwest corner of Lot 4 of Sherwood Park; thence Southeasterly along the Northerly lines of Lots 4, 3, 2 and 1 of Sherwood Park to the Northeast corner of said Lot 1; thence North to the Southeast corner of Lot 5 of Sherwood Park; thence Easterly to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly along the Southwesterly lines of Lots 25 thru 45 of California Subdivision to the Southeast corner of said Lot 45; thence Southeasterly to the most Westerly corner of Massey Pullman Diner Plat; thence Southeasterly along the Southwesterly line of Massey Pullman Diner Plat to the Southeasterly corner of said Plat; thence Southeasterly to the Southwest corner of Lot 1 of Congress Addition; thence Southeasterly along the Southwesterly lines of Lots 1 and 2 of Congress Addition to the most Southerly corner of Lot 2 of Congress Addition; thence South on an extension of the most Easterly line of said Lot 2 to the intersection with the centerline of the Railroad (formerly known as the WCF&N Railroad); thence Westerly following said Railroad centerline to its intersection with a Northerly extension of the West line of the East 10 feet of Lot B of Hummel Addition; thence Southerly along a Northerly extension of the West line of the East 10 feet of said Lot B, and the West line of the East 10 feet of said Lot B to its intersection with a Westerly extension of the South line of Lot 8 of Harry Hummel's Subdivision of Lot C of Hummel Addition; thence East along said Westerly extension to the Southwest corner of said Lot 8; thence South along the West line of Harry Hummel's Subdivision of Lot C of Hummel Addition and a Southerly extension of said West line to the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the centerline of the platted alley between Lot 1 and Lot 71 of Galloway First Addition; thence South on the centerline of said alley(crossing Stratford Avenue and Bismark Avenue)to Page'Pgcde 446 of 693 the centerline of Harwood Avenue; thence Northeasterly and Southeasterly along the centerline of Harwood Avenue to the centerline of the platted alley between Lot 170 and Lot 171 of Galloway First Addition; thence North along the centerline of said alley to the centerline of Bismark Avenue; thence East along the centerline of Bismark Avenue to the centerline of Magnolia Parkway; thence South and Southwesterly along the centerline of Magnolia Parkway to the centerline of the platted alley between Lot 349 and Lot 408 of Galloway Addition; thence Southeasterly along the centerline of said alley(crossing Wallgate Avenue, Englewood Avenue and Knoll Avenue)to its intersection with a Southwesterly extension of the Northwesterly line of Lot 375 of Galloway Addition; thence Northeasterly along said Southwesterly extension, said Northwesterly line, and a Northeasterly extension of said Northwesterly line to the centerline of Harwood Avenue; thence Northwesterly along the centerline of Harwood Avenue to the centerline of the platted alley between Lot 315 and Lot 316 of Galloway Addition; thence North along the centerline of said alley(crossing Rock Island Avenue) to the centerline of Bismark Avenue; thence East along the centerline of Bismark Avenue and an Easterly extension of the centerline of Bismark Avenue to the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 as presently established to the Northwesterly right-of-way line of the former Chicago Great Western Railroad; thence Southwesterly along said Northwesterly right-of-way line to the centerline of University Avenue as presently established; thence Westerly along the centerline of University Avenue as presently established to the centerline of the alley as platted in Block 34 of Hagerman Place; thence Southwesterly along the centerline of said alley to the centerline of Howrey Avenue; thence Northwesterly along the centerline of Howrey Avenue to the centerline of Joder Avenue; thence Southwesterly along the centerline of Joder Avenue to the centerline of Knoll Avenue; thence North along the centerline of Knoll Avenue to its intersection with an Easterly extension of the South line of Lot 19 of Block 30 of Hagerman Place; thence Westerly along said Easterly extension, said South line, and a Westerly extension of said South line to the centerline of the alley in said Block 30; thence North along the centerline of said alley(crossing University Avenue) to its intersection with the Westerly extension of the North line of Lot 12 of Block 19 of Hagerman Page�*gcde 447 of 693 Place; thence Easterly along said Westerly extension and the North line of said Lot 12 to the Northeast corner of said Lot 12; thence East to the Northwest corner of Lot 11 of Block 18 of Hagerman Place; thence East along the North line of said Lot 11 to the Northeast corner of said Lot 11; thence East to the Northwest corner of Lot 12 of Block 18 of Hagerman Place; thence East along the North line of said Lot 12 to the Northeast corner of said Lot 12, said point also being on the Westerly right-of-way line of Howrey Avenue; thence North along said Westerly right-of-way line of Howrey Avenue and an extension thereof to the centerline of Janney Avenue; thence Easterly along the centerline of Janney Avenue to the Easterly right-of-way of Fletcher Avenue (originally Cleveland Street); thence Southerly along said Easterly right-of-way to the centerline of Joder Avenue; thence Northeasterly along the centerline of Joder Avenue to the centerline of Janney Avenue; thence Northeasterly along the centerline of Janney Avenue to the centerline of Falls Avenue; thence West along the centerline of Falls Avenue to its intersection with a Northerly extension of the East line of Lot 4 of Block 1 of Hagerman Place; thence South along said Northerly extension, the East line of said Lot 4, and a Southerly extension of the East line of said Lot 4 to the centerline of the platted alley in said Block 1; thence West along the centerline of said alley to the centerline of Fletcher Avenue as presently established; thence North along the centerline of Fletcher Avenue as presently established to the centerline of the platted alley in Block 2 of Hagerman Place; thence Northwesterly along the centerline of the platted alley in Block 2, Block 3, Block 4 and Block 5 of Hagerman Place (crossing Knoll Avenue, Englewood Avenue and Wallgate Avenue)to the centerline of Magnolia Parkway; thence Westerly to a point on the Southeasterly line of Lot 14 of Block 6 of Hagerman Place that is 103.61 feet Northeasterly of the Southerly most corner of said Lot 14; thence Northwesterly to a point on the Northwesterly line of Lot 12 of said Block 6 that is 102.32 feet Northeasterly of the Westerly most corner of said Lot 12; thence Northeasterly along the Northwesterly line of said Lot 12 and a Northeasterly extension of the Northwesterly line of said Lot 12 to the centerline of the alley as platted in said Block 6; thence Northwesterly along the centerline of said alley to the centerline of Evergreen Avenue; thence Northwesterly and Southwesterly along the centerline of the platted alley in Block 7 of Hagerman Place to the centerline of Dundee Avenue; thence Page 1:4cde 448 of 693 Southwesterly along the centerline of the platted alley of Block 8 of Hagerman Place to the Easterly right-of-way line of Ansborough Avenue as presently established; thence South along said Easterly right-of-way line to the centerline of Janney Avenue; thence East along the centerline of Janney Avenue to the centerline of the alley as platted in Block 24 of Hagerman Place; thence South along the centerline of said alley to the Easterly extension of the North line of Lot 8 of Block 24 of Hagerman Place; thence West along said Easterly extension to the Northeast corner of said Lot 8; thence South along the East line of said Lot 8 20 feet; thence East on a line parallel with the North line of Lot 15 of said Block 24 to the West line of said Lot 15; thence South along the West line of said Lot 15 to the Southwest corner of said Lot 15; thence East along the South line of said Lot 15 and an Easterly extension of the South line of said Lot 15 to the Easterly right-of-way line of Dundee Avenue; thence South along said Easterly right-of-way line to the Northwest corner of Lot 11 of Block 23 of Hagerman Place; thence Easterly along the North line of said Lot 11 to the Northeast corner of said Lot 11; thence South along the East line of said Lot 11 to the Southeast corner of said Lot 11; thence South to the Northeast corner of Lot 1 of Block 26 of Hagerman Place; thence South along the East lines of Lot 1, Lot 2, Lot 3, and Lot 4 of said Block 26 to the Southeast corner of said Lot 4; thence West along the South line of said Lot 4 to the Southwest corner of said Lot 4; thence South along the West lines of Lot 5 and Lot 6 of said Block 26 to the Southwest corner of said Lot 6; thence West to the Northeast corner of Lot 16 of Block 25 of Hagerman place; thence South along the East line of said Lot 16 to the South line of the North 10 feet of said Lot 16; thence West along said South line and a Westerly extension of said South line to its intersection with the East line of Lot 7 of said Block 25; thence South along the East lines of Lot 7, Lot 8, Lot 9, Lot 10, and Lot 11 of said Block 25 to the Southeast corner of said Lot 11; thence East to the Southwest corner of Lot 12 of said Block 25; thence East along the South line of said Lot 12 to its intersection with a Northerly extension of a line that is 66 feet East and parallel with the West line of Lot 7 of Auditor's Plat of Part of Meadowdale; thence South along said Northerly extension and a line that is 66 feet East and parallel with the West line of said Lot 7 to the South line of said Lot 7; thence West along said South line to the Southwest corner of said Lot 7; thence South along the East line of Lot 9 of said Auditor's Plat of Part of Page 109cde 449 of 693 Meadowdale and a Southerly extension of said East line to the centerline of Black Hawk Road; thence Easterly along the centerline of Black Hawk Road to the East line of the Southwest 1/4 of the Northwest'/4 of Section 27, T89NR13W; thence South along said East line to the North line of the Northwest'/4 of the Southwest '/4 of said Section 27; thence South along the East line of said Northwest '/4 of the Southwest'/4 to the South line of the North 23 1/2 Rods of the Northwest'/4 of the Southwest 1/4 of said Section 27; thence West along said South line to the West line of said Section 27; thence North along said West line to the Northeast corner of Lot 104 of Huntington Park; thence West along the North lines of Lot 104, Lot 105, Lot 106, and Lot 1 of Huntington Park to the Southwest corner of Lot 3 of Decathlon Place; thence North along the West line of said Lot 3 to the Northwest corner of said Lot 3; thence East along the North line of said Lot 3 to the Westerly most corner of Lot 2 of Decathlon Place; thence Northeasterly along the Northwest line of said Lot 2 and the Northwest line of Lot 5 of Decathlon Place to the West line of Lot 6 of Decathlon Place; thence North along said West line and an extension of said West line to the Northerly right-of-way line of Garden Avenue; thence Easterly along said Northerly right-of-way line to the West line of the East 50 feet of Lot 1 of Meadowdale Second Filing; thence North along said West line to the North line of said Lot 1; thence East along said North line to the Westerly right-of-way line of Ansborough Avenue; thence North along said Westerly right-of-way line to the Southeast corner of Lot 16 of Block 32 of Downing Place; thence West along the South line of said Lot 16 and a Westerly extension of said South line to the East line of Lot 8 of Kearns Addition; thence North along said East line of Lot 8 and the East line of Lot 9 of Kearns Addition to the Northeast corner of said Lot 9, said point being on the Southerly right-of-way line of Headford Avenue as platted (now known as University Avenue Frontage Road); thence Westerly along said Southerly right-of-way line to the Westerly right-of-way line of Sylvia Avenue; thence Southerly along said Westerly right-of-way line to the Southerly most corner of Lot 39 of Kearns Addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said Lot 39; thence Northerly along the Westerly most line of said Lot 39 to the Northeasterly most corner of Lot 55 of Kearns Addition; thence Northwesterly along the Northeasterly lines of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 of Kearns Addition to the Northerly most corner of said Lot Page cde 450 of 693 47; thence Northwesterly to the Easterly most corner of Lot 86 of Kearns Addition; thence Northwesterly along the Northeasterly line of said Lot 86 and the Northeasterly line of Lots 85 and 84 of Kearns Addition to the West line of Kearns Addition; thence North along the West line of Kearns Addition to the North line of Lockard Addition; thence West along said North line to the East line of Blakeswood Place Condominiums recorded as Document 2005-11329; thence North along said East line to the North line of Blakeswood Place Condominiums; thence West along said North line to the East line of Alabar Hills; thence North along said East line to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the West line of Alabar Hills Second Addition; thence South along said West line, and a Southerly extension of said West line to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of South Hackett Road as presently established; thence due North to the South line of Section 21 of T89NRl3W; thence West along said South line to the Southeast corner of Section 20 of T89NR13W; thence West along the South line of said Section 20 to the Southeast corner of Cedar Loo Park; thence North along the East line of Cedar Loo Park to the centerline of Richland Drive; thence West along the centerline of Richland Drive to the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive and a Westerly extension of said centerline to a point on the Westerly Corporate Limits of the City of Waterloo; thence North along the Westerly Corporate Limits of the City of Waterloo to the Point of Beginning. Page Ncde 451 of 693 Attachment C City of Waterloo, Iowa Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross Bonding Capacity $ 83,241,358 56.68% of legal limit Page 452 of 693 Attachment D Preliminary Project Budget Acquisition of vacant buildings,underutilized buildings, and sites for redevelopment EXPENSES Acquisition $5,000,000 Engineering Fees,Platting $200,000 Demolition activities $2,500,000 TOTAL $7,700,000 FUNDING Cit (Local Option,G.O.Bonds,TIF) $6,500,000 Private $1,200,000 TOTAL $7,700,000 Road EXPENSES Acquisition $300,000 Construction $2,500,000 Engineering Fees $,300,000 Construction Administration $300,000 TOTAL $3,400,000 FUNDING City(Local Option,G.O.Bonds,TIF) $2,000,000 Federal(MPO), State(RISE),and similar sources $1,400,000 TOTAL $3,400,000 Sale and Conveyance,platting,infrastructure to lots EXPENSES Appraisal,survey,platting $400,000 Infrastructure extension $1,200,000 Engineering,construction administration $400,000 TOTAL $2,000,000 FUNDING City(Local Option,G.O.Bonds,TIF) $2,000,000 TOTAL $2,000,000 Page 453 of 693 Potential flood plain mapping EXPENSES Engineering fees $400,000 TOTAL $400,000 FUNDING Cit Local Option,G.O.Bonds,TIF $400,000 TOTAL $400,000 Acquisition of right-of-way from State of Iowa EXPENSES Ac uisition $200,000 TOTAL $200,000 FUNDING Cit Local Option,G.O.Bonds,TIF $200,000 TOTAL $200,000 TOTAL EXPENSES Acquisition of vacant buildings,underutilized buildings,and sites for redevelopment $7,700,000 Road Improvements $3,400,000 Sale and Conveyance,platting,infrastructure to lots $2,000,000 Potential flood plain mapping $400,000 Acquisition of right-of-way from State of Iowa $200,000 TOTAL $13,700,000 Cost type breakdown: Public Improvements $6,200,000 Architectural,Engineering, Study,and Construction Administration $2,000,000 Acquisitions $5,500,000 Tax Rebates to be determined later TOTAL $13,700,000 Page 454 of 693 TOTAL FUNDING City(Local Option,G.O.Bonds,TIF) $11,100,000 Private $1,200,000 Federal(MPO), State(RISE),and similar sources $1,400,000 TOTAL $13,700,000 Page 455 of 693 Attachment E CITY OF WATERLOO,IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. The City will determine if a compensation estimate can be utilized in lieu of preparing a formal appraisal. If not, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo,plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's/compensation estimate report will be reviewed by qualified staff for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety(90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty(30) days prior to the required vacation date. The thirty(30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 456 of 693 Attachment F CITY OF WATERLOO,IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving(based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program,persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 457 of 693 Attachment G CITY OF WATERLOO,IOWA PLANNING, PROGRAMING AND ZONING COMMISSION RESOLUTION Page 458 of 693 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 459 of 693 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING PLAN Page 460 of 693 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING PLAN Page 461 of 693 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING Page 462 of 693 CITY OF WATERLOO Council Communication FYE 2022 Budget Maximum Property Tax Levy. City Council Meeting: 3/1/2021 Prepared:2/16/2021 ATTACHMENTS: Description Type ❑ Maximum Levy Budget Hearing Council Comm Backup Material ❑ Max Levy Hearing Budget Publication FYE22 Backup Material ❑ Financial Report FYE2020 Backup Material ❑ Public Comments Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the Maximum Property Tax Askings as defined under SUBJECT: Iowa Code Section 384.15A in the amount of$38,259,216, an increase in total collections of$2,912,595, or 8.24%, for the budget year ending June 30. 2022. Resolution setting date of public hearing as March 25, 2021 to approve the FYE 2022 budget, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer This is the hearing that is required under Iowa Code Section 384.15A to notify the public of the maximum amount of property tax dollars for certain levies that the City is considering requesting for the budget year ending June 30, 2022. This level of collections of$38,259,216 exceeds the prior year Summary Statement: collections by$2,912,595, or 8.24%. A resolution approving the maximum property tax dollars must be approved prior to holding a second hearing approving the full budget. Because the total collections would increase by more than 2%, this requires a supermajority 2/3 vote of the council(5 positive votes). This hearing was a new requirement beginning last year. We are now required to hold two hearings before adoption of the final budget. A resolution adopting the maximum property tax levy for certain levies for the year ending June 30, 2022 is required. The maximum amounts that can be Policy Issue: levied for the levies covered by Codes Section 384.15A can be reduced after this approval, but cannot be increased. This amount must be approved prior to setting the hearing date for the final budget that will approve the total property tax levy and the full budget. Final budget adoption is required by March 31, 2021. According to the State Department of Management, if the budget isn't certified by March 31, 2021, the state would set the city's property taxes at Alternative: the same amount of property tax dollars as were certified for the current year. Page 463 of 693 There would also likely be an audit finding regardimg noncompliance with state law regarding budget deadlines. Page 464 of 693 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: March 1, 2021 HART Prepared: February 16, 2021 COUNCIL SUBJECT: Public Hearing for the Maximum Levy Hearing MEMBERS FYE2022 Budget ................... Submitted by: Michelle Weidner, CFO MARGARET KLEIN Wards Recommended City Council Action: Approve a resolution approving the Maximum Property Tax Askings as defined under Iowa Code section 384.15A in JONATHAN the amount of $38,259,216, an increase in collections of $2,912,595, or 8.24%, for GREIDER the budget year ending June 30, 2022. Ward 2 PATRICK Summary Statement: This hearing is required under Iowa Code Section MORRWard sEY 384.15A to notify the public of the maximum amount of property tax dollars the Ward 3 Y p p p Y City is considering requesting for certain levies for the budget year ending June JEROME 30, 2022. This level of collections of $38,259,216 exceeds the prior year AMOS,JR. collections by $2,912,595 or 8.24%. A resolution approving the maximum property Ward tax dollars must be approved prior to holding a second hearing approving the full budget. Because the total collections would increase by more than 2%, this RAY FEUSS requires a supermajority 2/3 vote of the council (5 positive votes). Ward S SHARON Policy Issue: This hearing was a new requirement beginning last JUON year. We are now required to hold two hearings before adoption of the final At-Large budget. The maximum amounts that can be levied for the levies covered by Code Section 384.15A can be reduced after approval at this hearing, but cannot be DAVE increased. The amount must be approved prior to setting the hearing date for the BOESEN final budget that will approve the total property tax levy and the full budget, A:-Targe including maximum expenses by program. Approving the publication of the maximum levy budget estimate establishes the maximum tax levy rate for the fiscal year ending June 30, 2022. The levy rate and expenditures by program can be reduced from the published maximum levy budget estimate, but cannot be increased. The maximum levy budget must be adopted by council a minimum of ten days prior to final budget hearing and budget adoption. Final budget adoption is required by March 31, 2021. Alternative: According to the State Department of Management, if the budget isn't certified by March 31, 2021, the state would set the city's property taxes at the same amount of property tax dollars as were certified for the current year. There would also likely be an audit finding regarding noncompliance with state law regarding budget deadlines. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 465 of 693 NOTICE OF PUBLIC HEARING-CITY OF WATERLOO-PROPOSED PROPERTY TAR LEVY Fiscal Year July 1,2021-Juue 30,2022 The City Council kill conduct a public hearing on the proposed Fiscal Year City property tae levy as follows: Meeting Date: 3/1/2021 Meeting Time: 05:30 PM Meeting Location: In tespome to COVID-19,The City is holding electronic meetings via Zoom as permitted by the Governor's Disaster Euxrgenay Proclanwtions.Vnit _cih ofvatedooiowa—cuingister for info motion on how to participate or call the City 319-2914323 At the public hearing any resident or taxpayer may present objections to,or arguments in favor of IN proposed tae levy.Mer adoption of the proposed tax levy,the City Council will publish notice and hold a hearing on the proposed city budget. City Website(It available) City TeleF n 1 one Nmnbcr wvvvv.cityofwaterlooconn (319)291-{323 Current Sear Certified Property Tax 2020-2021 Budget Year Elfeetire Properly Tax 2021-2022 Budget Year Proposed Maximum Property Tax 2021-2022 elnnual Regular Taxable Valuation 2,333,982,545 2,344,836,606 2,344,836,606 CHG Tax Levies: Regular Geceml 18,905.259 18,905,259 =1',"63 - Contract for Use of Bride 0 0 r&Maim Pubficl Owned Transit 1462.588 1,462,588 Ren[,Inc.MainL Of Non-Owned Civ.Cir 0 0 r&Maim of City-Owned Civic Center 0 0 Planning Sanitary Disposal Project 0 0Liability,Proe &Self-Iron once Costs1,431.858 1431,858 Support of Local Emec A4gmt.Commission 96.012 Eme w 96,012 96.187 630.175 630,1751 633.105 Police FI &Fire Retivenient 4,643,388 .643,388 4,975,783 CA&IPERS 2,141,677 2,141,677 2,198,844 Other Employee Benefits - 6,035.668 6,035,668 8,224.730 1btal Tax Lee, 35,346.625 35,346,625 38,259.216 8.24 Tax Rate 15.14434 15.07424 16.31637 Explanation of sign cant increases in the budget: The Primary reasorss for the increase in property lax asidngs is for personnel costs,including finding health costs and increases in fire and police pension costs. If applicable,the above notice also available online at: —Cifyofivaterlooiowa.com/FY2022biidget 'Total city,tax rate will also include voted gcnmml fund levy,debt service levy.and capital improvement reserve levy. Budget year effective property tax rate is the rate that would be assessed for these levies if the " dollars requested is not changed in the conning budget year Page 466 of 693 11130!2020 Local Govemment Property Valuation System STATE OF IOWA 2020 FINANCIAL REPORT 16200701000000 CITY OF WATERLOO FISCAL YEAR ENDED 715 Mulberry Street JUNE 30,2020 WATERLOO lA 50703-5783 POPULATION:68406 CITY OF WATERLOO,IOWA DUE:December I,2020 NOTE-The information supplied in this report will be shared by the Iowa State Auditor's Office,the U.S.Census Bureau,various public interest groups,and State and federal agencies. ALL FUNDS Governmental (a) Proprietary (b) Total Actual (c) Budget (d) Revenues and Other Financing Sources Taxes Levied on Property 40,122,621 40,122,621 40,639,192 Less:Uncollected Property Taxes-Levy Year 0 0 Net Current Property Taxes 40,122,621 40,122,621 40,639,192 Delinquent Property Taxes 34,427 34,427 TIF Revenues 8,172,491 8,172,491 8,725,719 Other City Taxes 18,240,701 0 18,240,701 18,039,576 Licenses and Permits 1,454,537 15,188 1,469,725 1,429,150 Use of Money and Property 2,820,732 205,503 3,026,235 1,638,078 Intergovernmental 23,984,200 273,624 24,257,824 29,778,656 Charges for Fees and Service 9,218,547 20,051,019 29,269,566 29,151,967 Special Assessments 201,413 0 20I,413 210,000 Miscellaneous 9,360,828 949,791 10,310,619 11,593,293 Other Financing Sources 18,176,386 4,168,316 22,344,702 27,364,000 Transfers In 22,038,235 0 22,038,235 22,672,857 Total Revenues and Other Sources 153,825,I18 25,663,441 179,488,559 19I,242,488 Expenditures and Other Financing Uses Public Safety 33,872,289 33,872,289 34,743,290 Public Works 34,507,335 34,507,335 36,523,263 Health and Social Services 273,898 273,898 313,860 Culture and Recreation 9,908,097 9,908,097 11,777,786 Community and Economic Development 13,419,746 13,419,746 15,279,632 General Government 9,638,330 9,638,330 11,804,601 Debt Service 22,322,739 22,322,739 23,456,607 Capital Projects 18,492,229 18,492,229 29,113,082 Total Governmental Activities Expenditures 142,434,663 0 142,434,663 163,012,121 BUSINESS TYPE ACTIVITIES 22,630,807 22,630,807 31,675,259 Total All Expenditures 142,434,663 22,630,807 165,065,470 194,687,380 Other Financing Uses 0 0 0 Transfers Out 15,549,666 6,488,569 22,038,235 22,672,857 Total All Expenditures/and Other Financing Uses 157,984,329 29,119,376 187,103,705 217,360,237 Excess Revenues and Other Sources Over(Under) Expenditures/and Other Financing Uses -4,159,211 -3,455,935 -7,615,146 -26,117,749 Beginning Fund Balance July 1,2019 1 97,090,5151 19,817,9141 116,908,429 102,286,500 Ending Fund Balance June 30,2020 1 92,931,3041 16,361,979L 109,293,283 76,168,751 NOTE-These balances do not include the following,which were not budgeted and are not available for city operations: Non-budgeted Internal Service Funds —:Tension Trust Funds Private Purpose Trust Funds JA[ gency Funds 17,304 Indebtedness at June 30,2020 Amount Indebtedness at June 30,2020 Amount General Obligation Debt 100,345,000 Other Long-Term Debt 0 Revenue Debt 2,030,495 Short-Term Debt 0 TIF Revenue Debt 5,862,641 General Obligation Debt Limit 198,578,109 CERTIFICATION The forgoing report is correct to the best of my knowledge and belief Publication Si attire of Pr arer /��V--:2DPrinted name of Preparer Phonewum er Michelle Weidner,Chief Financial Officer (319)291-4323 i &I fy CtO<K ate Signed Si attire of Ma or or her City official arae and Title W.&—�_120 PLEASE PUBLISH THIS PAGE ONLY Page 467 of 693 .,......n...... ..,...i......:.......... iron *** Proof of Publication Courier Communications 100 East 4th Street, Waterloo, Iowa 50703 Black Hawk County I do solemnly swear that the annexed copy of notice was published in the WATERLOO/CEDAR FALLS COURIER, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said I a—, wele.....enm notice- - ---- STATE OF IOWA 2030 1520010,099000 FINANCIAL REPORT CI]Y OF WATERLOO FISCAL YEAR ENDED 115..6._61.eet �_° Waterloo, City of- Legals JUNE aO wATERLuop50,a 8.5Ta9 CITY M WATERL01%OWA 1-1110v.nvI9 OU E.Oarambn 1,3620 NOTE-ThF"l—mlan 9uP18ied In 1hs!epos w10heshored by Ore lawn Slule AudAd�.Cn:ut.the IS,re'u ALFUNDS hur.a,1- 715 MULBERRY ST. aP�ielntee[ ,[.a�5a,enndreeeral°gL ___._- ve _..__ ALI aevdnmdntal Pmplelary roml Acwal I. .a� W l lal dl' WATERLOO IA 50703 PebaenandOOu.Fnael"yS ..... (eIeg� Tama Lo-sedan haPerlY JO123 o3] [1,133 G1 le! I Ln[[:IAncelkctpd Property Tvea-Lorry Year U II Net GPrrent hppeNy Taaee 30,9>�e)I JO.r>712, -11M1i9.lo3 ON'mpuenl PrppenyTaads yy3] y-,2, ORDER NUMBER 190976 TIP Rxe°°` 5.1 a.— T " 4" Olhd C"Taxes 19,T•0,]Ol d +BhG:01 10 C51.11C j Licenves and Permits 1.=5!•531 +S,IRP --119n jY -_ _21,150 Use Qtly,ane PmP_' 2,8]0.73) ?gS.S-07 7.7:6,?35 1.65!.0:9 n A lieeryevrrnlnenlal 379.c :us7 L ` GharOes lbr Fan and Snvi[e 39.31L.SdT 2a-051-alp .3]ti95Y.e 2�'ili;,) � SpvnaEAYsessmwed 3°t�tJ t 301<11 '�IRnee M1ace0aneuay ^_.360.829 i49.29- 10.IIC 614 I151M1.383 01hd Flnandelg$parte[ 19.116,9% 16fl,i1M1 22:NJ'.tlY r-'.'lll�e Tran[1d[In 22019.245 0 :2,f19a?75 --12- ^.9i] Signed 7atal Reaen"e.and Other S—, 3.6TS,118 7i.E95.Ji' 9,198555 ]?R9 E--diW—aW 00.1 Fina 1p Wes Fabic SM.ty ]3,51'.,799 -•ii,9�7?63 V 1.3.:60 - Subs crib and sworn to before me this day of , 20 C Pubie Wmb 3Y50T.135 — 3a A3.IL' —Siiy >wi Naazth aM Swc,N servieea 213.978 )]?859 46"61 0 CW-.y Rareeypn 3919.091 ___ ]:+r800] —!!,Itis; Gdnmanityane£mnomc pevalapinvre 17.J19,7Yfi !;1,919 T:h 1;Y'3e.13 / General Gevdnmenl 9.0AtID Y.1MA.,190 ty, Uebl Serywn 12:18.]99 37,732]99 3•:i+nt CapilN PrgeciF 9 29?-329 IJ-d 71.229 Notar Ublrc Tolal Oo anmenl9l AcU -EeR4n~N J2,1N E. — 2.e.11 flea G.112.11 BUSINESS TYPE ACTWTS ]2E8E9O] ']291OP07 91°]5 pig TPNO AO E—diture9 1x31..3 12[10.901 --81,795.90 udi-11x0 Oma fYlendng uses ° c ° Received of ha Fld90u1 }-9,96fi 65.69 :).19775 i :1A5+ 7elei Alf EapendilureaaM Clber Fi...mg U", 5].49x,379 )e;l i97:v �P%;102TG �:}5023% Eece[a Revenlrae and olher Spaacen 07(U-1 Expmde9mWV W ,Fbwleing U- -6,59.311 A.=SS 4:11 the sum of Dollars in full Ueeinn"g rand Rahnce Joy 1,2019 5z°°651s .91.9n nd39<]1 uu955cc for publication of the above invoice. E°d"' Id 2'1" "` NOTE-These beanees de nel nldhMelhei°5awny.wlach wde utlyeleh and ara nM ars.labl<1ar::itl=gxnn.:�' TIL Funds ]7W Nen-badge1,db TalSaplce FLN61 Penvan[r Agmcp F,n A+E Fri.ns p %d a Plapbde , Notary Seal. nQebtedneafatJme 20M AmpyRl ndeprjbt g AT°nt Grndal Obigah"n Debt 19[,9=5,n91 pinnrlC}1AtJODI E MCKINSTRYRe rnaeomt oaoss5 non-TCOMM SSION N0e78242 F R.rn ere o.blx..61liener �e SlS.I JSSection: Legals R= " Mir rrnrPe: CERTIFICATION acones!rethehallumwbegane bNN Category: 950 Legal Notice RbGcaliand Prepare.PUBLISHED ON: 11/30/2020 N:dminaaeNP "° "' h"M 1,d Vkitlner,ChiN Finandd613.731-773C.re S.cxz-161-k><zx TOTAL AD COST: 184.47 FILED ON: 12/1/2020 Page 468 of 693 MICHELLE WEIDNER From: ted.nellesen@iowa.gov Sent: Tuesday, December 1, 2020 10:47 AM To: MICHELLE WEIDNER Subject: City Annual Financial Report Submission Dear Michelle Weidner, Submission of your AFR documents has been accepted. Thank you for all your hardwork. Ted Nellesen Iowa Department of Management i Page 469 of 693 4 REVENUE P2 N CITY OF WATERLOO w a REVENUE AND OTHER FINANCING SOURCES FOR YEAR ENDED JUNE 30,2020 0 3 GAAP o N o General Special TIF Special Debt Ca �t11 Permanent Total Governmental (Sum of(a) Proprietary Grand Total (Sum of(g) o Item Description P p p'. (a) Revenue (b) Revenue (c) Service (d) Projects (e) (f) through(f)) (g) h o Section A-'faxes I O and(h)) (i) < axes levied on property 2 22,182,438 11,096,164 6,844,019 14fl,122,621 40,122,621 2 Less:Uncollected Property Taxes-Levy Year 3 0 0 3 in Net Current Property Taxes 4 22,182,438 11,096,164 6,844,019 0 0 40,122,621 40,122,621 4 j3 Delinquent Property Taxes 5 18,680 9,414 6,333 34,427 34,427 5 °7 Total Property Tax p ty 6 22,201,118 11,105,578 6,850,352 0 0 aIF Revenues 7 8,172,491 40,157,048 40,157,045 6 NJ Other City Taxes 8,172,491 8,172,491 7 C) Utility Tax Replacement Excise Taxes 8 803,358 405,831 225,288 1,434,477 1,434,477 8 Utility Franchise Tax(Chapter 364.2,Code of 9 4,398,687 Iowa) 4,398,687 41398,687 9 Parimutuel Wager Tax 101 0 0 10 Gaming Wager Tax I1 980,087 980,087 980,087 T1- Mobile Home Tax 121 34,051 17,157 9,573 60,781 60,781 12 Hotel/Motel Tax 13 1,129,244 1,129,244 1,129,244 13 Other Local Option Taxes 14 10,237,425 10,237,425 10,237,425 14 Total Other City Taxes 15 7,345,427 10,660,413 234,861 0 0 18,240,701 0 18,240,701 1 Section R-Licenses and Permits 16 1,437,005 17,532 5 1454537 15]88 1,469,725 15 Section C-Use of Money and Property 17 1,454,537 , r 17 0 Interest 18 601,562 199,947 56,006 33,452 347,506 1,238,473 205,503 1,443,976 18 2 Rents and Royalties 19 1,088,335 187,094 56,948 1,332,377 1,332,377 19 0 Other Miscellaneous Use of Money and Property 20 25,357 224,525 249,982 249,882 20 3 21 0 0 21 Total Use of Money and Property 22 1,715,254 387,041 56,006 314,925 347,506 0 2,820,732 205,503 3,026,235 22 3 Section D-Intergovernmental 24 24 Federal Grants and Reimbursements 26 26 � Federal Grants 27 591,556 832,705 1,424,261 1,424,261 27 m Community Development Block Grants 29 1,735,248 1,735,2-48- 1,735,248 28 14 Housing and Urban Development 29 6,053,681 30 99,208 6,053,681 6,053,681 29 Public Assistance Grants 99,208 99,208 30 Payment in Lieu of Taxes 31 32 0 0 31 0 0 32 Total Federal Grants and Reimbursements 33 591,556 8,720,842 0 0 0 9,312,398 0 9,312,398 33 m 3 N O Page 470 of 693 „o REVENUE P3 Pa CITY OF WATERLOO `w a REVENUE AND OTHER FINANCING SOURCES FOR YEAR ENDED JiJ1VE 30,2020 0 o GAAP N General Special TIF Special Debt Capital Permanent Total Governmental (Sum of(a) Proprietary Grand Total (Sum of(g) Item Description P P p' m (a) Revenue (b) Revenue (c) Service (d) Projects (e) (f) throw h o Section D-Intergovernmental-Continued 41 g (f)) (g) (h) and(h)) (I) 7 State Shared Revenues 41 a" 43 Road Use Taxes43 44 8,792,796 o Other state grants and reimbursements 48 8,792,796 8,792,796 44 48 State grants 49 49,890 247,449 297,339 297,339 49 3 Iowa Department of Transportation 50 274,604 21- Iowa Department of Natural Resources 51 274,604 274,604 To- ll N) Iowa Economic Development Authority D 51 52 0 M Ln CERA grants 53 0 52 0 Commercial&Industrial Replacement Claim 54 888,039 448,609 21I,385 266,506 1,814,539 0 53 1814539 54 City share-state beer and liquor taxes 55 97,691 , , 97,691 97,691 55 City share-credit union franchise tax 56 153,319 153,319 153,319 55 57 58 0 0 57 59 0 0 58 0 0 59 Total Stats 60 1,188,939 9,763,458 211,385 266,506 p 0 11,430,288 0 11,430,288 60 Local Grants and Reimbursements County Contributions 63 0 0 63 0 62 Library Service 64 62,969 ,969 62,969 64 m n Township Contributions 65 40,794 40,794 40,794 65 p Fire/EMT Service 66 p 0 65 m School Resource Officers 67 281,913 281,913 281,913 67 3 Other- 68 31,718 2,824,120 2,855,838 273,624 m 69 3,129,462 68 � 0 0 69 Total Local Grants and Reimbursements 70 417,394 2,824,120 0 D 0 0 3,241,514 273,624 3,515,138 70 Total Intergovernmental(Sum of lines 33,60, 71 2,197,889 21,308,420 211,385 266,506 0 p and 70) 23,984,200 273,624 24,257,824 71 4 Section E-Charges for Fees and Service 72 72 m Water 73 c Sewer 74 0 0 73 m p 13,358,037 13,358,037 74 6 Electric 75 Gas 761 0 0 75 N Parking 77 461,575 461,5705 461,575 77 Airport 78 243,609 67,170 LandfilUgarbage 79 310,779 310,779 78 Hospital gp 0 4,274,014 4,274,014 79 0 0 80 w 0 Page 471 of 693 REVENUE P4 N CITY OF w a REVENUE AND OTHER FINANCING SOURCES FOR YEAR ENDED JUNE 30, � GAAP N - o a Item Description General Special TIF Special Debt Capital Permanent Total Governmental (Sum of(a) Proprietary Grand Total (Sum of (a) Revenue (b) Revenue (c) Service (d) Projects (e) (f) through(f)) (g) (h) (g)and(h)) (1) o Section E-Charges for Fees and Service- 81 5 Continued gl Transit 82 0 ip Cable TV 83 0 0 82 Internet 64 0 83 � D 0 84 n? Telephone SS 0 0 BS Housing Authoxity 86 0 CL - 0 86 11 ca Storm Water 87 0 2,418,968 2,418,968 87 Ul Other: 88 Nursing Home 89 0 86 Police Service Fees 90 575,794 0 89 575,749 575,799 90 Prisoner Care 91 0 0 91 Fire Service Charges 921 117,264 117,264 117,264 92 Ambulance Charges 93 3,374,927 3,374,927 3,374,927 93 Sidewalk Street Repair Charges 94 90,728 90,728 Housing and Urban.Renewal Charges 95 106,596 90,728 94 106,596 106,596 95 River Port and Tenninal Fees 96 0 61 Public Scales 97 0 9 0 0 977 Cemetery Charges 98 0 0 98 ° Library Charges 99 7,726 7,726 7,726 99 m Park,Recreation,and Cultural Charges 100 2,932,001 2,932,001 2,932,001 lOD o Animal Control Charges 101 0 0 101 Service Charges-Planning,Engineering,Traffic, 2 Street 102 1,185,979 1,185,979 1,185,979 102 Miscellaneous 103 55,173 55,1735 5,173 103 Total Charges for Service 104 8,989,608 228,939 0 0 0 0 9,218,547 2D,051,o19 29,269,566 1041 0 Section F-Special Assesmeuts 106 201,413 201,413 201,413 1061 M SectionG-Miscellaneous 107 107 Contributions 108 517,468 1,160,398 m Deposits and SalesTuel Tax Refunds 109 56,458 38,776 1,677,866 ],677,866 108 95,234 95,234 109 m Sale of Property and Merchandise 110 0 0 110 0 Fines 111 1,309,284 1,309,284 1,309,284 111 o Internal Service Charges 112 3,404,875 50,000 3,454,875 3,454,875 112 Other miscellaneous 113 17,657 17,65717,657 113 Insurance Rcfunds 114 1,934,222 1,934,222 949,791 2,884,013 114 Employee/Retiree Health Plan Contributions 115 727,958 143,732 871,690 871,690 115 116 0 0 116 117 116 D o u7 D o 11s 119 01 0 119 'Total Miscellaneous 1 12017,967,9221 232,5081 01 0 1,160,398 0 9,360,8281 949,791 10,310,619 120 A 0 Page 472 of 693 REVENUE P5 CITY OF o REVENUE AND OTHER FINANCING SOURCES FOR YEAR ENDED JUNE 30, o 3 GAAP oN o NDebt o Item Description General Special TIF Special Service Capital Permanent Total Governmental Sum of Proprietary Grand Total (Sum of (a) Revenue (b) Revenue (c) (d) Projects (e) (f) (a)through(f)) �g) (h) (g)and(h)) (i) 0 o Total All Revenues(Sum of Innes 6,7,15,16,22, 12] 82,055,636 43,940,431 8,439,882 7,666,644 1,507, 71,104,106,and 120) 904 p 113,610,497 21,495,125 135,105,622 121 m Section H-Other Financing Sources 123 Proceeds of capital asset sales 124 56,088 123 Proceeds oflong-term debt(Excluding TIF internal 56,088 37,950 94,038 ]24 3 borrowing) 125 4,690,738 13,429,560 18,120,298 4,130,366 22,250,664 125 Q Proceeds of anticipatory warrants or other short-term ry debt 126 0 0 126 Ln Regular transfers in and interfurtd loans 127 8,008,812 2,438,325 4,266,272 14,713,409 14,713,409 127 Internal TIF loans and transfers in 128 105,8341 185,750 7,033,242 7,324,826 7,324,826 128 129 0 ]30 0 129 0 0 130 Total Other Financing Sources 131 8,170,734 0 185,750 74-,162,30:517,695,832 0 40,214,621 4,168,316 44,3$2,937 131 Total Revenues Except for Beginning Balances 132 60,226,370 43,940,431 8,625,632 21,828,949 19,203,736 0 (Sum of lines 121 and 131) 153,825,118 25,663,441 179,488,559 132 Beginning Fund Balance July 1,2019 134 23,892,857 42,549,208 3,648,0431 1,341,208 25,659,199 97,090,515 19,817,914 116,908,429 134 Total Revenues and Other Financing Sources 136 84,119,227 86,489,639 12,273,675 23,170,157 44,862,935 0 250,915,633 45,481,355 296,39b988 136 (Sum of lines 132 and 134) , r 0 n v G) 0 C 3 CD CD 7 "T1 O tD N C 01 O co 'C CD U O Page 473 of 693 � EXPENDITURES P6 CITY OF WATERLOO EXPENDITURES AND OTHER FINANCING USES FOR FISCAL YEAR ENDED JUNE 30,2020 `w DN GAAP o O n Item Description Line General Special TIF Specia] Debt Capital Permanent Total Governmental (Sum of cols. (a) Proprietary Grand Total (Sum of m a Revenue Revenue(c) Service d Projects a through (h) col. ) i Line co Section A-Public Safety 1 CPolice1 Department/Crime Prevention 2 15,765,435 2,301,919 18,067,354 18,067,354 2 Tall 3 m Emergency Management4 94,502 0 0 3 oFlood control 5 94,502 94,502 4 Fire Department 6 9,679,133 1,941,143 6 0 5 Ambulance 7 2,872,323 11,620,276 11,620,276 6 2,872,323 2,872,323 7 11 BuildingInspcctions 8 1,217,834 1,217,834 1,217,834 8 to Miscellaneous Protective Services 9 0 cn M Animal Control 101 0 9 Other Public Safety ill 0 0 10 121 0 0 11 131 0 0 12 Total Public Safety 14 29,629,227 4,243,0620 13 0 0 0 33,872,289 33,872,239 14 Section B-Public Works 15 Roads,Bridges,Sidewalks 16 502,341 24,369,107 1524,871,448 24,871,448 16 Parking Meter and Off-Street 17 454,841 454,841 Street Lighting 18 520,801 520,801 454,841 17 Traffic Control Safety 19 1,481,756 520,801 18 , Snow Removal 20 1,607,641 1481,7561,481,756 19 1,607,841 Highway Engineering 21 1,607,841 20 b Street Cleaning 22 0 0 21 _ 0 022 0 Airport(if not an enterprise) 23 991,821 540,610 ],532,431 1,532,431 23 m Garbage(ifnot an enterprise) 24 Other Public Works 25 0 0 24 3 MET Bus Transit 26 1,397,687 0 0 25 m Central Garage 27 2,640,530 1,397,687 1,397,687 26 2,640,530 2,640,530 27 Total Public Works 28 5,987,220 28,520,115 0 0 0 34,507,335 34,547,335 28 Section C-Health and Social Services 29 Welfare Assistance 30 29 City Hospital 31 0 0 30 v 0 Payments to Private0 31 Hospitals 32 0 0 32 °« Health Regulation and Inspections 33 D0 33 Water,Air,and Mosquito Control 34 D 0 34 fn Other Health and Social Services 0 35 Community Mental Health 35 0 < 36 273,898 273,898 273,898 36 3 37 38 0 0 37 0 0 38 Total Health and Social Services 39 273,898 0 0 0 0 273,898 273,898 39 Section D-Culture and Recreation 40 Library Services 41 21464,501 40 2,464,501 Museum,Band,Theater 42 1,057,743 2,464,501 411,057,743 1,057,743 42 Parks 43 2,699,572 Recreation 44 2,873,032 2,699,572 2,699,572 43 Cemetery 45 50,000 2,873,032 2,873,032 44 Community Center,Zoo,Marina,and Auditorium 46 763,249 50,000 50,000 45 763,249 763,249 46 Other Culture and Recreation 47 0 0 47 48 49 0 0 48 0 0 49 Total Culture and Recreation 50 9,908,097 0 0 0 0 9,908,097 9,908,097 SD rn 0 Page 474 of 693 EXPENDITURES P7 vq CITY OF o EXPENDITURES AND OTHER FINANCING USES FOR FISCAL YEAR ENDED JUNE 30,--Continued o q GAAP N O N Item description Line General special TIF Special Debt o p P Capital Permanent Total Governmental (Sum of cols. Proprietary Grand Total (Sum o (a) Revenue {b) Revenue (c) Service(d) Projects (e) (fj (a)througb{f)} (g) (h} of col.(g)) (1) Line Section E-Community and Economic 0 Development 51 51 N Community beautification 52 0 0 52 o Economic development 53 1,607,923 492 1,608,415 Housin and urban renewal 1,608,415 53 g 54 14 7,607,952 7,607,966 7,607,966 54 Q. Planning and zoning 55 668,094 fi68,D94 668094 55 Other community and economic development 56 1,129,783 185,750 ,1,315,533 1,315,533 56 � TIF Rebates 57 2,219,738 058 2,219,738 2,219,738 57 Total Community and Economic 0 0 58 59 3,405,814 7,608,444 2,405,488 D 0 Q Development 13,419,746 13,419,746 59 Section F-General Government 60 Mayor,Council and City Manager 61 855,759 60855,759 855,759 61 Clerk,Treasurer,Financial Administration 62 1,216,761 1,216,761 1,216,761 62 Elections 63 32,500 Legal Services and City Attorney 64 301,797 32,500 32,500 63301,797 301,797 64 City Hall and General Buildings 65 532,206 532,206 532,206 65 Tort Liability 66 2,090,278 Other 2,090,278 2,090,278 66 0 General Government 67 4,584,543 24,486 4,609,D29 4,609,029 67 m 68 69 0 0 68 0 Total General Government 70 9,613,844 24,486 9,638,330 0 0 69 <M Sectlon G-Debt Service 71 22,322,739 0 0 22,322,739 22,322,739 711 coo 72 0 7 D 72 3 0 Total Debt Service 74 0 0 0 73 0 0 22,322,739 0 0 22,322,739 22,322,739 74 m Section H-Regular Capital Projects-Specify 75 -1. 75 Infrastructure an re and Buildings 76 458,975 9,947,081 10,406,249 10,406,249 76 m Vehicles and Equipment 77 2,946,081 2,946,081 2,946,081 77 v Subtotal Regular Capital Projects 78 0 458,975 0 12,893,355 0 13,352,33D 13 TIF Capital Projects-Specify 79 ,352,33D 78 Property acquisition,street construction,wetland 79 M, ,139899 restoration 80 5,139,899 5 5,139,899 80 sewer ,constr, an improvements,economic development grants 81 El 0 0 81 Subtotal TIF Capital Projects 82 0 0 0 5,139,899 0 5,139,899 5,139,899 82 Total Capital Projects 83 0 458,975 0 18,033,254 D 18,492,229 18,492,229 83 Total Governmental Activities Expenditures 84 58,818,100 40,855,082 2,405,488 22,322,739 18,033,2541 D 142,434,663 142,434,663 84 (Sum of lines 14,28,39,50,59,70,74,83) 85 85 TIF Rebates are expended out of the TIF Special Revenue Fund within the Community and Economic Development program's activity"Other" 0 Page 475 of 693 EXPENDITURES PS N CITY OF , CL EXPENDITURES AND OTHER FINANCING USES FOR FISCAL YEAR ENDED JUNE 30,--Continued o 0 GAAP N 0 0 S General Special TIF Special Debt Capital Permanent Total Governmental Sum of cols. Proprietary Grand Total (Sum Line Item description Line a Revenue b Revenue c Serviced Projects e g (f))(g) (h) of col.(g)) (i) �i ( ) ( ) () ( ) .i () (� (a)through o Section I-Business Type Activities 87 D Water-Current Operation 88 87 0 88 FD Capital Outlay 89 0 89 o Debt Service 90 0 90 < Sewer and Sewage Disposal-Current Operation 91 7,128,579 7,128,579 91 Capital 92 p y 6,948,412 6,948,412 92 CL Debt Service 93 u 249,605 249,605 93 w Electric-Current Operation 94 0 94 o Capital Outlay 95 0 95 Debt Service 96 0 96 Gas Utility-Current Operation 97 0 97 Capital Outlay 98 0 98 Debt Service 99 0 99 Parking-Current Operation 100 0 100 Capital Outlay 101 0 101 Debt Service 102 0 102 Airport-Current Operation 103 0 103 Capital Outlay 104 0 104 r Debt Service 105 0 10S 0 Landfill/Garbage-Current operation 106 4,421,015 4,421,015 106 Capital Outlay 107 592,507 592,507 107 Debt Service 108 Hospital-Current Operation 109 0 108 0 1CD 09 Capital Outlay 110 0 110 Debt Service 111 0 111 Transit-Current Operation 112 23 Capital Outlay 113 0 112 m Debt Service 114 0 113 Cable TV,Telephone,Internet-Current Operation 115 0 114 c 0 115 Capital Outlay 116 rt Housing Authority-Current Operation 117 0 116 Capital Outlay 118 0 117 Debt Service 119 0 118 0 119 Storm Water-Current Operation 120 1,084,576 1,084,576 120 Capital Outlay 121 2,206,113 2,206,113 121 Debt Service 122 0 122 Other Business Type-Current Operation 123 0 123 Capital Outlay 124 0 124 Debt Service 125 0 125 Internal Service Funds-Specify 126 126 127 128 0 127 0 128 Total Business Type Activities 129 22,630,807 22,630,807 129 Oo CD Page 476 of 693 EXPENDITURES P9 y CITY OF WATERLOO _ a EXPENDITURES AND OTHER FINANCING USES FOR FISCAL YEAR ENDED JUNE 30,2020--Continued O GAAP o 3 0 0 General Special TIF S ecixl Debt 0 v Item description Line P P Service Capital Permanent Total Governmental Sum of Proprietary Grand Total Sum (a} Revenue (b) Revenue (c) Projects(e) (f) cols. a through ( P Line o (d) ( ) g (fl) ) (h) of col.(g))((i) Subtotal Expenditures(Sum of lines 84 and 130 58,818,100 40,855,082 2,405,488 22,322,739 18,033,254 0 o I29) 142,434,663 22,630,807 165,065,470 130 a) Section J-Other Financing Uses Including Transfers 131 o Out 131 < Regular transfers out 132 185,750 8,039,090 °' 8,224,840 6,488,569 14,713,409 132 Internal TIF loans/repayments and transfers out 133 71324,826 7,324,826 7,324,826 133 134 0 0 134 N Total Other Financing Uses 135 185,750 8,039,090 7,324,826 0 0 0 15,549,666 C4-88,569 , 22,038,235 135 o Total Expenditures and Other Financing Uses 136 59,003,850 48,894,172 9,730,314 22,322,739 18033254 0 (Sum of lines 130 and 135) , , 157,984,329 29,119,376 187,103,705 136 137 Ending fund balance June 30,: 138 137 Governmental: 139 138 Nans endable 139 P 140 752,607 140,959 5E893,566 893,566 140 Restricted 141 6,326,044 36,280,451 1,881,532 847,418 29,050,548 74,385,993 74,385,993 141 Committed 142 229,79! 229,791 229,791 142 FE Assigned 143 5,275,896 2,155,815 661,829 8,093,791 $,093,540 143 Unassigned 144 12,531,039 -981,758 -2,220,867 9,328,414 9,328,414 144 Total Governmental 145 25,115,377 37,595,467 2,543,361 847,418 26,829,681 0 92,931,304 92,931,304 145 Proprietary 146 16,361,979 16,361,979 146 Total Ending Fund Balance June 30, 147 25,115,377 37,595,467 2,543,361 847,418 26,829,681 0 92,931,304 16,361,979 109,293,283 147 0 Total Requirements(Sum of lines 136 and 147) 148 84,119,227 86,489,639 12,273,675 23,170,157 44,862,935 0 250,915,633 45,48,,355 296,396,988 148 m 3 m a U O CD } K S1 N O CD 7 In K SD 3 r0 O Page 477 of 693 OTHER P10 _ N Part III Intergovernmental Expenditures Please report below expenditures made to the State or to other local governments on a reimbursement or cost sharing basis.Include these expenditures in part II.Enter amount. w Purpose Amount paid to other local governments Purpose Amount paid to State o Correction N 0Highways 3,073,716 Health 46,597 rQ Highways All other $,365 0 Transit Subsidies 1,397,687 I Libraries Ch Police protection 1,410,323 Sewerage a) Sanitation J All other 455,048 n A K) Part IV o Wages&Salaries Report here the total salaries and wages paid to all employees of your government before deductions of social security,retirement,etc.Include also salaries and wages paid to employees of any utility owned and operated by your government,as well as salaries and wages of municipal employees charged to construction projects. YOU ARE REQUIRED TO ENTER SALARY DOLLARS IN THE Amount areas FOR SALARIES AND WAGES PAID Amount Total Salaries and Wages Paid Part V Debt Outstanding,Issued,and Retired 41,657,500 Transit subsidies A.Long-Term Debt Debt During the Fiscal Year Debt Outstanding JUNE 30,2020 Purpose Line Debt Outstanding JULY 1, 2019 Issued Retired General Obligation TIF Revenue Revenue Other Interest Paid This Year Water Utility I, r 0 SewerUality 2. 2,091,522 130,973 192,000 7030,495 3,049 ate—' Electric Utility 3, Gas Utility 4, 0 Transit-Bus 5, m Industrial Revenue 6, 3 Mortgage Revenue 7, T TIF Revenue 8. 6,905,931 1,043,290 5,862,641 156,709 0 Other Purposes/Miscellaneous 9, o GO 10. 98,175,000 21,655,000 19,485,000 100,345,000 41 Parking 11. Airport 12. Stormwater 13. 01 4 Section I08 14. Total Lon Term { Long 107,172,453 21,785,973 20,720,290 100,345,000 5,862,641 2,030,495 D 159,758 �' B.Short-Term Debt Amount D 3 Outstanding as of July 1,2019 Outstanding as of JUNE 30,2020 DEBT LIMITATION FOR GENERAL OBLIGATIONS Part VI Actual valuation--January 1,2018 3,971,562,192 x.Amount$ I98,57$,109.6 Part VII CASA AND INVESTMENT ASSETS AS OF JUNE 30,2020 Type of asset Amount Cash and investments-Include cash on hand,CD's,time,checking and savings deposits,Federal securities, Bond and interest Bond construction Pension/retirement All other Funds Federal agency securities,State and local government securities,and all other securities.Exclude value of real funds(a) funds(b) funds(c) (d) Total(e) property. 866,910 29,788,035 78,545,838 109,200,783 Cf you budget on a NON-GAAP CASH BASIS,the amount in the Total above SHOULD EQUAL the above summed amounts on the sheet All Funds PI:Ending fund balance,column C PLUS the amounts in the shaded Note REMARKS area. o - -o Page 478 of 693 KELLEY FELCHLE From: Kendra Wyatt Sent: Monday, March 1, 2021 12:42 PM To: QUENTIN HART; KELLEY FELCHLE Subject: FW: Property tax increase From: David Dreyer<davedreyer@outlook.com> Sent: Monday, March 1, 202112:16 PM To: Ray Feuss<Ray.Feuss@WATERLOO-IA.ORG>; Margaret Klein <Margaret.Klein@WATERLOO-IA.ORG>; Mayor <Mayor@WATERLOO-IA.ORG>; Pat Morrissey<Pat.Morrissey@WATERLOO-IA.ORG>; Dave Boesen <Dave.Boesen@WATERLOO-IA.ORG>; Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG>;Jerome Amos Jr <Jerome.Amos@WATERLOO-IA.ORG>;Jonathan Grieder<Jonathan.Grieder@WATERLOO-IA.ORG> Subject: Property tax increase To whomever my care I see in the Courier a possible property levy increase of 8%Great! In 2014 my water bill was steady at$105.00,this years first bill is$154.00, water rose $14.00, sewer$13.00,garbage $4.00,storm sewer$4.50 not to mention the new$15.00 yard waste fee! Gas and electric cost have risen along with home and auto insurance up$700.00 2014-2020 without mentioning any other costs that have increases! My wife and I are both retired in early 2014. She has two small pensions of which neither have increased their benefits so as of 2014 to 2020 our gross income has dropped $59,000.00 annually, My social security increase 2014-2020 increased $81.00 per month and hers$77.00 per month 2014-2020, Most of the time the answer was no COLA! However it seems like city/state/federal employees whom are paid by tax payer money GET a raise, many of whom are just a warm body! You seem to take a slice of our money almost every year with the reason, higher labor/benefit costs for the Fantastic staff we have. Our income went up $1900.00 a year 2014-2020! FOLKS that's not keeping up with the cost of living, no wonder so many people have to keep working late in life! Guess we that are not in a government job chose the wrong career path! Contracts need to be refined and hold the line on spending. VOTE FOR NEEDS/NEEDS NOT WANTS/NOT WANTS I I I I I I I I I I I I I I I I I I I I I!11 Regretful to have to voice this Dave Dreyer PS someone could read this during your meeting for other viewers to hear! I'm sure there a lot of people in Waterloo existing the same way! Sent from Mail for Windows 10 1 Page 479 of 693 P- Lk�& qtv e+ KELLEY FELCHLE From: Kendra Wyatt Sent: Monday, March 1, 2021 2:06 PM To: QUENTIN HART; KELLEY FELCHLE; Dave Boesen;Jonathan Grieder; Pat Morrissey; Ray Feuss;Jerome Amos Jr Subject: FW:tax increase -----Original Message----- From: polt@mchsi.com <polt@mchsi.com> Sent: Monday, March 1, 2021 2:03 PM To: Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG>; Margaret Klein <Margaret.Klein @WATERLOO- IA.ORG>; Mayor <Mayor@WATERLOO-IA.ORG> Subject: tax increase No, No, No, No, No to tax increases tonight. This council has given millions and millions of dollars in deferred taxes to new consruction, many of them worth over half a million dollars or more. Why do you think it is the responsibility and liabiiity of taxpayers who have lived here for decades????? to make up this difference? Do we want the reputation of being one of the highest property taxed cities in the state? I have already decreased my property holdings and will continue to sel the rest, The dollars are not the councils dollars to spend, you are spending MY TAX DOLLARS. Dr. Sherry Gable i Page 480 of 693 CITY OF WATERLOO Council Communication Sale and conveyance of property generally located near 1010 Fletcher Avenue, to LG Companies, LLC, in the amount of$5,000, and approval of a development agreement with$25,000 in infill incentives, in conjunction with the development of two new twin homes. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ 1010 Fletcher DA Backup Material ❑ Plat of survey Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of city-owned SUBJECT: property to LG Companies, LLC, in the amount of$5,000, generally located near 1010 Fletcher Avenue, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with LG Companies, LLC, for the construction of two new twin homes, with$25,000 in infill incentives, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve sale and conveyance of property LG Companies is working to acquire 1010 Fletcher Avenue, which is becoming dilapidated in nature. With the acquisition and the approval to acquire abutting city owned land, they will have a site large enough to build two new twin homes. The current assessed value of the home is $76,400, Summary Statement: and the estimated assessed value upon completion is $800,0004900,000. The City would sell the 40' strip for$5,000, and upon completion of the units being built, would (per the Infill Sale of Property Policy)refund the $5,000 purchase price, and give $5,000 per unit built. A total of$25,000 paid back, with a gain to City of$5,000 in beginning. Expenditure Required: $20,000($25,000 incentive less $5,000 purchase price) 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 Page 481 of 693 Alternative: Not approve The City is seeing great interest in the redevelopment of deteriorating houses and infill sites in the community. The Leisure Services Commission has reviewed the area to be acquired and recommended approval to help create a new positive infill housing next to the Iry Warren Golf Course, as the area to be conveyed is not regularly used by the golf course activities. The area to be sold contains a sewer next to it, so a larger portion could not be sold and developed without a costly relocation of the sewer. Background Information: The City continues to see new infill housing plans happening, which meets the goals of the City Council and community for added tax base, residents, and investment into existing neighborhoods. It is staff s opinion that every new home will help create better statistics and comparisons for further infill strength for financing, appraisers, etc. and help us continue the journey for more infill housing. Legal Description Parcel G That part of the Northeast Quarter(NE 1/4)of Section Thirty-four(34), Township Eighty-nine North(T 89N), Range Thirteen West(R 13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at a point on the centerline of West Fourth Street in the City of Waterloo, Iowa, that is Four Hundred Seventy-two and One-tenth(472.1) feet Southwesterly from the intersection with the South line of the Northwest Quarter(NW 1/4)of aforesaid Northeast Quarter(NE 1/4); running thence Legal Descriptions: Northwesterly at right angles to the centerline of West Fourth Street a distance of Three Hundred Thirty(330) feet; thence Southwesterly at right angles to the last described course Eighteen(18) feet to the existing Southwesterly right-of-way line of Fletcher Avenue as per Plat of Kingbard Hill and to the point of beginning; thence N38 degrees 11'33"W Forty (40.00) feet along said right-of-way line; thence S51 degrees 53'08"W One Hundred Twenty-six and Ten Hundredths (126.10) feet; thence S38 degrees 14'22"E Forty(40.00) feet to the Northwesterly line of parcel described in document No. 2020-07154 (Parcel 891334251001 Address: 1010 Fletcher Ave., Waterloo, Iowa); thence N 51 degrees 53'08"E One Hundred Twenty- six and Seven Hundredths (126.07) feet along said Northwesterly line to the point of beginning containing 5,043 square feet. Page 482 of 693 Preparer: Christopher S.Wendland. P.O. Box 596.Waterloo. Iowa 50704 (319 2) 34-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between LG Companies, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct twin homes and related improvements on property it owns or is acquiring in the City of Waterloo. B. City considers infill residential 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 to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Project Property. Company shall complete the acquisition of real property described on Exhibit "A" attached hereto (the "Property"). In addition, and subject to the terms hereof, City shall convey to Company for the sum of $5,000.00 (the "Purchase Price") a parcel as described on Exhibit "B" attached hereto (the "City Parcel'). The Property and the City Parcel are collectively referred to as the "Project Property." Conveyance of the City Parcel shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the City Parcel; and (d) restrictions imposed by the City I Page 483 of 693 zoning ordinances and other applicable law. Conveyance of the City Parcel shall be made in its "AS-IS" condition. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter, and proof that Company has acquired the Property. 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. 2. Improvements by Company. After assembly of the Project Property, Company shall thereafter demolish existing structures, clear and ready the land for construction, and undertake and complete construction of two twin homes (for a total of 4 units) to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the first twin home within six (6) months after conveyance of the City Parcel (the "Project Start Date"), must Substantially Complete construction of same within twelve (12) months, must begin construction of the second twin home within six (6) months after completion of the first twin home, and must Substantially Complete construction of all Improvements within twelve (12) months thereafter (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and 2 Page 484 of 693 City shall have no further obligation hereunder with respect to such Project. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal.4o the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 10, title to the City Parcel shall revert to the City, and City shall have no further obligation hereunder with respect to such Project. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the City Parcel that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the City Parcel. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the City Parcel of any type or nature whatsoever that attaches to the City Parcel by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 485 of 693 6. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives: A. Infill Housinq Grants. As provided in the City's infill housing policy, City will pay Company a grant of$5,000.00 for each unit timely completed, for a total incentive of$20,000.00, payable in full within thirty (30) days after all Improvements have been Substantially Completed. B. Purchase Price Refund. Within thirty (30) days after Company has Substantially Completed all the Improvements, City will refund the Purchase Price to Company. C. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption. 7. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. 8. 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. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: 4 Page 486 of 693 A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 8. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 5 Page 487 of 693 B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Project Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the City Parcel. C. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 6 Page 488 of 693 10. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any 7 Page 489 of 693 governing body member, officer, employee or agent of City in the individual capacity of such person. 13. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at PO Box 277, Cedar Falls, IA 50613, Attention: Kyle Larson, with copy to Beecher Law Firm, PO Box 178, Waterloo, IA 50703, Attention: Eric W. Johnson. 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. 15. 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. 16. 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. 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the 8 Page 490 of 693 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. 18. 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. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. 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. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, 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. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] s Page 491 of 693 CITY OF WATERLOO, IOWA LG Companies, LLC By: _ By: Qt�- Quentin M. Hart, Mayor Kyle Manager Attest: Kelley Felchle, City Clerk 10 Page 492 of 693 EXHIBIT "A" Property Description UNPLATTED WATERLOO WEST NWLY 94.11 FT OF THE FOLL COM AT PT ON CENTER LINE W 4TH ST 472.1 FT SW FROM INTERS WITH THE S LINE NW NE SEC 34 T 89 R 13 TH NW 330 FT SW 9 RDS SE 330 FT NE 9 RDS EXC STREET SEC 34 T 89 R 13 i i Page 493 of 693 EXHIBIT "B" City Parcel Description An area to be surveyed, generally described as a parcel 40 feet in width lying NWly of property at 1010 Fletcher Avenue, Waterloo, Iowa. 1 Page 494 of 693 CES FILE NO. 2744 N L� � c o O CG) O - Z C ° c r 1= v — � 1 w w �C (D v - O ° ° -tv v °1 O "p " Z °' n W }- -V m C t E p C o r W d °r O ° N CY o a v c O v I 6 rn m C NO GvOIn C^ c tNG) - O p C in 0 Z S t! C N w O r .. 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LU 00 00 . °xJ C) _ o o �i w sy ,� z (fin O o o J o f 00 Page, 2M15 Of 1591 a' I' CITY OF WATERLOO Council Communication Sale and conveyance of city-owned property located west of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of$200, and approval of a development agreement including approximately$20,000 in improvements to the abutting house. City Council Meeting: 3/1/2021 Prepared:2/4/2021 ATTACHMENTS: Description Type ❑ 225 Sumner DA Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of city-owned property located west of 225 Sumner Street, to Elisa Walker and Bre'onna SUBJECT: Walker, in the amount of$200, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Elisa Walker and Bre'onna Walker, for approximately$20.000 for improvements to the abutting house, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approve resolution The City of Waterloo would sell the two parcels west of 225 Sumner Street were acquired through the 657A process. The abutting property owner(s) have shown an interest in the sites for yard improvements and beautification of the neighborhood. Summary Statement: Staff previously had some concerns with the condition of the abutting home, but the property owners are committing to further improvements to the home, and have made significant improvements already in its cleanup. The sales price was based off the original assessed value of the two lots, and deducting estimated costs and added property taxes to be paid by the improvements to the abutting home. 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 an environment to attract population to Waterloo, create new tax base, new Policy Issue: Page 497 of 693 investment in CURA area and TIF areas Alternative: Not approve The lots have a total assessed value of$2,100. The Sale of Property Policy allows for 8 years of taxes to count against the purchase price. The lots, becoming taxable will pay$576 over an 8-year period. Based on the Background Information: improvements in the Development Agreement to home, the new value is estimated to increase taxes by$155 per year. Putting the new asking price at $285, and put at 70%per the Sale of property Policy, equals the sales price of$200. Parcel 8913-24-177-015: HAMMOND & HOPKINS ADDITION EAST 40 FEET OF LOT 10 BLOCK 3. Legal Descriptions: Parcel 8913-24-177-016: HAMMOND & HOPKINS ADDITION EAST 20 FEET OF LOT 9 BLOCK 3 WEST 20 FEET LOT 10 BLOCK 3. Page 498 of 693 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between Elisa Walker and Bre'onna Walker ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate an existing property that they are taking ownership in at 225 Sumner Street, Waterloo, Iowa (the "Property"). B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Real Estate; Title. Subject to the terms hereof, City shall convey to Developer for the sum of $200.00 (the "Purchase Price") two parcels adjacent to the Property, which parcels are legally described as set forth on Exhibit "A" attached hereto (the "Parcels"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Page 499 of 693 Developer until Developer takes out a permit to construct the Improvements (defined below). Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Parcels. Developer agrees to accept the Parcels in their "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Parcels, their marketability, or their fitness for any particular purpose. Developer shall erect a fence at least four feet in height around the perimeter of the Parcels, which may also include the Property, and may include a gate off the alley to allow vehicle ingress and egress. Developer shall also rehabilitate the existing structure on the Property for single-family residential purposes and make other improvements to the buildings and grounds as follows: a) New roof and rain gutters; b) New windows and door on west side of structure; c) New siding; d) Fence across front of Property may include a gate to allow access to front door of house; and e) Clean up and dispose of junk and other debris from Property and Parcels. (all improvements described in this paragraph are collectively referred to as the "Improvements"). It is estimated that the total cost of the Improvements will be $20,000.00. The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Parcels, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". Until Completion of the Improvements, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to Developer's actual progress with respect to construction of the Improvements. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to rehabilitate the Property 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 Developer, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), 2 Page 500 of 693 Developer must obtain a building permit and begin construction of the Improvements by May 1, 2021 (the "Project Start Date"), and complete the Project work within twelve (12) months after the date of this Agreement (the "Project Completion Date"). If Developer has not begun Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 13, and City shall have no further obligation hereunder. If rehabilitation has not begun by the Project Start Date but the commencement of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Start Date and/or the Project Completion Date. If rehabilitation work has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if the Improvements are not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 13, title to the Parcels shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title of the Parcels, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Parcels that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Parcels. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property or Parcels of any type or nature whatsoever that attaches to the Property or Parcels 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 expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 3 Page 501 of 693 5. Purchase in Lieu of Reverter. If City issues notice to Developer that title to the Parcels shall revert to City pursuant to paragraph 4, Developer shall have the option to pay City the sum of $1,900.00 in lieu of reverter of title. Developer shall pay such sum to City within thirty (30) days after delivery of such notice, otherwise the actions required by paragraph 4 shall be promptly completed. 6. No Encumbrances. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Parcels. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Parcels prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, which City may withhold or condition in its sole discretion. 8. 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. 9. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has the means and wherewithal to enter into and perform its obligations under this Agreement. B. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the financial position or activities of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 10. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 4 Page 502 of 693 B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, the Parcels or this Agreement, without the prior written consent of City before completion of the Project; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 11. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise to recover ownership of the Parcels as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. 5 Page 503 of 693 C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 12. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer, its heirs, successors, assigns or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. 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. 14. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 15. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 6 Page 504 of 693 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 225 Sumner Street, Waterloo, Iowa 50703. 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. 17. 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. 18. 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. 19. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 20. 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 7 Page 505 of 693 shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. 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. 23. 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. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Developer By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 8 Page 506 of 693 EXHIBIT "A" Legal Description of Parcels Parcel 8913-24-177-015: HAMMOND & HOPKINS ADDITION E 40 FT LOT 10 BILK 3. Parcel 8913-24-177-016: HAMMOND & HOPKINS ADDITION E 20 FT LOT 9 BLK 3 W 20 FT LOT 10 BILK 3. Page 507 of 693 CITY OF WATERLOO Council Communication Resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First Addition, a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south of 4245 W. 4th Street, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2020-856. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Council Packet Cover Memo ❑ Legal Description Backup Material Resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First Addition, a replat of a portion of Ken Dahl First Addition, a SUBJECT: 3-lot residential subdivision located south of 4245 W. 4th Street, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2020-856. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Final Plat request at their regular meeting on November 10th, 2020. Therefore staff recommends the request by Kasim Mustedamagic for the final plat of Mustedan First Addition a replat of a portion of Ken Dahl Final Plat, a 3-lot residential subdivision located south of 4245 West 4th Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. Recommended Action: 2. The plat would provide for new residential development, which would be compatible with already existing development in the nearby vicinity. 3. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 4. The request is in accordance with the Subdivision Ordinance. 5. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. Transmitted herewith is a resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First Addition a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south of 4245 West 4th Street and rescinding resolution 2020-856 in order to update easements. Page 508 of 693 Included are the following: Summary Statement: • Staff report • Overview Map • Final Plat • Deed of Dedication • Certificate of Survey • Report of City Engineer Expenditure Required: None Source of Funds: N/A The request would not appear to have a negative impact upon the surrounding neighborhood or land use in the area as it consists of low density residential development, with the of exception multiple family residences to the west along Skyline Drive. The property is served by West 4th Street from the north and south, which is classified as Minor Arterial. West San Marnan Drive is about '/4 of a mile to the north and West Shaulis Road is located 3/4 of a mile to the south, and both of these roads area classified as Minor Arterials. There is no public sidewalk located along the east side of West 4th Street, but there is sidewalk along the west side of the street. When the land is final platted into new lots, there will be a requirement in the deed of dedication that sidewalk is required and installed when the lots are developed. The Shaulis Road recreational trail is located 3/4 of a mile to the south at the intersection of West Shaulis Road and Hoff Road. The property in question is zoned"R-1" One and Two Family Residence District and has been zoned as such since being rezoned from"A-1" Agricultural District by Ordinance 5455 on June 4, 2018. Surrounding land uses and their zoning are as follows: North— One and two family residences, zoned "R-1"One and Two Family Residence District and"R-3"Multiple Family Residence District. South— Single-family residences, zoned"R-1" One and Two Family Residence District. East— One and two family residences, zoned"R-3"Multiple Family Residence District. West— Single-family residences and multiple family residences (Timberline Condos), zoned"R-1" One and Two Family Residence District and"R- 3,R-P"Planned Residence District. The area has a mix of residential development uses, with some multiple family development, but the area is predominantly one and two family residences. The area has development that was built from 1919 up to 2016. The development of more low density residential would appear to be compatible with the existing development in the area. No buffers would be required as a part of this rezoning request. The plat request would not appear to have a negative impact upon drainage in the area. The final plat shows an area for a storm water easement for water detention. The property in question is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Page 509 of 693 Rate Map, Community Number 190025 and Panel Number 0284F, dated July 18, 2011. Lou Henry Elementary School is located 1.83 miles to the northeast, Hoover Middle School is located 1.88 miles to the northeast and West High School is located 2.56 miles to the northeast. The nearest park is Prairie Grove Park, approximately 3/4 of a mile to the southwest as the intersection of West 4th Street and West Shauhs Road. There is no sanitary sewer located within West 4th Street, and the nearest 8" Background Information: sanitary sewer located about 300' to the south at the intersection of West 4th Street and Hoff Road. Engineering has noted that the site would need to be served by this sewer by extending a new sanitary sewer northward to the property in question. West 4th Street has 12" storm sewer and 4"drain tiles within it in. There is a 12"water main that comes northward along the east side of West 4th Street that is stubbed into the property in question and can serve the plat. The Future Land Use Map designates this area as Low Density Residential, which equal approximately six housing units per acre, and the proposed rezone request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. The applicant is requesting to replat 1.43 acres of Ken Dahl First Addition to create a 3-lot residential subdivision. Lot 1 is 0.56 acres, Lot 2 is 0.41 acres, and lot 3 is 0.46 acres. Ken Dahl First Addition was originally a 5-lot residential plat that was recommended for approval by the Planning, Programming, and Zoning Commission on July 10, 2018 and approved by the City Council on August 13, 2018 with resolution number 2018-603. All easements that were originally included in the Ken Dahl First Addition are included in this replat. Engineering noted some spelling errors in the deed of dedication which will need to be made before the plat goes to city council. The applicant stated that the attorney is working on the update. An updated Deed of Dedication has been submitted and approved. It appears that the submitted final plat meets the guidelines of the Subdivision Ordinance. The replat incorporates approximately 2 and a %lots of Ken Dahl First Addition and replats them into three lots. Therefore staff recommends the request by Kasim Mustedamagic for the final plat of Mustedan First Addition a replat of a portion of Ken Dahl Final Plat, a 3-lot residential subdivision located south of 4245 West 4th Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The plat would provide for new residential development, which would be compatible with already existing development in the nearby vicinity. 3. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 4. The request is in accordance with the Subdivision Ordinance. 5. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. This plat was originally approved by the City Council on 11/23/2020 with resolution 2020-856 however the applicant has requested to change an Page 510 of 693 easement requiring the plat to return to city council. The revised easement is for the storm water management of the subdivision, and the Engineering Department has reviewed the requested change and is ok with the change, as it will still meet all storm water requirements. Legal Description: Lots 2, 3, and 4, Ken Dahl First Addition to the City of Waterloo, Black Legal Descriptions: Hawk County, Iowa except Parcel K recorded in file 2020-00010332 and except Parcels L and M recorded in File 2021-00001843, all in the Office of the Recorder, Black Hawk County, Iowa. Page 511 of 693 November 10,2020 REQUEST: Request by Kasim Mustedanagic for the final plat of Mustedan First Addition a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south of 4245 West 4th Street. APPLICANT: Kasim Mustedanagic, 3545 Muirfield Drive, Waterloo, Iowa 50701 GENERAL The applicant is requesting to replat the property into three DESCRIPTION: residential lots for a new two-unit residential subdivision. IMPACT ON The request would not appear to have a negative impact upon the NEIGHBORHOOD & surrounding neighborhood or land use in the area as it consists of SURROUNDING low density residential development, with the of exception multiple LAND USE: family residences to the west along Skyline Drive. VEHICULAR & The property is served by West 4th Street from the north and south, PEDESTRIAN which is classified as Minor Arterial. West San Marnan Drive is TRAFFIC about '/4 of a mile to the north and West Shaulis Road is located 3/4 CONDITIONS: of a mile to the south, and both of these roads area classified as Minor Arterials. RELATIONSHIP TO There is no public sidewalk located along the east side of West 4th RECREATIONAL Street, but there is sidewalk along the west side of the street. TRAIL PLAN AND When the land is final platted into new lots, there will be a COMPLETE STREETS requirement in the deed of dedication that sidewalk is required and POLICY: installed when the lots are developed. The Shaulis Road recreational trail is located 3/4 of a mile to the south at the intersection of West Shaulis Road and Hoff Road. ZONING HISTORY The property in question is zoned "R-1" One and Two Family FOR SITE AND Residence District and has been zoned as such since being IMMEDIATE VICINITY: rezoned from "A-1" Agricultural District by Ordinance 5455 on June 4, 2018. Surrounding land uses and their zoning are as follows: North — One and two family residences, zoned "R-1" One and Two Family Residence District and "R-3" Multiple Family Residence District. South — Single-family residences, zoned "R-1" One and Two Family Residence District. East — One and two family residences, zoned "R-3" Multiple Family Residence District. West — Single-family residences and multiple family residences (Timberline Condos), zoned "R-1" One and Two Family Residence District and "R-3,R-P" Planned Residence District. DEVELOPMENT The area has a mix of residential development uses, with some HISTORY: multiple family development, but the area is predominantly one and two family residences. The area has development that was built from 1919 up to 2016. The development of more low density residential would appear to be compatible with the existing development in the area. South of 4245 W 4`h St—Final Plat Pdg@f 5112 of 693 November 10,2020 BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING REQUIRED: DRAINAGE: The plat request would not appear to have a negative impact upon drainage in the area. The final plat shows an area for a storm water easement for water detention. FLOODPLAIN: The property in question is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0284F, dated July 18, 2011. PUBLIC /OPEN Lou Henry Elementary School is located 1.83 miles to the SPACES/ SCHOOLS: northeast, Hoover Middle School is located 1.88 miles to the northeast and West High School is located 2.56 miles to the northeast. The nearest park is Prairie Grove Park, approximately 3/4 of a mile to the southwest as the intersection of West 4th Street and West Shaulis Road. UTILITIES: WATER, There is no sanitary sewer located within West 411 Street, and the SANITARY SEWER, nearest 8" sanitary sewer located about 300' to the south at the STORM SEWER, ETC: intersection of West 4th Street and Hoff Road. Engineering has noted that the site would need to be served by this sewer by extending a new sanitary sewer northward to the property in question. West 4th Street has 12" storm sewer and 4" drain tiles within it in. There is a 12" water main that comes northward along the east side of West 4th Street that is stubbed into the property in question and can serve the plat. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential, which equal approximately six housing units per acre, LAND USE PLAN: and the proposed rezone request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. STAFF ANALYSIS — The applicant is requesting to replat 1 .43 acres of Ken Dahl First ZONING Addition to create a 3-lot residential subdivision. Lot 1 is 0.56 ORDINANCE: acres, Lot 2 is 0.41 acres, and lot 3 is 0.46 acres. Ken Dahl First Addition was originally a 5-lot residential plat that was recommended for approval by the Planning, Programming, and Zoning Commission on July 10, 2018 and approved by the City Council on August 13, 2018 with resolution number 2018-603. All easements that were originally included in the Ken Dahl First Addition are included in this replat. Engineering noted some spelling errors in the deed of dedication which will need to be made before the plat goes to city council. The applicant stated that the attorney is working on the update. South of 4245 W 4`h St—Final Plat Pdg@f 511 of 693 November 10,2020 An updated Deed of Dedication has been submitted and approved. STAFF ANALYSIS — It appears that the submitted final plat meets the guidelines of the SUBDIVISION Subdivision Ordinance. The replat incorporates approximately 2 ORDINANCE: and a '/2 lots of Ken Dahl First Addition and replats them into three lots. STAFF Therefore staff recommends the request by Kasim Mustedamagic RECOMMENDATION: for the final plat of Mustedan First Addition a replat of a portion of Ken Dahl Final Plat, a 3-lot residential subdivision located south of 4245 West 4th Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The plat would provide for new residential development, which would be compatible with already existing development in the nearby vicinity. 3. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 4. The request is in accordance with the Subdivision Ordinance. 5. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. South of 4245 W 4`h St—Final Plat Pdg@f 5 I of 693 City of Waterloo Planning, Programming and Zoning Commission November 10, 2020 -4 IR-P, QUAIL PL w R , TITAN TRAIL B—P INE VIEW PL'� M-2,P M-1 I R-4 Ay�Fy yG,ps� � �� 1 171110 LIN R-3 r R-1 A-1 N� J 'Q9 N Z NZ M-1 A-1 C-2 KAMILLE CT \ - W.SAN MARNAN DR C-2' Q C-Z Y C-2,C-Z R-4 R-P K LINE OR x u) O C-2AiR-3 � q�H ST R�R�DGF\ KESTREL�i iR�yc \GR s LL ZAUDUBpN D CR w B-P �y = a o R m <?c. R-3,R-P ���Q0�1cyF y \ �A`S�p CARAS RD pAKOTA DR �o FALCON RG D THRUSH DR � C �O b2 KITTY HAWK DR co } w z /� N " �FtY LN R-1 PALOMAPL p A-1 S� V� �/ J� TETON DR A w R p m w CRABAPPLE LN Z <O Z zz O m �9 U Q 9 � � Fiy <Z p �Q clj w LL WAXWING i R-3, �P OFt • PARTRIDGE R-P WILLIAM DR W.SHAULIS RD HAULIS RD N South of 4245 West 4th Street W .E Final Plat s Kasim Mustedanagic 1,000 500 o ,.000 . . Feet Page 515 of 693 City of Waterloo Planning, Programming and Zoning Commission November 10, 2020 -4 IR-P, QUAIL PL w R , TITAN TRAIL B—P INE VIEW PL'� M-2,P M-1 I R-4 Ay�Fy yG,ps� � �� 1 171110 LIN R-3 r R-1 A-1 N� J 'Q9 N Z NZ M-1 A-1 C-2 KAMILLE CT \ - W.SAN MARNAN DR C-2' Q C-Z Y C-2,C-Z R-4 R-P K LINE OR x u) O C-2AiR-3 � q�H ST R�R�DGF\ KESTREL�i iR�yc \GR s LL ZAUDUBpN D CR w B-P �y = a o R m <?c. R-3,R-P ���Q0�1cyF y \ �A`S�p CARAS RD pAKOTA DR �o FALCON RG D THRUSH DR � C �O b2 KITTY HAWK DR co } w z /� N " �FtY LN R-1 PALOMAPL p A-1 S� V� �/ J� TETON DR A w R p m w CRABAPPLE LN Z <O Z zz O m �9 U Q 9 � � Fiy <Z p �Q clj w LL WAXWING i R-3, �P OFt • PARTRIDGE R-P WILLIAM DR W.SHAULIS RD HAULIS RD N South of 4245 West 4th Street W .E Final Plat s Kasim Mustedanagic 1,000 500 o ,.000 . . Feet Page 516 of 693 FINAL PLAT MUSTEDAN FIRST ADDITION OWNER/PROPRIETOR: KASIM MUSTEDANAGIC A RE P L A T OF LOTS 3, 4 AND PART OF 2 PROPERTY ADDRESS: 4200 BLOCK 4TH ST., WATERLOO, IA 50701 KENN DAHL FIRST ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA LEGAL DESCRIPTION: NOTES: Lots 2, 3 and 4, Kenn Dahl First Addition to the City of CURRENT ZONING = R-1 I (33) AUGUST 2020 Waterloo, Black Hawk County, Iowa except Parcel K recorded in File 2020-00010332 and except Parcels L and M recorded SETBACKS: in File 2021-00001843, all in the Office of the Recorder, FRONT YARD: 30 FEET Q\ \ \ P00' m Black Hawk County, Iowa. SIDE YARD: 10% OF LOT \S r N ANY SHALL NOT WHICH E IREQUIRED SE I *ONN OpN TO EXCEED 15 FEET FOR I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TWO FAMILY DWELLINGS REAR YARD: 30 FEET PARCEL 'M" �� S\ p00 �y - - - - - - - - - - - \�NN0 S89°36'11"W 145.64' I E I n Lo x I ----------------- ---------------; C> 30' S.B. c o QP CD U) I m VQ\ z = o l IN3p 0 SIN WZa \Q\ZtpO ' n rn .'n I n Nm p —a MQrj\`GQPA\PC 1 O » 'E m 10' S.B. N89°36'11"E 156.44' I A I O 1 CA T o 15' S.B. a C3 `ro AIDIN WAY -/ o w (PRIVATE DRIVE) \\ ���$Q����. M o 0 145.64' E o n N89'36'1 1"E 162.09' ac / N I o .`1 .3 CO Ll� z NJ CR \ m/L 1 /L 1 _ _ \cl � Ok a \ a 35' S.B. - - - - MVS\01J \ f L \ I � 8' UTILITY �0\ \S\ PO z L12 EASEMENTCD -3 N C� MOS\x`046 POLOS 30' S.B. o a o o n Q' 10' S.B. `' 30' S.B. \ o :n o N m a l ' Ilm� IZ� f \\ a �. z r a J 30' S.B. - - f cn I I o O I N , i I CA ' m _________________I N C7A f---------------- - ^ 15' S.B. 10' DRAINAGE � I I - /J EASEMENT L--L_--------]EASEMENT - - -- LEGEND: \ I L - - - - - - - - - - - - - - - - - - - - - - I- - - - - - - - - - - — — — — — — — — — —i - w FOUND SECTION CORNER AS NOTED 140.01' FND. i/2" 162.09' A SET SECTION CORNER AS NOTED REBAR W/ S89002'38"W 302.10' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ m � w - • FOUND 5/8" REBAR W/YELLOW CAP ILLEGIBLE I I iv EASEMENT #17929 UNLESS OTHERWISE NOTED YELLOW CAP \ O SET 1/2" REBAR W/YELLOW CAP \ / LQ 25 #17929 UNLESS OTHERWISE NOTED \ \ `. ( ) RECORD BEARING/DISTANCE Q\2$ \ 1 ��. 0\26 A.U.E. = PRIVATE ACCESS & UTILITY EASE. S.B. = SETBACK PRESENTLY ESTABLISHED $O �• PU� Sc� Dated: 10/(3/2020 Revised: 2/8/2021 EAST RIGHT-OF-WAY LINE OF W. 4TH ST. 1 I I hereby certify that this land surveying document was o,, +NL LAND S prepared and the related survey work was performed by me orunder my direct personal supervision and that I am a duly G licensed Profet15ssional Land Surveyor under the lows of the This Plat or Subdivision has been reviewed o JEFFREY R. tote f Iowa. by the City of Waterloo, Iowa. o� HUTTON z -�/�.� {2 SCALE: 1" = 50' 17929 JEFFREY R. BUTTON LICENSE NO. 17929 DATE My license is subject to renewal on Deceilber 31, 2021. SHEET ND. 0' 12.5' 25' 50' Zoning Administrator or Designee Date IOw P Fnis certification applies only to the page upon which it appears. 1 Of 1 Great Plains Survey, Inc. FILENAME:O:\201066\Cad\Plats\Mustedan_First_Final_Plat.dgn MODEL:Project Overview DATE:2/8/2021 9:51:36 AM Page 517 of 693 DEED OF DEDICATION OF MUSTEDAN FIRST ADDITION, A REPLAT OF A PORTION OF KENN DAHL FIRST ADDITION, CITY OF WATERLOO,BLACK HAWK COUNTY, IOWA. KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Kasim Mustedanagic and Fahira Mustedanagic, husband and wife, and Asim Mustedanagic and Mersiha Mustedanagic, husband and wife, being desirous of laying out and platting into lots and tracts the real estate described in the attached Surveyor's Certificate by Jeffrey R. Hutton, L.S., of Great Plains Survey, Inc., dated the day of , 2020, does, by these presents, designate and set apart the aforesaid premises as a subdivision of the City of Waterloo,Black Hawk County, Iowa,the same to be known hereafter and called Mustedan First Addition, A Replat of a Portion of Kenn Dahl First Addition, City of Waterloo, Black Hawk County, Iowa, all of which is with the free consent and desire of the undersigned. The owners do hereby grant and convey to the City of Waterloo, its successors and assigns, and to any private corporation, firm or person famishing utilities for the transmission and/or distribution of water, sanitary sewer, gas, electricity, communication service or cable television,perpetual easements for the erection, laying, building and maintenance of said services over, across, on and/or under the property as shown on the attached plat. BE IT ALSO KNOWN that the undersigned do also covenant and agree for themselves, its successors and assigns, that each and all of the lots in the said subdivision shall be, and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were set forth and contained in each deed of conveyance or mortgage that the undersigned, or its successors in interest, may hereafter make for any of the said lots, and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in the particulars hereinafter stated, to-wit: RESTRICTIONS 1) All lots in said Addition shall be used for residential purposes only. No structure shall be erected or located thereon other than one or two family dwellings not exceeding two stories in height with a private attached garage, or garages. The building requirements of structure and living units shall be governed by the R-P zoning regulations of the City of Waterloo. 2) Any lot may be split or divided to provide for more lot area when added to an adjoining lot,but no dwelling shall be built or maintained on any partial lot or combined partial lots unless the building site contains 7200 square feet or more and the frontage of a lot meets all City requirements. 3) No single family dwelling shall be constructed,permitted or occupied on any lot herein having square footage floor space, designed, intended and constructed for living quarters, Page 518 of 693 which space shall not include cellars, attics, garages, breezeways,porches, stoops, and other such non-living areas, of less than 1,300 square feet for single story residences. Construction on any lot may include townhomes or bi-attached dwellings with a common wall, as long as each dwelling unit meets the required square footage as provided in this paragraph. 4) Each single family residence shall have a minimum two-car attached garage with a minimum of 400 square feet. 5) No building shall be erected on any lot nearer than the building line shown on the plat, and all setback lines as shown on the attached plat shall govern the construction of any building in the subdivision. 6) No concrete block, hollow tile construction, this is not to prohibit what is commonly known as "ICF" custom home construction provided the exterior finish is covered with typical exterior materials. Earth berm homes,manufactured homes known as double wide mobile homes and what is known as "Geo-Desic Dome Homes" are not to be erected on any lot. 7) No old or used buildings shall be moved upon any of the lots in said Addition for any purpose and all buildings on any lot in said Addition shall be kept in a reasonable state of repair and upkeep. 8) Storage sheds will be allowed on any lot at a size no greater than 144 square feet. ie. 12'x12' or 10'x14' matching the materials, style and colors of the home built to be approved by the developers or assigns. 9) All fencing must be "professionally"installed and be of vinyl (not chain link Vinyl coated), or natural wood materials in keeping with the style of the dwelling on the lot. . All fences installed are to be installed 1' inside the lot line and all supporting fence posts shall be to the inside of the lot owner's property. No snow fencing of any type or nature, barbed wire or woven wire, shall be permitted at any time on any lot within this subdivision unless approved by the Homeowners Association. 10) All exterior lighting must be shielded to prevent glare or annoying emission of light which unreasonably affects any other lot. No radio station or short-wave operators of any kind shall operate from any lot which shall cause interference with audio or visual reception upon any other lot. No exterior radio antenna shall be erected or maintained in or on the property. No satellite TV antenna or"dish"may be maintained, constructed or erected on any lot unless it is constructed in the rear yard or rear portion of the roof. Dish unit must be less than 24" in size or less and at least seven (7') feet from any property line. 11) The owner of each lot,vacant or improved, shall keep his lot or lots mowed and free of weeds and debris. Page 519 of 693 12) No obnoxious or offensive trade of activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 13) No residence shall be used as a place of business unless it is what is known as a home business and retail traffic is not a regular occurrence. 14) All approaches located on City right of way shall be constructed of concrete per city code. All driveways in said addition shall be constructed of a permanent hard surface, such as concrete, asphalt,brick,pavers or other similar hard surface. We would suggest and encourage that an extra 10' x 20' concrete pad be provided if no 3rd stall garage is being built with the home to provide for additional off street parking. This must meet the city of Waterloo site code requirements. 15) No dwelling on any lot in said Addition shall be occupied until the exterior is substantially completed and the interior substantially completed, finished and an occupancy permit is issued by the building department officials in City of Waterloo, Iowa. 16) No animals including poultry,rabbits or livestock may be kept or housed on any lot or part thereof, except that pets, not to exceed two animals may be kept at each dwelling house; such animals shall be none other than dogs or cats. This restriction is not to apply to house birds, fish or other small pets that are commonly kept in cages or aquariums indoors.Nor shall any doghouse, kennel or dog run be maintained on any lot in said subdivision. 17) The storage of trailers of any kind, whether camping, boat,house, utility, or otherwise, or any bus, semi-tractor, trailer,recreational vehicle, or truck of any kind except what is commonly described as a"pickup truck" or"passenger van" shall not be permitted on any lot or street within the subdivision.,unless kept entirely enclosed in a permanent garage or parked on a paved area no closer to the front lot building line setback and no closer to the side lot line than five (5) feet.. "Storage" for purposes of this restriction means that either the vehicle or trailer does not have a current license or that it is left open to view from adjacent properties for a length of time greater than 48 hours. However,this prohibition shall not apply to such vehicles driven in the said subdivision in pursuit of and conducting their usual business or contractor use in the construction of homes in the subdivision. 18) Landscaping will be required to be completed within 12 months of issuance of the building permit. 19) A perpetual easement is reserved along the lot lines of said lots as shown by the recorded plat for storm water drainage and utility installation and maintenance. There shall be no fences, buildings, large plantings or other obstructions upon or under the property covered by these easements, so that access if available for any equipment Page 520 of 693 and/or persons necessary for the construction,reconstruction or maintenance of said utilities and/or drainage ways. 20) Any footing drain tiles,roof leaders or sump pump systems installed in conjunction with the construction of a residence shall be expelled into the front or rear drain tile system and shall not be expelled into any sanitary sewer system or onto the street. All sump pump lines are required to be connected to the city storm sewer system as per the city building code requirements in effect at the time of construction. 21) It is the responsibility of the contractor or owner to verify the depth of the sanitary sewer service lines serving said lot to insure minimum drainage will be met prior to any footing or foundation work is installed. Developers have made effort to make sure that all lots have suitable soil conditions for building and basement depth but no guarantees are made or implied. 22) All electrical transmission lines and service entrances, cable television or other transmission lines and all telephone lines and services shall be installed underground on all lots in this subdivision. 23) Each person or entity who is an owner of record of a fee or undivided fee interest in any lot shall be a member of the Mustedan First Addition Homeowners Association. This shall not be construed to include persons or entities whom hold an interest merely as security for performance of an obligation. There shall be one vote per lot and each lot owner. Membership shall be appurtenant to and may not be separated from ownership of any lot; ownership of such lot shall be the sole qualification for membership. 24) The annual dues for the Association shall initially be set at$100.00 per lot per year beginning January 1, 2021. The Developers shall be exempt from any dues expense and will run the Association until 75% of the lots are sold and have completed homes with certificate of occupancy issues. The Association shall have the ability and authority to adjust annual dues as it deems appropriate to carry out the maintenance duties as described including all tract parcels and wetland designation. The Association shall have the ability and authority to adjust annual dues as it deems appropriate to carry out the maintenance duties as described and make additional changes to the restrictions set forth herein. 25) The purpose of the Mustedan First Addition Homeowners Association shall be to own and maintain common areas and green spaces of the development, and also the maintenance of the Access and Utility Easement, as shown on the final plat. The Association shall be a non-profit unincorporated Association with activities as set forth in the Bylaws of the Association. 26) The undersigned and all persons and corporations hereafter acquiring any right,title, or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all Page 521 of 693 of the foregoing covenants,restrictions and stipulations as to the use and construction or building thereon, for a period 21 years from the date of filing of said plat, and this deed of dedication for record. Within the period of 21 years and in accordance with the Iowa Code §614.24 and §614.25 (Code of Iowa) or their successor provisions,these covenants, restrictions and stipulations may be extended for an additional period of 21 years upon compliance with §614.24 and 614.25 of the Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of 21 years or successive 21-year periods, then the covenants,restrictions and stipulations contained herein shall terminate at the end of the existing period of 21 years. 27) All buildings erected on any lot in said Addition shall be constructed in accordance with the Building, Plumbing, and electrical Codes of the City of Waterloo, Iowa. 28) If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein,it shall be lawful for any other person or persons owning property in said Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and for the purpose of preventing such acts or to recover damages for such violations, or both, and for costs and reasonable attorney's fees as determined by the Court. 29) Invalidation of any of these covenants by judgment, decree or court order, shall in no way affect any of the other provisions of this dedication and such other provisions shall remain in full force and effect. EASEMENTS The owners do hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm of person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, gas, electricity, communication service or cable television,perpetual easements for the erection, laying, building and maintenance of said services across, and the conveyance of storm water, on and/or under the property as shown on the attached plat. TRACTS Outlot A is set aside as a private access easement for all lot owners. Outlot A shall be maintained by the property owners. Page 522 of 693 Kasim Mustedanagic Fahira Mustedanagic STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) This document was acknowledged before me on , 2020, by Kasim Mustedanagic and Fahira Mustedanagic, husband and wife. Notary Public for the State of Iowa Asim Mustedanagic Mersiha Mustedanagic STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) This document was acknowledged before me on , 2020, by Asim Mustedanagic and Mersiha Mustedanagic, husband and wife. Notary Public for the State of Iowa Page 523 of 693 SURVEYOR'S CERTIFICATE I,Jeffrey R. Hutton, Professional Land Surveyor, do hereby certify that I have made a survey of what is to be known as MUSTEDAN FIRST ADDITION,Waterloo, Black Hawk County, Iowa, which is located on and embraces the following described premises,to-wit: Lots 2,3 and 4, Kenn Dahl First Addition to the City of Waterloo, Black Hawk County, Iowa except Parcel K recorded in File 2020-00010332 and except Parcels L and M recorded in File 2021-00001843,all in the Office of the Recorder, Black Hawk County, Iowa. 1 hereby certify that thls lord surveylng doojwt ws prepared ora the relmed ew'vey work was wforw by" or Under a direot personal sup"Islon and that 1 on a duly IlW40 tad/Strveyor aider the lata of the state fof low. HU JEFFREY R. o HU T'COH 0929 JEFFREY 9. NUTION LICENSE k0. 17929 DATE " + Ib I IMW is&bjecf to rmmI on Dec~31. 2011. low A Tnls aerftffoation cppf+es only to the page Upon which It appears. Page 524 of 693 CITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 •Phone(319)2914312 Fax(319)291-4262 Email:city.engineer@waterloo-ia.org ' JAMIE KNUTSON,PE • City Engineer February 9, 2021 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT MUSTEDAN FIRST ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis J. Gentz, P.E. Assistant City Engineer An Equal Opportunity/Affirmative Action Employer South of 4245 West 4th Street — Plat 1, K ( �( k- l SII II����i�`li Looking southwest along proposed plat. Looking south along West 4th Street. Page 526 of 693 �f �q r ��iltlll�mtMlBi¢N�IRAIIHIM,imV�P����llNi���61hMl�tlit���ItlYimc mlYtllll'hh"""dlr«II y""'I�Ilur -Nr1l�i � _,a� - K� 1A1 _ M' AMW Looking south from the north side of the plat. House 4245 I Ih Street. Page of 693 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: C a. Applicant's Name(please print): Kc(511M to U54-QAGU\C;,.c11 c_ Address: 3 5 Ll S P-k L),k rA_�_e_l d Or. Phone: IJ 3 1 C1- 109----1CtZ6 City: VJ; of da State: ==^ Zip: Sb---a i 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: City: State: Zip: 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): /�t-c� C��S kv u CAN' �-. Primary Preparer's Name: A as l,V" Phone: 31 a 1_(0 L(-3ri Z G E-mail: c,c c,._ C_ 3. PROPERTY INFORMATION: a. Name of Plat: tAU S+,edG " r� r�1i1 � ov► b. General Location of Property: V\ kAJ1_kktcJ V, Z' c. Area of Proposed Plat: (,►}3a� d. Area of Proposed Plat to be dedicated/conveyed to the City: e. Value of area to be dedicated/conveyed to the City: f. Zoning District(s):_ R-\ 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z (p�Ot City Council b. Six(6)copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. (also submit a digital copy of the plat in PDF format) c. Three(3)copies of Deed of Dedication(must be original signatures) d. Three(3)copies of all Contract,Petition and Waiver forms(must be original signatures) e. Three(3)copies of Certificate of Survey(must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improvements: X Estimate_Actual Total Cost Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ TOTAL $ -3 Z� The Request Fee of$215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved.Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and penalty of perjury that all information on this request and submitted along with it is true and correct. All information will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision.The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. /4 arm A, I/ 1„_ (3 ignature of Applicant Date S gmture of Owner Date Page 528 of 693 Legal Description: Lots 2, 3, and 4, Ken Dahl First Addition to the City of Waterloo, Black Hawk County, Iowa except Parcel K recorded in file 2020-00010332 and except Parcels L and M recorded in File 2021-00001843, all in the Office of the Recorder, Black Hawk County, Iowa. Page 529 of 693 CITY OF WATERLOO Council Communication Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a"M-2,P"Planned Industrial District to relocate three buildings on an approved site plan to another location is minor and shall be approved as a Minor Site Plan Amendment, located at 1246 Martin Road. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Site Plan Backup Material Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a"M- SUBJECT: 2.P" Planned Industrial District to relocate three buildings on an approved site plan to another location is minor and shall be approved as a Minor Site Plan Amendment, located at 1246 Martin Road. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Transmitted is a request for concurrence with the City Planner that the proposed change to an approved site plan within a"M- 2,P"Planned Industrial District to relocate three buildings on an approved site plan to another location is minor and shall be approved as a Minor Site Plan Amendment, located at 1246 Martin Road. The approved site plan shows three storage buildings located to the south and west of the main building on the site and now the buildings are located Summary Statement: further north and west of that building. The original site plan showed buildings similar in size. The property owner has already constructed the buildings, which two are 30' x 39' (1,170 square feet) and another is 30'x 80' (2,400 square feet). The buildings are located within the Zone AE 100-year floodplain and they will need to turn in information that the buildings will meet the floodplain standards. Therefore, staff requests concurrence that the proposed changes to the site plan are a minor change. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning and Land Use, Economic Development, Strategic Plan Goal 1, 3, and 4. Background Information: Page 530 of 693 Legal Descriptions: Brock Third Addition, Lot 1, Waterloo, Black Hawk County, Iowa Page 531 of 693 II ^^ O I o 10 11 1 � I I 9 w m FRO'RW'c u�i' I _ I INCH 30 FEET w a V SIDESLOPFS: 5:1 ¢ V, LEGEND: DEN6TE5 ET.ECTRIC IJNE >, > j DENGTEs GAS LINE y„ DEITOTEs CABLE TV LINE caN :v DENOTES FIBER OPTIC UNE //� O Q DENOTES TELEPHONE UNE N N Tl W DE CHEFS WATER DENOTES SANITA YNSEWER LINE DENOTES STORM SEWER LINE ITENG CONTOUR LINE —000—-DENOTES PROPOSED CONTOUR UNE / / / / / ¢ � I •00200 -DENOTES TDP OF FINISHED GRADE � / i/// // // -� � ♦ non DO, -DENOTES FINISHED GUTTER GRADE DENOTES TOP OF CURB FINISHED GRADE a UnuTY NOTES: 1.UNDERGROUND OTTER 1E5,STRUCTURES,AND YS AND z / / A -0^ _ RHhVEECO BEEN PLOTTED FROM AVAILABLE SURVEYS AND 4 /// / // // RECORDS,AND TUFREFORE THEIR LOCATIONS MUST BE z Z o =N= I CONSIDERED APPROXIMATE ONLY.ITIS POSSIBLE THERE MAY BE OTHERS,THEIR EXISTENCE OF WHICH ISPREo o COENTLY N07 KNOWN OR NTRACTOR'S RESPONSIBILITY SHOWN. COTO DETERMINE THEIR a EXISTENCE AND EXACT LOCAnON AND TO AVOID DAMAGETHERE TO. ¢9 I O O�W/-I Y /////// !'1 6' _—`— _-- ,I I } Z.CONTRACTOR SHALL CONTACT RESPECn4E UTUTY I Pi T. (E _ CDMPANIES TO HAVE UNDERGROUND UTILITIES LOCATE I - - _ _ ___ ON THIS SITE ANn ADJACENT TO THIS SITE PRIOR TO o I STO GE PROPOSED LAKE ////// I 6U1 _IN I I 19' 19 24 19' � DOING ANY EXCAVATING. o AND STORMWATER oNe9a xsUNDERGROUND LacnnQN�ERv cF. DETENTON AREA //�// �'° _ I� I j GENERAL NOTES: 1. ALL CON57RUCSHALL ALL BE IN ACCORDANCE WTH THESE It _ II PLANS,THE OWNER'S REQUIREMENTS,THE REQUIREMENTS DF THE CITY OF WATERLOO,IOWA.IF REQUIREMENTS DIFFER,THE MORE RESTRICTIVE REQUIREMENT SHALL APPLY. 2. THE CONTRACTOR SHALL PROVIDE ALL REQUIRED TRAFFIC CONTROL, BARRICADES.FENCING AND SUCH ADDITIONAL SAFEGUARDS,SAFETY �pii DEVICES,AND PROTECTIVE EQUIPMENT,AND TAKE SUCH ACTIONS THAT 75m V ARE NECESSARY TO PROTECT THE LIFE AND HEALTH OF HIS/HER EMPLOYEES AND THE PUEUC IN THE VICINITY OF ALL CONSTRUCTON WORK AREAS. 3. ALL EXCAVATIONS TO BE BACKFILLED WITH BEDDING MATERIALS AND SUITABLE BACKFILL IN EVEN LIFTS HAVING MAXIMUM LOOSE THICKNESS'OF B INCHES AND CCMPACTED TO 95%OF STANDARD FUTORE PROCTOR OL:NMTY AT-2 TO+3R CPTIMUM MCIMRE. I I l I STORAG�c I J �- �// I 6UIL[)iNG I Rs2s asa6o 4. ALL SUR RACE TO BE PAVED IN BB"UILT UPON SHALL MI SCARIFIED,LUT, _ FILLED AND COMPACTED IN MINIMUM LIFTS TO A MINIMUM UF 9Bx OF STANDARD PROCTOR DENSITY AT-2 TO+3S OF OPTIMUM MOISTURE,OR jCK AS REQUIRED BY THE OWNER. EL II F TORE s ' a,sT RAGE a I e LDIN(" I U (LC C C I I ri A KI SE AGK I N ;f", II 5T0 R E I z 19 I td rL 0 SIDESLOPES: 5:1 I ©uIL lac S " CL ,, 0 (TYP.) j m IC C L-------- --- I I o 0 .2 U 0 C T- F V I 0 c s eet C2.1 Page 532 of 693 CITY OF WATERLOO Council Communication Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a"R-3,R-P"Planned Multiple Residence District to change the approved use of a veterinary clinic to a medical office and beauty salon is minor and shall be approved as a Minor Site Plan Amendment, located at 968 Home Plaza. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Aerial Photo Backup Material ❑ Plat of Survey Backup Material ❑ 1985 City Council Resolution Backup Material Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a"R-3,R- SUBJECT: P"Planned Multiple Residence District to change the approved use of a veterinary clinic to a medical office and beauty salon is minor and shall be approved as a Minor Site Plan Amendment, located at 968 Home Plaza. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted is a request for concurrence with the determination of the City Planner that the proposed change to an approved site plan within a"R-3,R- P"Planned Multiple Residence District to change the approved use of a veterinary clinic to a medical office and beauty salon is minor and shall be approved as a Minor Site Plan Amendment, located at 968 Home Plaza. The agent representing the property has an interested tenant that would like to establish a chiropractor's office, and a part of the property is also being used as a beauty salon. The property was specifically approved as a vet clinic in May of 1985 and that use requires one parking space per each 250 square feet, excluding animal exercise areas. The building is 1,988 square feet and eight parking stalls are needed for a vet clinic. Changing the use from the vet Summary Statement: clinic to a medical office requires one parking space for each 200 square feet of floor area and up to ten parking spaces may be needed for the chiropractor's office. There are nine parking stalls on the site, which is one deficient, but the tenant is working on a floor plan and the Zoning Ordinance allows areas used only for mechanical, storage, warehousing or other similar uses may be excluded. The Planned Multiple Residence District does allow for flexibility in parking requirements and possibly being deficient one stall would not appear to negatively impact the area. The building being used for a beauty salon has 12 parking stalls, and requires 2 spaces per chair, which the site exceeds. Page 533 of 693 Therefore, staff requests concurrence that the proposed change in use is a minor change. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning and Land Use, Economic Development, Strategic Plan Goal 1, 3, and 4. Background Information: Legal Descriptions: Home Plaza Addition, Lot 5, Waterloo, Black Hawk County, Iowa Page 534 of 693 l_ a A- (I I `f • s T� ���erloo `off _ Page 1 of 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ai Doc ID: 010039230002 Type: GEN Cn Recorded: 01/04/2021 at 11:18:33 AM ti Fee Amt: $12.00 Page 1 of 2 a) Black Hawk County Iowa -v SANDIE L. SMITH RECORDER INDEXLEGEND 0 File202 1-00013902 General Description: Part of Lot 5,Home Plaza Addition,Waterloo � Surveyor: Kyle J.Helland Surveying Company/ Helland Engineering&Surveying,Ltd. o Return To: 6109 Chancellor Drive v Cedar Falls,Iowa 50613-6916 0 (319)-266-0161 0 Z Survey Requested By: Matt Miehe c Proprietor: Taylor Real Estate Holdings LLC p p g "UNPLATTED" (EAST 246.01)a,(DUE EAST 246.07)6,(S 89°4832"E 246.06)c -------------------------------DUE EAST 246.1'-------------------- DUE EAST 127.75' --- --= 118.35' - - - - - - - - - - - - - -I rl I NELY CORNER LOT 5-7 �r /8-DRAINAGE&UTILITY EASEMENT FOUND N0.4 REBAR (PLATTED) w wIBROKEN ILLEGIBLE YPC 13: �l FOUND NO.4 REBAR „ „ o (ASSUMED BEARING) CD w/OPC#6505 PARCEL G C3 co 7,800 SQ. FT. o DUE EAST io , Z I PROPOSED EXCLUSIVE PARKING EASEMENT 41.6 i i I 615 SQ.FT. I 1 SET CUT"X”IN P.C.C.PAVEMENT S 39032'W 23.35/ I 1 I DUE WEST 127.75' ---_ 26.75' _ CSC 58.11 DUE EAST 137.6' r O_�I II I ' HOME PLAZA ADDITION" WATERLOO 1 ---- DUE WEST 101.15' --" LOT 5 a I C00 CD PROPOSED INGRESS/EGRESS EASEMENT p rn o I oti 3: 4,865 SQ.FT. Zoo I z �� S 39032'W 25.95' Z-? I 20.0' a'o 5'DRAINAGE& � SEE SHEET 2 FOR DESCRIPTION OF PARCEL"G"&LEGEND Z i I LO UTILITY EASEMENT L (PLATTED) � I ai 1 i I It ADDRESS: i I 968 HOME PLAZA o DUE WEST 22.8,/' i WATERLOO,IOWA 50701 -Ti 5' i ti LOT4 i 5'I-- ��� 2p0 Cb \ ~ DUE WEST 24.15' FOUND NO.4 REBAR o I w/OPC#6505(DISTURBED,DID NOT UTILIZE) I o 0.5'EAST OF SET MONUMENT I � Z I HOME PLAZA CD I o (60'R.O.W.) This PI o Sub ' �n ht's been reviewed b Ci /County). CD o ~� z I FOUND NO.4 REBAR Signature of(City/County) Date Ordinance Administrator (BEARINGS ARE ASSUMED) THIS SURVEY MEETSIOR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 15' 30' 60' HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#23212 6109 Chancellor Drive (00)RECORDED AS FILE NAME: 20-226.DWG Cedar Falls,Iowa 50613-6916SCALE: 1"=30' PROJECT#20-226 DRAWN BY:JPH (319)-266-0161 SHEET 1 OF 2 OPCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) I hereby certify that this land surveying document was prepared PLAT OF SURVEY �p,� L ANS and the related survey work was performed by me or under my \p °°,°°°° °°° direct personal supervision and that I am a duly licensed OF � o ° G Profes o al Land Sury yor under the laws of the state of Iowa. PART OF LOT 5 LU KYLE J. °° 7v �,g'x -P /�// /1 / "HOME PLAZA ADDITION" u- e HELLAND o m Kyle .HeTla 23212 0< Liccense Number 23212 WATERLOO, BLACK HAWK COUNTY, IOWA °°°°°°°°°° � All pages or sheets are covered by this sea except: FOR /OW Pk TAYLOR REAL ESTATE HOLDINGS LLC Page 2 of 2 THIS PLAT REPRESENTS A SURVEY OF PARCEL"G" That part of Lot No. 5 in"Home Plaza Addition"to the City of Waterloo, Black Hawk County Iowa,described as follows: Beginning at the Northwest corner of said Lot No. 5, point being a found 1/2"rebar with license#6505; thence along the North line of said Lot No. 5 Due East a distance of 127.75 feet to a set%2"rebar with license #23212; thence South 000003/' East a distance of 61.05 feet to a set cut"X"in P.C.C. pavement; thence Due West a distance of 127.75 feet to the West line of said Lot No. 5, point being a set 1/2"rebar with license#23212; thence along said West line North 00°00% West a distance of 61.05 feet to the point of beginning. Containing 7,800 sq.ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The North line of said Lot No. 5 is assumed to bear Due East for this description. Parcel letter approved by County Auditor's Office Date of Survey: 12/07/2020 DESCRIPTION OF PROPOSED INGRESS/EGRESS EASEMENT That part of Lot No. 5 in"Home Plaza Addition"to the City of Waterloo, Black Hawk County Iowa,described as follows: Commencing at the Northwest corner of said Lot No. 5, point being a found 1/2" rebar with license#6505; thence along the West line of said South 00000%' East a distance of 61.05 feet to a set 1/2"rebar with license #23212; thence Due East a distance of 58.1 feet to the point of beginning; thence continuing Due East a distance of 137.6 feet to the Easterly line of said Lot No.5; thence along said Easterly line South 39°32'West 25.95 feet; thence Due West a distance of 101.15 feet; thence South 00°06%'West a distance of 57.95 feet; thence South 34°02'West a distance of 55.4 feet to the South line of said Lot No.5; thence along said South line Due West a distance of 24.15 feet; thence North 34002'East a distance of 62.8 feet; thence North 00006%' East a distance of 71.85 feet to the point of beginning. Containing 4,865 sq.ft. Note: The North line of said Lot No. 5 is assumed to bear Due East for this description. Said easement shall be adjoining and contiguous with above described Parcel "G"as shown. DESCRIPTION OF PROPOSED EXCLUSIVE PARKING EASEMENT That part of Lot No. 5 in"Home Plaza Addition"to the City of Waterloo, Black Hawk County Iowa,described as follows: Commencing at the Northwest corner of said Lot No. 5, point being a found 1/2" rebar with license#6505; thence along the West line of said South 000003/' East a distance of 61.05 feet to a set 1/2"rebar with license #23212; thence Due East a distance of 127.75 feet to a set cut"X" in P.C.C. pavement, point also being the point of beginning; thence North 00°00%'West a distance of 18.0 feet; thence Due East a distance of 41.6 feet; thence South 39032'West a distance of 23.35 feet; thence Due West a distance of 26.75 feet to the point of beginning. Containing 615 sq.ft. Note: The North line of said Lot No. 5 is assumed to bear Due East for this description. Said easement shall be adjoining and contiguous with above described Parcel "G" and above described Ingress/Egress easement as shown. PARCEL "G" LOCATION MAP(NTS) LEGEND 5 w - RADRAEL 9 E a �, g W W � g (0.0)a PER"HOME PLAZA ADDITION"FINAL PLAT DATED 06/30/1983 z = AN OR E%CfESOR LFF EXLEL90R LN (0.0)b PER PLAT OF SURVEY 338 MISC.375 DATED 05/1612000 RAS � m M °� ""�R, 10WR PAR[DR rOv,ER Pp• DR s� (0.0)c PER PLAT OF SURVEY#2009-9560 i E.,n °�` —ER°_ - DATED 10/2012008 20 HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG WORANGE PLASTIC CAP#23212 6109 Chancellor Drive (OO)RECORDED AS FILE NAME: 20-226.DWG (319)-266-l 319)266-0161 a 50613 6916 SHEET 2 OF 2 OPCPLASTIC C/AP(O=ORANGEJR=RED,Y=YELLOW)ECT#20-226 RAWN BY:JPH PLAT OF SURVEY OF PART OF LOT 5 "HOME PLAZA ADDITION" WATERLOO, BLACK HAWK COUNTY, IOWA FOR TAYLOR REAL ESTATE HOLDINGS LLC RESOLUTION NO. 1985-230 LOT :FIVE (5), ME PTAZA ADDITION. _t. R , Jerry S. UnWerder has Provos& that the Council of the City of ilaterloo, kwe, apDrove a site plan ameent for E..ot Five (5), Home Plats. Addition for construction of a sgia:ll animal veterinary clinic for a tract of lard zoned "R-3", "R-P" Planned residence District, and gra EAS, a public hearing was TJaaived b7 the Cite Council date to the insignificance of the nature of said irentioned site plan amendment, and WpEp7AS, it is the opinion of this Council that said site plan amendment should be aparov& as Dronosed, now, therefore, BE IT =1'�'4�WED BY THF CITY CMICIL OF Waw] GITY OF 'ATEtlW, 1%.-.., that the site plan amenim nt 'for Lot Five (5), Nome Plaza Addition 'for construction of a small animal veterima y clinic for a tract of land zoned ''W", "�.�-P" Planned Pesidence District, be and the same is hereby improved. Passed and adopted this 20th day of Mater, 19Z;5, and approved ,�T Kayor this 22nd, day of May, 1985. ilei 3�ers, ``layCS ATTEST: ger, or Page 538 of 693 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with Northern Natural Gas Company, in conjunction with the FY 2021 E. Shaulis Road Trail Extension Project, Contract No. 1012, and authorizing the Mayor to execute said document. City Council Meeting: 3/1/2021 Prepared:2/17/2021 Resolution approving an Encroachment Agreement with Northern Natural SUBJECT: Gas Company, in conjunction with the FY 2021 E. Shauhs Road Trail Extension Project, Contract No. 1012, and authorizingthe e Mayor to execute said document. Submitted by: Submitted By:Matt SchindeL Associate Engineer Source of Funds: City plans to construct a 10-ft wide concrete walking and bicycling trail, along with associated grading work, upon and within a portion of the Background Information: confines of Northern's Easement as depicted on Exhibit"A". Please see attachment for Agreement and Exhibit A. Page 539 of 693 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of$97,500, in conjunction with the Five Sullivan Brothers Convention Center Second Floor Meeting Rooms and Adjacent Lobby Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Prof Sery Agreement- 5 Bros 2nd Floor Backup Material Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of$97,500, in conjunction with the SUBJECT: Five Sullivan Brothers Convention Center Second Floor Meeting Rooms and Adjacent Lobby Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: Agreement(see attached) Source of Funds: G.O. Bonds -Five Sullivan Brothers Convention Center Page 540 of 693 OM F h f) i41�11..Q1,n.� ® - . AI Document B101 ' - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twenty-sixth day of January in the year Two Thousand Twenty-one (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's Client identified as the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original City of Waterloo AIA standard form.An Additions and 715 Mulberry Street Deletions Report that notes added Waterloo,IA 50703 information as well as revisions to the Telephone Number: 319-291-4311 standard form text is available from Fax Number: 319-291-4296 the author and should be reviewed.A vertical line in the left margin of this and the Architect: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or I&S Group,Inc. (ISG) deleted from the original AIA text. 314 East 4th Street This document has important legal Waterloo,IA 50703 consequences. Consultation with an attorney is encouraged with respect Telephone Number; 319-234-1515 to its completion or modification. for the following Project: (Name, location and detailed description) Phase 3 Improvements: Five Sullivan Brothers Renovation of the Second Floor Meeting Rooms& Adjacent Lobby Space The Owner and Architect agree as follows. t Init. AIA Document$101"—2017.Copyright O 1974,1978,1987,1997,2007 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 16:18:58 ET on 01/28/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for ane-time use 1 only,and may only be used in accordance with the AIA Contract Documente Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: Pag@654406f 693 i l TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES i 3 SCOPE OF ARCHITECT'S BASIC SERVICES 1 4 SUPPLEMENTAL AND ADDITIONAL SERVICE'S 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK I i 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Renovation of the second floor meeting rooms and adjacent lobby at the Convention Center. § 1.1,2 The Project's physical characteristics: (Idents or describe pertinent information about the Project's physical characteristics,such as size; location; dimensions;geotechnical reports;site boundaries; topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site, etc) Renovate the existing second floor meeting rooms along with finish upgrades to the second floor lobby adjacent to the meeting rooms. The work includes new flooring,new ceiling,paint,light fixtures,minor mechanical rework,creation of new door entrances for egress,new room dividers,new wall finishes and new technology to align with the first floor meeting rooms. § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown) $1,000,000.00—construction cost estimate § 1.1.4 The Owner's anticipated design and construction milestone dates: AIA Document 13101'—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects,All rights reserved.The"American [nit. Institute of Architects,'"AIA,"the AEA Logo,and"AIA Contract Dncuments"are registered trademarks and may not be used without permission.This document Was produced by AIA software at 16:18:58 ET on 01/28/2021 under Order No.8114132283 which expires on 07112/2021,is not for resale,is licensed for one-lime use 2 1 only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes; (963459404) Page 542 of 693 .1 Design phase milestone dates,if any: Design is to start February 2021 and complete by May 2021. .2 Construction commencement date: Construction to commence July of 2021,exact date to be determined. .3 Substantial Completion date or dates: Not yet determined. .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements far accelerated or fast-track design and construction, multiple bid packages, or phased construction) Competitive bidding. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) N/A. § 1.1.6.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA Document E204Tm-2017,Sustainable Projects Exhibit,into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E204-2017 is incorporated into this agreement,the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1,7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information) Quentin Hart,Mayor 715 Mulberry Street Waterloo,IA 50703 § 1.1.5 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) Noel Anderson Greg Ahlhelm Michelle Weidner § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) Init. AIA Document 13101TM—2017.Copyright m 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.Ail 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 3 produced by AIA software at 16:18:58 ET on 01128/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use t only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: PagEP54134&693 x i x v l i. i .1 Geotechnical Engineer: NIA .2 Civil Engineer: 3 NIA i l 1 "3 Other,if any: i (List any other consultants and contractors retained by the Owner.) j § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: , (List name, address, and other contact information) Nathan Compton,Architect/Project Manager 314 East 4th Street Waterloo,IA 50703 Telephone Number:319-234-1515 i § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: .2 Mechanical Engineer: .3 Electrical Engineer: § 1.1.11.2 Consultants retained under,Supplemental Services: None to date. § 1.1.92 Other Initial Information on which the Agreement is based: Init. AIA Document B101"—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute o1 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 4 produced by AIA software at 16:18:58 ET on 01/28/2021 under Order No.8114132283 which expires on 07112/2021,is not far resale,is licensed for one-time use 1 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: (963459404) Page 544 of 693 § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202'ym-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2,2 The Architect shall perform its services consistent with the professional shill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00)for each occurrence and Two Million Dollars and Zero Cents($2,000,000.00)in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars and Zero Cents($1,000,000.00)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage !nit. AIA Document 5101--2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 16:18:58 ET on 01/28/2021 under Order No.8114132283 which expires on 07112/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Motes: Pagdg9W f6 693 s l s l 8 than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the , actual payment by the underlying insurers. 5 F § 2.5.4 Workers'Compensation at statutory Iimits, i § 2.5.5 Employers'Liability with policy limits not less than One Million Dollars and Zero Cents ($ 1,000,000.00)each accident,One Million Dollars and Zero Cents($ 1,000,000.00)each employee,and One Million Dollars and Zero Cents($ 1,000,000.00)policy limit. i § 2.5.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than Three Million Dollars and Zero Cents($3,000,000.00)per claim and Three Million Dollars and Zero Cents ($3,000,000.00 )in the aggregate. E' § 2.5.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as,an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. Y ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services.Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings,communicate with members of the Project team,and report progress to the Owner. l i § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of, services and information famished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services.The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming Work,made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for fling documents required for the approval of governmental authorities having jurisdiction over the Project. i AIA Document D101"—2017.Copyright p 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Init. Inslitute of Aechitecls,°"AIA,°the AEA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was 6 produced by AIA software at 18:18:58 ET on 01/28/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use ! only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes; (963459409) Page 546 of 693 § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes,and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,the proposed procurement and delivery method,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project,The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish,in general,their quality levels. § 3,3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4,1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the Inst. AIA Document 0101'-2017.Copyright©1974,1978,1987,1997,2007 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 7 produced by AIA software at 16:18:58 ET on 0112812021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use 1 only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail eopyright@aia.org. User Notes: Pag(V6474bf 693 1 further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and.Architect acknowledge that,in order to perform the Work,the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. i § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)procurement information that describes the time,place,and conditions of bidding, including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor;and(3)the Conditions of the Contract for Construction(General,Supplementary and other Conditions).The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and request the Owner's approval. § 3.5 Procurement Phase Services § 3,5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors.Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner in(1)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any;and,(4)awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by; .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders;if necessary, 3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda;and, .4 organizing and conducting the opening of the bids,and subsequently documenting and distributing the bidding results,as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions,upon the Owner's written authorization,the Architect shall, as an Additional Service,consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5,3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda;and, .4 participating in negotiations with prospective contractors,and subsequently preparing a summary report of the negotiation results,as directed by the Owner. AIA Document 131011--2017.Copyright a 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Inst. 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 16:18:58 ET on 01/28/2021 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 Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (963459404) Page 548 of 693 § 3.5.3.3 If the Proposal Documents permit substitutions,upon the Owner's written authorization,the Architect shall, as an Additional Service,consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction.If the Owner and Contractor modify AIA Document A201-2017,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6,1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4,2 and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services continences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed, will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor,and(3)defects and deficiencies observed in.the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents,Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated, installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. Init. AIA Document B101--20117.Copyright 01974,1978,1987,1997,2007 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 9 produced by AIA software at 16:18;58 ET on 01/28/2021 under Order No.8114132283 which expires on 07/1212021,Is not for resale,is licensed for one-time use I 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: PagE19646 693 11 I § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2)results of subsequent tests and inspections, (3)correction of minor deviations from the Contract Documents prior to completion,and(4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Ovmer to substantiate the Contractor's right to payment, or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Contractor's,submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. It1it AIA Document B101"--2017.Copyright @ 1974,1978,1987,1907,2007 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 10 produced by AIA software at 16:18:58 ET on 01/28/2021 under Order No.8114132293 which expires on 07/1212021,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@aie.org. User Notes: Pag 9s �4 0�693 § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shalt: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Contractor;and, .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum,if any,for fmal completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment; (2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project, (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 41.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Programming Not Provided—An Additional Service 4.1.1.2 Multiple preliminary designs Architect—In Base Fee 4.1.13 Measured drawings Architect—In Base Fee 4.1.1.4 Existing facilities surveys Not Provided—An Additional Service Inst. AIA Document B101x—2017.Copyright @ 1974,1978,1987,1997,2007 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 1 produced by AIA software at 16:18:58 LT on 01128/2021 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 Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User notes: PagogWrt40 693 Supplemental Services Responsibility Architect, Owner, or notrovade_d 4.1.1.5 Site evaluation and planning Architect—In Base Fee § 4.1.1.6 Building Information Model management Architect--In Base Fee res onsibilities § 4.1.1,7 Development of Building Information Models for Not Provided—An Additional Service post construction use 4.1.1.8 Civil engineering Architect—In Base Fee 4.1.1,9 Landscape design Architect—In Base Fee 4.1.1.10 Architectural interior design Architect—In Base Fee 4.1.1.11 Value analysis Not Provided--An Additional Service j § 4,1.1.12 Detailed cost estimating beyond that Not Provided--An Additional Service required in Section 6.3 4.1.1.13 On-site project re resentation Not Provided--An Additional Service 4,1.1.14 Conformed documents for construction Not Provided—An Additional Service 4.1,1.15 As-designed record drawings Not Provided—An Additional Service 4,1.1.16 As-constructed record drawin s Not Provided--An Additional Service 4,1.1.17 Post-occupang evaluation Not Provided—An Additional Service 4.1.1.18 Facility support services Not Provided—An Additional Service 4.1.1.19 Tenant-related services Not Provided—An Additional Service § 4.1.1.20 Architect's coordination of the Owner's Not Provided—An Additional Service consultants 4.1.1.21 Telecommunications/data design Architect--In Base Fee 4.1.1.22 Security evaluation and planning Not Provided—An Additional Service 4.1.1.23 Commissioning Not Provided-"An Additional Service § 4.1.1.24 Sustainable Project Services pursuant to Section Not Provided--An Additional Service 4.1.3 4.1.1.25 Fast-track design services Not Provided—An Additional Service 4.1.1.26 Multiple bid packages Not Provided—An Additional Service 4.1.1.27 Historic preservation Not Provided—An Additional Service Architect—(Under separate Form of Proposal from general contract for bidding;fee to be 4.1.1.28 Furniture,furnishings,and equipment design determined per Furniture Sliding Fee Schedule § 4.1.1,29 Inventory of Existing Furniture,Furnishings& Not Provided—An Additional Service Equipment § 4.1.1.30 Assisting/Coordination of Furniture/Furnishings Not Provided—An Additional Service when not under contract or by purchase order with Owner. § 4.1.1.31 Furniture Preliminary Design for budget purposes Not Provided--An Additional Service when not under contract or by purchase order with Owner. § 4.1.1.3229 Other services provided by specialty Not Provided—An Additional Service Consultants 4.1.1.33 Other Supplemental Services Not Provided—An Additional Service (Rows deleted) § 4.1,2 Description of Supplomental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. [nit. AIA Document 6101"'W 2017.Copyright©1974,1978,1987,1997,2047 and 2017 by The American Institute of Architects.All rights reserved,The"American Institute of Architecis,'"AIA,"the AIA logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was 12 produced by AIA software at 16:18:58 ET on 01/28/2021 under Order No.8114132283 which expires on 07/1212021,is not for resale,is licensed for one-time use I only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (963459404) Page 552 of 693 (Paragraph deleted) See Exhibit"A"for detailed description of additional services. § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below, See Exhibit"A"for detailed description of additional services. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E204TM-2017, Sustainable Projects Exhibit,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing; .6 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker,if other than the Architect. § 4,2.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If,upon receipt of the Architect's notice,the Owner determines that all or parts of the services are not required,the Owner shall give prompt written notice to the Architect of the Owner's determination.The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; !nit. AIA Document 8101"—2017.Copyright @ 1974,1978,1987,1997,2007 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 13 produced by AJA software at 16:18:58 ET on 01128/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: Pagda55"693 i .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's j proposals and supporting data,or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: .1 Unlimited(Unlimited)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Contractor .2 Bi-weekly(Bi-weekly)visits to the site by the Architect during construction .3 Three(3)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One( 1)inspections for any portion of the Work to determine final completion and one year-end warranty inspection. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within Twenty-four(24)months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided fox under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program,which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility; expandability;special equipment;systems;and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect.The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private, above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark, § 5.5 The Owner shall furnish services of geotechnical engineers,which may include test borings,test pits, determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. lnit. AIA Document B101--2017.Copyright @ 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"ara registered trademarks and may not be used without permission.This document was 14 produced by AIA software at 16:18:58 ET on O1f2812021 under Order No.e114132283 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: (953459404) Page 554 of 693 § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E204TM-2017,Sustainable Projects Exhibit,attached to this Agreement. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall famish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, 'insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, construction manager's fees,if any,and overhead and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner. The Cost of the Work does not include the compensation of the Architect;the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and shall be adjusted throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work,prepared by the Architect,represent the Architect's judgment as a design professional. It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials,or equipment;the Contractor's methods of determining bid prices; or competitive bidding,market,or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work,or from any estimate of the Cost of the Work,or evaluation,prepared or agreed to by the Architect. AIA Document B101"—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Init. Institute of Architects,"'AIA,"the AIA Logo,and`AIA Contract Documents'are registered trademarks and may not be used withoutpermission.This document was produced by AIA software at 18:18:58 ET on 01128/2021 under Order No.8114132283 which expires on 07112/2021.is not for resale,is licensed for one-time use 1 only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@ais.org. User Notes: PagEPOWW 693 i i 3 § 6.3 In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design, bidding,and price escalation;to determine what materials,equipment,component systems,and types of construction are to be included in the Contract Documents;to recommend reasonable adjustments in the program and scope of the Project;and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques,If the Owner requires a detailed estimate of the Cost of the Work,the Architect shall provide such an estimate,if identified as the Architect's responsibility in Section 4.1.1,as a Supplemental Service, § 6.4 If,through no fault of the Architect,the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality,or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services,or the budget as adjusted under Section 6.6.1.If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate,the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation, In any event,the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor, Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully tenninates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. !crit. AIA Document B101'-2017.Copyright @ 1974,1978,1987,1997,2007 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 16 produced by AIA software at 16:18:58 ET on 01128/2021 under Order No.8114132283 which expires on 07/1212021,is not for resale,is licensed for one-lime use 1 only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (963459404 Page 556 of 693 § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7,4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents,and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the contractors,consultants, agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein, § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage . § 8.2 Mediation § 8,2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. Init. AIA Document B101'—2017.Copyright @ 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Archilects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was 17 produced by AIA software at 16:18:58 ET on 0 112 812 02 1 under Order No.8114132283 which expires on 07J1212021,is not for resale,is licensed for one-time use 1 only,and may only be used in accordance with the AIA Contract Documents''Terms of Service.To report copyright violations,e-mail copright@aia.org. User Notes: Pagt090974of 693 I F § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box) ] Arbitration pursuant to Section 8.3 of this Agreement I X ] Litigation in a court of competent jurisdiction I ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be I considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give ; seven days' written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of 1 such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.6 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. i § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any terinination or Licensing fee) Init AIA Document 8107'—2017.Copyright©1974,1978,1987,1997,2007 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 18 produced by AIA software at 16:18:58 ET on 01!2812029 under Order No.8114132283 which expires on 0711212029,is not for resale,is licensed for one-time use ! only,and may only be used in accordance with the AfA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (963469404) Page 558 of 693 .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: § 9.6 Except as otherwise expressly provided herein,this Agreement small terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the j Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. §10.6.1 The Client agrees,notwithstanding any other provision of this Agreement,to the fullest extent permitted by law,to indemnify and hold harmless the Architect,its officers,partners,employees and subcousultants(collectively, Consultant)from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection,presence, handling,removal,abatement,or disposal of any asbestos or hazardous or toxic substances,products or materials that exist on,about or adjacent to the Project site,whether liability arises under breach of contract or warranty,tort, including negligence,strict liability or statutory liability,regulatory or any other cause of action,except for the sole negligence or willful misconduct of Architect. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for In It. AIA Document 8141"--2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA logo,and"AEA Contract Documents"are registered trademarks and may not be used without permission.This document was 19 produced by AIA software at 16:18:58 ET on 01/28/2021 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 Documents®Terms of Service.To report copyright violations,o-mail copyright@aia.o User Notes: PageBofi 693 i the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to snake that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Paragraphs deleted)Compensation shall be a fixed fee of$97,500.00. Fee is based on current estimate&scope of $1,000,000.00 at 9.75%, Add change orders will be billed at the same percentage of 9.75%. Reimbursable expenses will be billed to the Owner as outlined at 11.8 Compensation and.Reimbursable Expenses. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.If necessary, list specific services to which particular methods of compensation apply.) See Hourly Rate Table attached as Exhibit"B". § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: See Hourly Rate Table attached as Exhibit"B". § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3,shall be the amount invoiced to the Architect plus Fifteen percent( 15.001/6),or as follows: § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: 1 Schematic Design Phase Fifteen percent ( 15 %} Design Development Phase Twenty percent ( 20 %} Construction Documents Forty percent ( 40 %) Phase Bidding/Negotiations Phase Five percent ( 5 %) knit AIA Document 81OV-2017.Copyright @ 1974,1978,1967,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AlA Contract Documents"are registered trademarks and may not be used without permission.This document wash produced by AIA software at 16:18:58 ET on 81/28/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use 1 only,and may only be used in accordance with the AIA Contract Oommentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 04 Pagle96��� &693 Construction Phase Twenty percent ( 20 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate($0.00) See Hourly Rate Table as Exhibit"B". § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 Renderings,physical models,mock-ups,professional photography,visualizations(including labor to create visualizations)and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner,and with the Owner's prior written approval,the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective;and, .12 Other similar Project-related expenditures including municipal and/or state plan review costs; .13 Life Cycle Cost Analysis(LCCA)is a process that is on occasion(depending on size)required by the State Fire Marshal and is performed by the Mechanical/Electrical Engineer.The engineer will study the existing system and compare to a more efficient system and determine what the cost savings will be. The analysis costs vary depending on the type of system,the square footage and complexity of the study.The average cost to the Owner is between$7,500 and$11,500 to have this analysis performed and will be billed to the Owner by the Architect as a reimbursable cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. .15 Additional consultant expenses may include,but are not limited to site survey(s),soil borings etc. These expenses will be billed as a reimbursable expense to the Owner. Inst. AIA Document I3101'"—2017.Copyright©1974,1978,19137,1997,2007 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 21 produced by AIA software at 16A M8 ET on 01128/2021 under Order No.8114132283 which expires on 07/12/2021,is not far resale,is licensed for one-time use t only,and may only be used in accordance with the AtA Contract Oocumentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Nates: Pagd9 @99 693 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent(15.00%)of the expenses incurred. § 91.9 Architect's Insurance.If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in .Section 2,S, and for which the Owner shall reimburse the Architect.) i § 11.10 Payments to the Architect § 11.10,1 Initial Payments l § 11.10.1.1 An initial payment of Zero($0A0)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective,an initial payment to the Architect of if applicable,to be determined ($ )shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification.The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid Thirty (30)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) 18.00%Eighteen per annum. § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset stuns requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) 12.1 Force Majeure: If the Architect is delayed at any time in the commencement or progress of its work by(1)an act or neglect of the Owner or,an employee of the Owner,or an act of failure to act of the Contractor or a Separate Contractor;or(2)by changes ordered in the Work; or(3)by labor disputes,fire,unusual delay in deliveries, unavoidable casualties,adverse weather conditions documented in accordance with Section 15.1.6.2,epidemics, pandemics or other causes beyond the Architect's control;or(4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes that arc beyond the Architect's control and that justify delay, then the time for the Architect's performance shall be extended for such reasonable time as the conditions causing the delay exist and for reasonable time to recover and staff the project. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: Init. AIA Document B1101'-2017.Copyright @ 1974,1978,1987,1997,2007 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 dncument was 22 produced by AIA software at 16:18:58 ET on 01/28/2021 under Order No.8114132283 which expires on 0 711 212 02 1,is not for resale,is licensed for one-time use ! only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@ala.org, User Notes: (963459404) Page 562 of 693 .1 AIA Document B 101 Tm-2017,Standard li ortn Agreement Between Owner and Architect .2 Additional AIA Document: NIA .3 Exhibits: Exhibit"A"—Additional Services Description Exhibit"B"—ISG Hourly Rate Table (Paragraph deleted) (Paragraphs deleted) .4 Other documents: NIA § 13.3 To the maximum extent permitted by law,the Client agrees to limit the Architect and his or her subconsultant's liability for the Client's damages to the stun of$50,000.00 or the Design Professional's and his or her subconsultant's fee,whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) Quentin Hart,Mayor Nathan Compton,Architect/Project Manager (Printed name and title) (Printed name, title, and license number, if required) Init. AIA Document 13101 —2017.Copyright©1974,1978,1987,1997,2007 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 23 produced by AIA software at 18:18:58 ET on 01/2812021 under Order No.8114132293 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: Pagd96 M 693 EXHIBIT"A" ADDITIONAL SERVICES DESCRIPTIONS 4.1.1.1 Programming is To work with the owner, owners representative(s)and employees to develop a program of spaces, including size and adjacencies, equipment and furnishings. 4.1.1.4 Existing facility surveys To tour the existing building for purposes of: • determining its compliance to current codes • determining its structural integrity for future use • determining the condition of systems and materials • determining adequacy for renovation and/or expansion • survey of furniture and equipment At the completion of the survey, provide a report to the owner concerning these items. 4.1.1.7 Development of building information models for post construction use To use Building Information Modeling(BIM)to prepare for model to be used post construction for future remodels, wayfinding and mapping, asset/FF& E management,energy management,space management and maintenance management. i 4.1.1.11 Value Analysis Evaluate the value of alternative materials, building systems and equipment,together with other considerations based on program,budget and aesthetics. 4.1.1.12 Detailed Cost Estimating To provide a detailed analysis of costs of construction beyond that which is included in the base contract. This detailed estimate would break the project down by categories and provide a complete analysis of construction cost. 4.1.1.13 On-site project.representation To provide a full-time person on the job site on all working days in addition to the contractors' representatives. 4.1.1.14 Conformed documents for construction To provide an updated set of construction documents modified to include any addenda(s)issued during bidding or negotiation process. 4.1.1.15 As designed record drawings To provide an updated set of construction drawings incorporating all drawing addenda corrections and addition items prior to construction and printing typically five(5)sets for the following: (2 contractor, 1 owner, 1 architect&1 mechanical/electrical consultant). 1 Page 564 of 693 4.1.1.27 Historic Preservation To work with the appropriate agencies in either seeking preservation status for a building,or in working on the renovation of a building that is currently listed by the National Trust for Historic Preservation. 4.1.1.29 Inventory of Existing Furniture, Fixtures&Equipment To work with the owner, owner's representative(s)and employees to determine existing furniture,fixtures&equipment inventory. At completion,a report of the inventory will be provided including sizes,quantities and evaluation of items. 4.1.1.30 Assisting/coordination of finishes/furniture when not under contract or by purchase order To work with owner, owner's representative(s),employees or other consultants to assist/coordinate finishes/furniture for design. 4.1.1.31 Furniture Preliminary Design for budget purposes when not under contract or by purchase order To work with the owner,owner's representative(s)and employees to determine a list of ideal furniture desired. Preliminary budget figures will be provided along with cost saving concepts including variation of products,finishes, functionality and innovative ideas. i. i ,I 3 Page 565 of 693 Firm 2021 Standard Rates Rotes effective as / I / are subject ! changeon an annual basis. Employee Type Hourly Rate Employee Type Hourly Rate Employee Type Hourly Rate Administrative GIS Specialist Structural Engineer I - IV $66-124 1-Senior $109-169 1 -Senior $118-190 Applied Technology Specialist Graphic Designer Technical Writer I - Senior $91-136 1 -Senior $88-108 1 -Senior $124-139 Architect IT Specialist Technology Designer I - Senior $109-190 1 - Senior $108-160 1 - Senior $99-179 Architectural Designer Interior Designer Technology Engineer I - Senior $100-142 1 --Senior $110-170 1- Senior $121-190 Business Developer Land Surveyor Visualization Specialist I -Senior $124-187 1 -Senior $101-180 1- Senior $145-176 Business Writer Land Survey Specialist Videographer I -Senior $93-103 1 -Senior $91-136 $124 Civil Engineer Landscape Architect Water/Wastewater Designer I -Senior $123-190 1 -Senior $1 17-187 I -Senior $96-143 Civil Designer Landscape Designer Water/Wastewater Engineer I -Senior $96-138 1 --Senior $102-139 1 -Senior $123-190 Community Resource Planner Marketing Consultant/Specialist Water/Wastewater Project Manager I - Senior $112-165 1 --Senior $103-160 1 -Senior $124-190 Construction Administrator Mechanical Engineer Equipment Expenses I - Senior $99-140 1 -Senior $121-190 3D Laser Scanner $63 Drone Specialist Mechanical Designer Ali-Terrain Vehicle $25Drone $125 1 -Senior $91-136 1 -Senior $99-136 Mapping Grade GPS $19 Electrical Engineer Project Coordinator Survey Grade GPS/Robotics $56Traffic Counter $11 1 -Senior $121-190 1 - IV $1 1 1-145 Electrical Designer Project Manager Mileage is billed at the IRS allowable rate Consultant subcontracts are billed at I -Senior $99-179 1 -Senior $124-190 cost+1090, Environmental Scientist/ Senior Finance Consultant Engineer/Specialist $160 1 -Senior $109-170 Architect�,"e+ Ergineering+ Lwronmental + Planning SGlnc.corr Page 566 of 693 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Amy Wienands Real Estate of Waterloo, Iowa, in conjunction with the sale of 225 Newell Street, in an amount not to exceed $7,752.20, and authorizing the Mayor to execute said document. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Map of 225 Newell Street Backup Material ❑ Contract Backup Material Resolution approving a Professional Services Agreement with Amy SUBJECT: Wienands Real Estate of Waterloo, Iowa, in conjunction with the sale of 225 Newell Street, in an amount not to exceed $7,752.20, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval. The City is requesting to enter into a Professional Services Agreement in with Amy Wienands Real Estate not to exceed $7,752.20 for the sale of 225 Summary Statement: Newell Street. This property is the home Hawkeye Community College constructed through their Sustainable Construction program in a partnership with the City. Expenditure Required: Up to $7,752.20 Source of Funds: Bonds Policy Issue: Economic Development policy number 1, 3 &4 within the Strategic Plan. Legal Descriptions: MANSONS SECOND ADDITION LOT 12 BLOCK 1 Page 567 of 693 J _ RICKER ST C77 I �� LTi T,• ~� � - �1,y1 li- NEWELL ST_ . ` i- ��- L - { CO W J Ciftj o2 Waterloo,aterloo, Iowa w N E S Page 568 of 693 dotloop signature verification:dtlp.us/F8KP-aowc-FQcy 98-100 Adopted by the Northeast Iowa Regional Board of REALTORSO(Revised 1115) 01 AMYWSS REAL ESTATE aas�ssvriv iva'rn.r�wi+v�ur LISTING AGREEMENT (RIGHT TO SELL, LEASE, OR RENT REAL ESTATE) 1. THIS AGREEMENT is entered into by and between Seller and Amy Wienands Real Estate hereinafter called BrokerlReal Estate Company.The term Broker shall include Broker's affiliated Licensees. The term Seller shall include Owner, Landlord or Optionor.The term Buyer shall include Buyer,Tenant, or Optionee_ The terms sell and sale shall include sell, lease, rent, exchange, or option. Seller or Seller's duly authorized agent, whose signature appears below, hereby grants to the undersigned Broker, the exclusive right to sell, lease or rent The Property Known As 225 Newell St. Waterloo, IA 50703 3/5/21 8/5/21 For Period Beginning and Ending For$ 149,900 or such other price and terms that are acceptable to the Seller. Other Terms and/or Conditions: 2. PROFESSIONAL SERVICE FEE. 4.5 (%)of the sales price shall be paid to Broker if; a. Broker procures a Buyer during the listing period ready, willing and able to purchase at the above price and terms, or any other price and terms agreeable to Seller, or; b. Seller or anyone else sells, exchanges, leases, rents or otherwise transfers the property during the listing period at any price or on any terms, or; c. Seller prevents the sale of this property by any adverse action, such as prohibiting the Buyer from making improvements to the property required of the Buyer prior to settlement by a lender, or by attempting to cancel this agreement.The Professional Service Fee shall be payable in cash in the county and state where Broker has his principal office, at the time of the transaction settlement. Seller authorizes Broker or closing agent to pay Broker from Seller's proceeds of the sale. or; d. Before the termination of this Listing Agreement, Broker provides Seller the names and adc'.----- -f persons to whom the property was presented during the listing period or any extension thereof, and if within 30 days(protection period)after the expiration of this listing or any extension thereof, Seller executes a Purchase Agreement with any person on the above referenced list period. However, Seller shall not be obligated to pay such compensation if a valid Listing Agreement is entered into during the term of said protection period. e. LEASE AGENCY. Sheri del the oroperty or any part be leased to a tenant nrnrr tred by Broker or any other Broker a Professional Service Fee of�%)of the base term of the lease and %)of the renewals.The fees are due one-half upon lease signing and one-half upon lease commencement. During the lease (or extensions), should the ten- ant purchase this subject property, I agree to pay the sales Professional Service Fee as outlined above, less the leasing Professional Service Fee already paid for the unexpired term of the lease. Should the tenant lease additional space from the Owner during the term of any lease resulting from this Listing Agreement, Owner agrees to pay Broker an additional ---------- (%)on the base lease for said additional space. Broker, upon execution of any lease, may record an affidavit setting forth its right to additional Professional Service Fees upon any renewals, exercised options, extensions, additions to the lease or purchase of the Property,which affidavit shall be binding upon the heirs, personal representatives, succes- sors and assigns of the Owner. f. BUSINESS SALE. I agree to pay to Broker (%)of the SALE PRICE and to promptly execute to the Buyer and deliver to the Buyer a Bill of Sale (or other reasonable evidence of title or ownership)covering all personal property or enter into a contract for Bill of Sale. Pagel of 3 Page 569 of 693 dotloop signature verification:dtlp.us/F8KP-aowc-FQcy 98-100(Revised 1115) Property Known As: 225 Newell St.Waterloo, IA 50703 3. COOPERATIVE BROKERAGE COMPENSATION. Seller agrees that Broker may cooperate with other Brokers and offer compensatio^o^ or 1, .rs solely representing the Buyers. Broker agrees to pay 3% to cooperating MLS Brokers. Broker shall disclose to Owner, in writing, any policy that would limit the participation of any other brokerage. 4. MULTIPLE LISTING SERVICE(MLS)AUTHORITY. Seller authorizes Broker to process, advertise and distribute information about the property through the Northeast Iowa Regional Board of REALTORS®Multiple Listing Service to its subscribers within forty-eight(48)hours. Seller authorizes Broker to release all information regarding the completed sale of the property to the Northeast Iowa Regional Board of REALTORS®Multiple Listing Service. S.ACCESS AUTHORIZATIONIINSURANCE LIABILITY.While the described property is listed for sale with the Broker, it is agreed that such property is not considered to be in the care, custody or control of the Broker, Licensees or employees. Seller authorizes Broker to allow access to the property at reasonable hours by Licensees, MLS Subscribers, and other persons including but not limited to appraisers, inspectors and utility company personnel,as necessary to complete the sale. Seller shall maintain in force adequate insurance to protect Seller in the event of any damage, loss or claims arising from access to the property and/or liability for personal injury and agrees to hold the Broker harmless therefrom. 6. PROPERTY DISCLOSURES. Seller agrees to provide a signed Seller Disclosure of Property Condition and a Lead Based Paint Disclosure if required by Iowa Code Chapter 543 B. Seller agrees to indemnify Broker from all damages that may arise out of undisclosed or incorrect facts or statements of Seller.The Seller acknowledges that the Seller has a legal duty to disclose to any proposed Buyer any material defects of which the Seller has actual knowledge and which a reasonable inspection by the proposed Buyer would not reveal. 7. TITLE. Seller agrees to convey the property by Warranty Deed unless otherwise specified and provide an abstract continued to date of sale, showing good and merchantable title subject to easements and restrictions of record, applicable building restrictions and zoning regulations. Seller also agrees to pay any mortgage prepayment penalty, all taxes to date of settlement, and customary settlement costs. Seller will furnish information,which may be required by law and sign corre- sponding documents needed to be filed with the deed. 8. REMEDIES OF THE PARTIES. If Broker successfully defends any court action brought against Broker by Seller, or any other person involved in the sale of this property, or it is necessary to employ an attorney to collect sums due hereun- der, Seller agrees to pay all usual and reasonable court costs and attorney's fees expended by Broker. In addition to the rights given to the parties under Iowa Code Section 617.3 and not in limitation thereof, it is mutually understood and agreed that this listing agreement and any contract arising therefrom, shall be deemed to have been made in the State of Iowa and any and all performance thereunder or breach thereof shall be interpreted, governed and construed pursuant to the laws of the State of Iowa.The parties consent that the Iowa District Court in and for Black Hawk County shall be the forum in which to bring any cause of action arising out of or under this agreement, or any subsequent agreement entered into by Seller as a result of Broker's efforts concerning the above described property. The parties agree that such court shall have jurisdic- tion of the person or the parties for such action. 9. BROKERAGE SERVICES ONLY. Seller acknowledges that Broker is acting as a Real Estate Broker and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, consultant or other professional service advisor. Owner is hereby advised to seek such other professional advice as may be important to Owner. The following minimum service shall be provided to the client. (1)Accept delivery of and present to the client offers and counteroffers to buy, sell, rent, lease, or exchange the client's property or the property the client seeks to purchase or lease. (2)Assist the client in developing, communicating, negotiating, and presenting offers or counteroffers until a rental agreement, lease, exchange agreement,offer to buy or sell, or purchase agreement is signed and all contingencies are satisfied or waived and the transaction is completed. (3)Answer the client's questions relating to the brokerage agreements, listing agreements, offers, counteroffers, notices, and contingencies. (4) Provide prospective buyers access to listed properties. 10. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received in writing either by hand delivery, fax, return receipt requested mail, or electronic mail. Persons designat- ed for receipt of any notice for the purpose of this agreement shall be the Seller or their Broker. A signed copy of this agreement, and all addendums or amendments to this agreement shall, taken together, constitute a single binding agreement. Page 2 of 3 Page 570 of 693 dotloop signature verification:dtlp.us/F8KP-aowc-FQcy 98-100(Revised 1/15) Property Known As: 225 Newell St. Waterloo, IA 50703 11. ELECTRONIC SIGNATURES. in accordance with Iowa Code ch. 554D, all parties agree that this transaction may be conducted by electronic means, and certified electronic signatures shall be equally binding. 12. FOREIGN PERSON STATUS. (FIRPTA, Foreign Investment in Real Property Tax Act.) Seller is not a foreign person as defined in Internal Revenue Code Section 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to the Foreign Investors Real Property Tax Act of 1980, as amended. 13. RELEASE OF INFORMATION. Seller authorizes lender(s), contract holder(s)and utility companies to provide Broker with any and all information regarding the above described property. Seller hereby authorizes Broker to use a"for sale"sign, electronic lock box,exterior and interior pictures, and all forms of advertising media, including but not limited to internet, print, radio and television in Broker's efforts to sell the property unless otherwise noted in this agreement. SELLER OPT OUT: Seller advises Broker that Seller does not want the listed property displayed on the internet. Initials Initials Seller advises Broker that Seller does not want the property's address displayed on the internet. Initials Initials Seller acknowledges that by choosing"OPT our consumers who conduct searches on the internet Initials Initials will not see Information about my listed property. 14.ACKNOWLEDGMENTS. Seller and Broker acknowledge that they have read this agreement, that all information contained in this agreement is true and accurate to the best of their knowledge and they have each received a copy of the executed agreement.THIS AGREEMENT may be executed in one or more counterparts each of which shall be deemed original and all of which,taken together, shall be construed as a single instrument and shall be binding upon the heirs, successors, assigns, executors and administrators of the parties. Any modification of this agreement must be in writing and signed and dated by all parties.This property is offered without respect to race, color, religion, sex, handicap,familial status or national origin. THIS IS A LEGALLY BINDING AGREEMENT, IF NOT UNDERSTOOD, SEEK LEGALADVICE. Signed this day of —, 20— Seller 20Seller Amy Wienands Real Estate Real Estate Company Seller p verified 02/17/21 4:50 PM CST URFA- UREA-ZTTO-MVXA-SEED Licensee Seller Seller Seller Address/Phone Page 3 of 3 Page 571 of 693 dotloop signature verification:dtlp.us/RB9F-Nkva-BDHb 0 AMY NENANDS REAL ESTATE OBSESSIVELY WORKING FOR YOU) Amy Wienands Real Estate - Listing Program Acknowledgement Property Address 225 Newell St.waterloo, IA 50703 Sellers City of Waterloo We are choosing to enter into a listing agreement with Amy Wienands Real Estate. By selecting a listing program below, we agree to and acknowledge that we understand the terms and conditions of the specific listing program. In choosing the Standard Listing Program we understand that Amy Wienands is not obligated under any circumstances to purchase our home or land/lot. Under the Guaranteed Sale Program, Amy Wienands is obligated to purchase our home or land/lot only if our home or land/lot qualifies under the program and only pursuant to the express terms of said program. ❑® Amy Wienands Team - Standard Listing Program ❑ Amy Wienands Team - Guaranteed Sale Program Seller Date Seller Date dodoopverified 02/17/2 02/17/21 4:50 PM CST Agent A8RD-5KI9-FMBF-R81JW Date Page 572 of 693 dotloop signature verification:dtlp.us/5aoj-3o32-dTfc COMPANY POLICY/AGENCY DISCLOSURE AND ACKNOWLEDGMENT (To be signed by Seller/Buyer at or prior to the time specific assistance is first provided.) When you enter into a discussion with a real estate licensee regarding a real estate transaction,you should from the outset understand who the licensee is representing in the transaction. More importantly,you should understand how that representation affects your relationship with the Company(the term "Company' hereinafter refers to the Real Estate Company and its Licensees). Below is a list of the representation options available from Amy Wienands Real Estate (hereinafter referred to as the "Company") Licensee has"checked"the appropriate box(s)for each policy that applies to Company.The term"Seller"shall hereinafter refer to Seller, Landlord or Optioner. The term'Buyer"shall hereinafter refer to Buyer,Tenant or Optionee. SELLER EXCLUSIVE AGENCY When the Company/Licensee lists property for sale and the property is sold by a different real estate Company, it is the policy of the Company to represent the Seller(s)exclusively. BUYER EXCLUSIVE AGENCY When the Company/Licensee assists you in writing your purchase agreement and the property is listed with a different real estate company, it is the policy of the Company/Licensee to represent the Buyer(s)exclusively. If the Company/Licensee represents the Buyer(s) exclusively,the Company/Licensee may receive compensation for the transaction from the listing company pursuant to a cooperation agreement between the two Companies or may be compensated by the Buyer. SELF REPRESENTATION A person(s), partnership, or company(buying or selling) may represent themselves in a transaction. If a Buyer or Seller elect to represent themselves in a transaction, it is the policy of the Company/Licensee to treat that Buyer or Seller as a "Customer" and not as a "Client". "Customer" means a consumer of real estate services in connection with a real estate transaction who is not being represented by the licensee, but for whom the licensee may perform ministerial acts. A customer may be a client of another broker, may not have yet decided whether or not to be represented by any broker,or may have chosen not to be represented by any broker. "Client" is defined below under "Duties of a Real Estate Licensee to a Client". CONSENSUAL DUAL AGENCY A. When a real estate company both lists and sells the property(the Listing Company and the Selling Company are the same company), it is the policy of the Company/Licensee to represent the Seller(s) and Buyer(s) as Consensual Dual Agent(s). B.A real estate Company/Licensee acting directly or through a licensee can legally be the Agent of both the Seller and the Buyer, but only with the knowledge and written consent of both parties. If a Buyer represented by a Company/Licensee wants detailed information about, or to see, a property of a Seller being represented by the same Company,the Company/Licensee wants detailed information about, or to see, a property of a Seller being represented by the same company,the Company/Licensee shall make every reasonable effort to remain impartial to the parties. In these circumstances, Company/Licensee immediately becomes a Dual Agent. Seller and Buyer acknowledge that prior to such circumstances, Company/Licensee acted as agent of the Seller and acted as agent of the Buyer. In those separate roles, Company/Licensee may have obtained information which, if disclosed, could harm the bargaining position of the party providing such information to Company/Licensee. Provisions that govern the actions of Company/Licensee: 1. Company/Licensee shall not knowingly say anything which might place one party at a disadvantage, disclose personal confidence of one party to the other party, including motivation to sell/buy, negotiating strategy, or any other information a party specifically instructs Company/Licensee in writing not to disclose, unless disclosure is required by law. 2. Company/Licensee shall not,without prior written consent of Seller, disclose to Buyer that Seller might accept a price less than the listing price, or accept terms less favorable to Seller than is indicated in the listing agreement, nor shall Company/Licensee,without the prior express written consent of Buyer,disclose to Seller that Buyer may be willing to pay a higher price, or accept terms less favorable to Buyer than those indicated in Buyers last written offer. 3. Company/Licensee will endeavor to be impartial between the parties and shall not represent the interests of either Seller or Buyer to the detriment of the other party. Company/Licensee is obligated to inform each party of all facts Company/Licensee knows which would affect the party's decision to permit Company/Licensee to represent both Seller and Buyer. Seller and Buyer are not required to consent to Dual Agency. 1 of 2 Page 573 of 693 dotloop signature verification:dtlp.us/Saoj-3o32-dTfc ROLE OF BUYER AND SELLER IN CONSENSUAL AGENCY. Ina Dual Agency situation, Seller and Buyer acknowledge and agree they have the responsibility to negotiate and make their own decisions as to what terms are to be included in any agreement for the purchase and sale of Seller's property. Seller and Buyer also acknowledge they understand that Company/Licensee representing more than one party to a transaction can create a conflict of interest since both clients may rely upon Company/Licensee's advice, and the client's respective interests may be adverse to each other. Seller and Buyer understand they may seek independent legal counsel in order to assist them with any matter relating to a purchase agreement or any other aspect of this transaction.Seller and Buyer have the duty to protect their own interests and are advised by Company/Licensee to carefully read all documents to assure that they adequately express the parties understanding of the transaction. If Seller or Buyer have questions regarding the duties and responsibilities of Company/Licensee,those questions should be resolved before signing this document. BROKER'S ADMINISTRATIVE TRANSACTION FEE The broker's administrative fee covers a portion of the cost of printing, handling and archiving all documents required by local,state and federal laws and regulations. In addition,the Client will also receive a zip drive of all pertinent documents pertaining to their transaction. The zip drive will be sent by 15Y class mail,within 30 business days of closing,to the address provided at closing. All paper documents will be retained for a period of 5 years. The Client agrees to pay Amy Wienands Real Estate an administrative fee of$198 at the time of closing. DUTIES OF A REAL ESTATE LICENSEE TO A CLIENT A client is a party to a transaction who has an agency relationship with a Company/Licensee for real estate services. A Company/ Licensee providing real estate services to a client shall do all of the following: a. Place the client's interests ahead of the interests of any other party, unless loyalty to a client violates the Licensee's duties under the Consensual Dual Agency provision of the Iowa Code or any other applicable law. b.Disclose to the client all information known by the Company/Licensee that is material to the transaction and that is not known by the client or could not be discovered by the client through reasonably diligent inspection. c.Fulfill any obligation that is within the scope of this Company Policy/Agency Disclosure and Acknowledgment,except those obligations that are inconsistent with other duties that the Company/Licensee has under the provisions of the Iowa Code or any other law. d. Disclose to a client any financial interests the Company/Licensee has in any business entity to which the Company/Licensee refers a client for any service or product related to the transaction.The client is not obligated to use any such recommended company, and may select a different company. Note:Companyqjicense circle applicable) has a financial interest in or an affiliate relationship with the following companies or business entities: Black Hawk County Abstract&Title DUTIES OF A REAL ESTATE LICENSEE TO ALL PARTIES TO THE TRANSACTION In providing real estate services to all parties to a transaction,Company/Licensee shall do all the following: A. Provide brokerage services to all parties to the transaction honestly and in good faith. B. Diligently exercise reasonable skill and care in providing real estate services to all parties. C. Disclose to each party all material adverse facts that the licensee knows except for the following: 1. Material adverse facts known by the party 2. Material adverse facts the party could discover through a reasonably diligent inspection,and which would be discovered by a reasonable prudent person under like or similar circumstances. 3. Material adverse facts the disclosure of which is prohibited by law. 4. Material adverse facts that are known to a person who conducts an inspection on behalf of the party. D. Account for all property coming into the possession of a licensee that belongs to any party within a reasonable time of receiving the property. If you do not understand this document,seek legal advice before signing.The undersigned acknowledges that the Company/ Licensee has made a full disclosure of the types of representation the Company can provide.The undersigned acknowledge receipt of a copy of this Company Policy/Agency Disclosure and Acknowledgement document. Seller/Buyer Date Seller/Buyer Date J dotloopverified 02/17/2 yip GG�CaXaa02/17/21 4:51 PM CST O QISQ-EMBG-NKDH-V5DD Licensee Date 2of2 Page 574 of 693 dotloop signature verification:dtlp.us/kLgf-pxgp-8u99 Adopted by the Northeast Iowa Regional Board of REALTORS®(Revised 7116) CONSENT TO DUAL AGENCY (To be signed by Seller/Buyer at time specific assistance is first provided) The term"Seller shall hereinafter refer to Seller,Landlord,or Optionor.The term"Buyer shall hereinafter refer to Buyer,Tenant,or Optionee. I have read and understand paragraph IV, Consensual Dual Agency of the Company Policy/Agency Disclosure and Acknowledgment and hereby agree to Consenual Dual Agency representation in those situations. Buyer Date Seller Date F-- I L Buyer Date Seller Date Buyer Date Seller Date Buyer Date Seller Date my Wienands Real Estate Company Company p verified 02/17/21 4:51 PM CST CZYG- CZYG-KURZ-MCIA-UWVA Licensee Date Licensee Date Page 575 of 693 dotloop signature verification:dt1p.us/Fr7e-4C2q-R641 (01 AMY WS REAL ESTATE OBSLSSlVLLY WORKING FOR YOU' RECEIPT OF FORMS & DISCLOSURES SELLER(S) / BUYER(S) NAME City of Waterloo Please initial on each line below that you have received and/or understand each item. 00 mEqual Opportunity in Housing Brochure m mLead Poisoning - How to Protect Iowa Families Brochure 00 mIowa Radon Home Buyer/Sellers Fact Sheet SELLERS Q 0 Showing Instructions (For Sellers Only) Showing instructions will be provided to any licensee who has set an appointment to conduct a private showing of the Seller's home. Amy Wienands Real Estate cannot guarantee that these instructions will be followed specifically at all times by such licensee. Seller agrees to contact Amy Wienands Real Estate with any showing concerns and the Listing REALTOR® will follow up as needed. BUYERS 0 Q Radon Gas and Mold Notice and Release Agreement (For Buyers Only) Buyer understands that radon gas and some molds have the potential to cause serious health problems. Buyer acknowledges they have received and signed the Radon Gas and Mold Notice and Rase Agreement. Home Inspection Information (For Buyers Only) Buyer understands a home inspection may discover/uncover defect in the property. Buyer acknowledges they have received "Home Inspections: Why You Should Obtain One" regarding the importance of a home inspection. Buyer has been encouraged to have the property inspected. Q Home Inspection Waiver (For Buyers Only) Buyer has been informed of the benefits of a home inspection and hereby waives inspection of property and assumes responsibility for property condition. Buyer agrees to hold Amy Wienands Real Estate and its Brokers, Licensees, and employees harmless for any defects discovered with the property. Q Q Buyer School Acknowledgement Form (For Buyers Only) From time to time, school boundaries have been reviewed and changed. Amy Wienands Real Estate REALTOR® is providing information, to the best of his or her knowledge, regarding current school boundaries. We encourage you to visit the School District's website or the school itself to familiarize yourself with all current information. Seller Date Buyer Date Seller Date Buyer Date dotloop verified 02/17/ 02/17/21 4S1 PM CST NZXS-TGOC-XDSA-JP9C REALTOR® Date REALTOR® Date Page 576 of 693 98-103 Adopted by the Northeast Iowa Regional Board of REALTORS®(Revised 10/19) SELLER DISCLOSURE OF PROPERTY CONDITION 113 PROPERTY ADDRESS 225 Newell St.Waterloo,IA 50703 REALTOR OWNERS NAME(S). PLEASE PRINT City of Waterloo PURPOSE OF STATEMENT: The State of Iowa requires the Seller(s) of certain property to disclose information about the property to be sold. Completion of this form shall satisfy the requirements of Chapter 558A of Iowa Code which mandates the Seller(s) disclose the condition of and information about the property the Seller(s) is about to sell. THIS STATEMENT SHALL NOT BE A WARRANTY OF ANY KIND BY THE SELLER(S)OR SELLER'S(S)AGENT AND SHALL NOT BE INTENDED AS A SUBSTITUTE FOR ANY INSPECTION OR HOME WARRANTY INSURANCE THE PURCHASER MAY WISH TO OBTAIN. SELLER'S(S) DISCLOSURE: As Seller(s), I/We disclose the following information regarding the property and certify that this information is true and accurate to the best of my/our knowledge as of the date signed. Seller(s) authorizes the agent to provide a copy of this statement to any person or entity in connection with actual or anticipated sale of the property or as otherwise provided by law. The following are representations made by Seller(s)and are not the representations of the Licensee,who has no knowledge of the condition of the property and Seller(s)agrees to indemnify and hold Licensee harmless. If attached to a Purchase Agreement, this Seller Disclosure of Property Condition shall be fully incorporated therein and shall be made a part thereof as if fully set forth at length therein.The following representations shall survive any closing and shall not merge into any deed for the property. INSTRUCTIONS TO SELLER(S): (1) Respond to all questions or attach reports allowed by Iowa Code Section 558A.4(2). (2)Disclose all known conditions materially affecting this property. (3) If an item does not apply to this property, indicate it is not applicable(NA). (4)Additional pages or reports may be attached. (5) If the required information is unknown or is unavailable following a reasonable effort, use an approximation of the information, or indicate that the information is unknown(UNK).All approximations must be identified as(AP). ALL APPLIANCES & SYSTEMS INCLUDED IN THE TRANSACTION ARE IN WORKING ORDER EXCEPT AS NOTED. Item Good Working Order? Comments Alarm System (Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Attic Fan NA ❑ Yes ❑ No [0 Unk ❑ Carbon Monoxide Detector NA ❑ Yes ❑ No ❑ Unk ❑ Central Vac System NA ❑ Yes ❑ No ❑ Unk ❑ Ceiling Fan NA ❑ Yes ❑ No ❑ Unk ❑ Dishwasher(Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Furnace Humidifier NA ❑ Yes ❑ No ❑ Unk ❑ Garage Door Opener NA ❑ Yes ❑ No Unk ❑ Number of Remote Controls: Garbage Disposal NA ❑ Yes ❑ No ❑ Unk ❑ Gas Grill (Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Hood/Fan NA ❑ Yes ❑ No ❑ Unk ❑ Hot Tub(Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Intercom (Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Lawn Sprinkler System NA ❑ Yes ❑ No ❑ Unk ❑ Microwave(Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Pool System NA ❑ Yes ❑ No ❑ Unk ❑ Range/Oven (Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Refrigerator(Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Satellite Dish System NA ❑ Yes ❑ No ❑ Unk ❑ Sauna (Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Smoke Alarm NA ❑ Yes ❑ No ❑ Unk ❑ Solar Heating System NA ❑ Yes ❑ No ❑ Unk ❑ Sound System (Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Sump Pump(Built In) NA ❑ Yes ❑ No ❑ Unk ❑ Trash Compactor(Built In) NA ❑ Yes ❑ No Unk ❑ Water Filtration System NA ❑ Yes ❑ No ❑ Unk Q Rented ❑ Owned ❑ Water Heater NA ❑ Yes ❑ No ❑ Unk ❑ Water Softener NA ❑ Yes ❑ No ❑ Unk ❑ Rented ❑ Owned ❑ Jetted Tub NA ❑ Yes ❑ No ❑ Unk ❑ Other NA ❑ Yes ❑ No ❑ Unk ❑ A Page 577 o 3 Page 1 of 3 98-103(Revised 10/19) PROPERTY ADDRESS 113 REALTOR PROPERTY CONDITIONS, IMPROVEMENTS AND ADDITIONAL INFORMATION: 1. BASEMENT/CRAWL SPACE/SLAB: Any known water, seepaqe or other problems? Yes❑ No ❑ Unk❑ Describe: Repairs/ Replacement/ Date: 2. FOUNDATION(S): Any known foundation damage or settlement? Yes[o No ❑ Unk❑ Describe: Repairs/ Replacement/ Date: 3. ROOF: Any known problems? Yesl❑ No ❑ Unk❑ Describe: Repairs/ Replacement/ Date: 4. WELL WATER SYSTEM: Any known problems? NAC] Yes[o No ❑ Unk❑ Describe: Type of Well Location Age Has the water been tested? NAC] Yes[] No ❑ Unk❑ If yes, date of last report and results: Any known plans to bring city or rural water to your area and/or requirements to connect to NA❑ Yes[] No ❑ Unk❑ city or rural water lines when available? 5.CITY SEWER/SEPTIC TANKS/DRAIN FIELDS/OTHER DISPOSAL SYSTEM:Any known problems? Yes❑ No ❑ Unk❑ Describe: Septic System: Has the septic system been inspected by DNR certified Inspector? NA Yes[I No ❑ Unk❑ Date of Inspection: Certified Inspector name: Has septic System been pumped? Date last pumped NA[I Yes[] No ❑ Unk❑ Any known plans to bring city sewer to your area and/or requirements to connect to city sewer? NAI❑ Yes No ❑ Unk❑ Describe Repairs/Replacement/ Date: Is the property in compliance with local city ordinances requiring that perimeter tile lines NA Yeses No ❑ Unk❑ do not drain into the city sanitary sewer? Describe: Repairs/Replacement/ Date: 6. HEATING SYSTEM(S):Any known problems? Yes❑ No ❑ Unk❑ Describe: Repairs/Replacement/ Date: If you have an LP gas tank, is it rented❑ or owned❑Comments: 7. CENTRAL COOLING SYSTEM(S):Any known problems? NA[E] Yes[E] No ❑ Unk❑ Describe: Repairs/Replacement/ Date: 8. FIREPLACE(S)/WOOD BURNING STOVE(S):Any known problems? NAC] Yes❑ No ❑ Unkd Describe: Date last used: Repairs/Replacement/ Date: 9. PLUMBING SYSTEM(S): Any known problems? Yes❑ No ❑ Unk❑ Describe: Repairs/Replacement/ Date: 10. ELECTRICAL SYSTEM(S):Any known problems? Yeso No ❑ Unkd Describe: Repairs/Replacement/ Date: 11. WINDOWS:Any known problems? Yesl❑ No ❑ Unk❑ Describe Repairs/Replacement/ Date: 12. PEST INFESTATION: Any known problems? YesEj No ❑ Unk❑ Describe: Repairs/Treatment/ Date: 13.ASBESTOS/LEAD BASED PAINT. Any known Asbestos OR Lead Based Paint present? Yes[] No ❑ Unk[3 Describe: Removal/ Remediation/ Date-.- 14. ate:14. RADON:Any known test(s)for the presence of radon gas? Yes C] No ❑ Unk❑ If yes, test results/ Date: Mitigation/ Date: Removal/ Remediation/ Date: Page 2 of 3 Page 578 of 693 98-103(Revised 10/19) PROPERTY ADDRESS 113 REALTOR 15. FUNGI/MOLD:Any known fungus or mold? Yes[] No ❑ Unk[ Describe: Removal/ Remediation/ Date: 16. GROUNDWATER HAZARD STATEMENT will be filed by the Seller(s)at closing regarding the following items. Are there any known: 1. Wells, 2. Solid waste disposal, 3. Hazardous waste, 4. Underground storage tanks, 5. Private burial site. Yes❑ No ❑ Unk❑ Describe/ Location: 17. COVENANTS: Is the property subject to restrictive covenants? Yes I:] No ❑ Unk❑ If YES, attach a copy or state where a true, current copy can be obtained. Location: 18. ENVIRONMENTAL CONCERNS:Any known environmental concerns? Yes❑ No ❑ Unk❑ Describe: 19. FLOOD PLAIN/FLOODWAY: Is the property located in a flood plain or floodway? Yes❑ No ❑ Unk❑ Flood plain/floodway designation: 20. ZONING: Zoning of this property is: Unkl❑ Any proposed changes in zoning, including variances? Yes❑ No [❑ Unk❑ Describe: 21. REAL ESTATE DISTRICT: Is the property located in a Historical Preservation District? Yes No ❑ Unk❑ 22. OTHER ITEMS:Are you aware of any of the following: 1. Any known features of the property shared in common with adjoining landowners (Example: Yes❑ No ❑ Unk❑ walks, fences, roads, driveways, well water system, etc.)whose use or responsibility for maintenance may have an effect on the property? Describe: 2. Any known encroachments, easements, common areas (Example: facilities like pools, tennis Yes❑ No ❑ Unk❑ courts, walkways or other areas co-owned with others), zoning violations, non conforming uses, or homeowners association which has any authority over the property? Describe: 3. Any known fees and/or dues? (Example: homeowner association fees, land lease fees, Yes❑ No ❑ Unk❑ maintenance fees or other financial obligations to owner?) Describe fee and state amount: 4. Any known modifications, remodeling, alterations, or repairs, etc. made without Yes❑ No ❑ Unk❑ necessary permits or licensed contractors? Describe: 5. Any known physical problems? (Example: settling, flooding, drainage or grading problems, etc.) Yes[I No ❑ Unk❑ Describe: 6. Has there been a property/casualty loss, an insurance claim, OR major damage to the property Yes[] No [❑ Unkl❑ OR other conditions? (e.g. fire, wind, hail, flood, landslides.) If Yes, has the damage been repaired/replaced? Describe: Additional Remarks: In no event shall the parties hold the Licensee(s)liable for any representations not directly made by the Seller's(s)Agent or Broker. SELLER(S) DISCLOSURE: THE SELLER(S) HAS OWNED THE PROPERTY SINCE (DATE). The Seller(s) has stated above the history and condition of all of the items based solely on the information known to the Seller(s). IN THE EVENT ANY CHANGES OCCUR IN THE REPRESENTATIONS HEREIN, FROM THE DATE OF THIS FORM TO THE TIME OF CLOSING, SELLER(S) SHALL IMMEDIATELY DISCLOSE SUCH CHANGES IN WRITING TO BUYER(S). Seller(s)acknowledges requirement that Buyer(s)be provided with the"Iowa Radon Home-Buyers and Sellers Fact Sheet"prepared by the Iowa Department of Public Health. You must explain an "YES" response(s)to the above. Use the back of this form or additional sheets as necessary. Seller Date Seller Date BUYER(S)ACKNOWLEDGEMENT: Buyer(s) acknowledge receipt of a copy of this Seller Disclosure of Property Condition. This statement is not intended to be a warranty or to substit[ue for any inspection Buyer(s) may wish to obtain. Buyer(s) acknowledge receipt of the "Iowa Radon Home- Buyers and Sellers Fact Sheet" prepared by the Iowa Department of Public Health. Buyer Date Buyer Date Page 3 of 3 Page 579 of 693 dotloop signature verification:dt1p.us/iO3k-f2Gh-gfLw (01 AMY WS REAL ESTATE 0BSESSWELY WORKNG FOR YOU! ESTIMATE OF SELLER'S EQUITY SELLER NAME City of Waterloo PROPERTY ADDRESS 225 Newell St.waterloo,IA 50703 TENATIVE CLOSE DATE (a) LIST PRICE $149,900 OFFER PRICE $ $ (b) ESTIMATED CLOSING EXPENSES Abstracting $485 $ $ Attorney's Fees $85 $ $ Brokerage Real Estate Fee $6745.50 $ $ Brokers Administrative Transaction Fee $198 $ $. Closing Fees Paid for Buyer $ $ $ Transfer Tax $239.20 $ $ Overnight Mail Cost $ $ $ Repairs & Inspection Fees $ $ $. Termite/Pest Inspection/Treatment $ $ $. TOTAL ESTIMATED CLOSING EXPENSES $7752.70 $ $. (c) OUTSTANDING DEBTS First Mortgage Balance $ $ $ Second Mortgage/Liens $ $ $ Prepayment/Penalty (if any) $ $ $ Other Liens, Judgments and Assessments $ $ $ TOTAL OUTSTANDING DEBTS $ $ $ (d) REAL ESTATE TAXES Real Estate Taxes Due $TBD $ $ Pro-Rated Taxes $ $ $ Special / Other Taxes $ $ $ TOTAL REAL ESTATE TAXES DUE $TBD $ $ (e) ESTIMATED TOTAL EXPENSE $7752.20 $ $ (f) ESTIMATED PROCEEDS TO SELLER $142147.30 $ $ The figures shown are preliminary estimates for planning purposes only. Actual costs will be shown in a Closing Statement prepared and approved by your closing agent. Other costs not shown here may be incurred by you. Usual pro-rations will be made at closing for real estate taxes, etc., as specified in the Purchase Agreement. Your attorney's fees should also be considered as an expense of the sale. Figures shown are estimates. dodoop verified ,.1 I., 02/17/21 4:53 PM CST Statement prepared "y. 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E] a 'DD —y p 0 0 ' ooh rA O < y Y ° ^; a. w ��v°a no N o .� mCD CD Cl n a' cD CD p a O n `p m [vD' fD n rn -CID QO ° yO. . 00 CL � O O O CO w d Oa `G a P O O = am m'❑ -3 G. it mnro1 11 �. VI Page 581 of 693 i � s o = C6 p +r d Q . O OC CL _ IL a .b Ln c c Cd v i O Cs EO) of $ y C of O rm c c 3 3a �� � 3 y W Z►O J 4c a O LL1 C C .03 p cel L) y w t0 IL p E 4 V s. �moc j�'r ca LmC o C E N C Q Ln 0 X y G. y GC) O � "G Page 582 of 693 TABLE OF CONTENTS LEAD POISONING Federal Law: Lead-based Paint . . . . . . . . . . . . . . . 1 Lead Poisoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Lead-based Paint and Lead-based Paint Hazards . . . . . . . . . . . . . . . . . . . 13 Checking Your Home for �, a• Lead-based Paint Hazards . . . . . . . . . . . . . . . . . . . 17 Protecting Your Family from �, Lead-based Paint Hazards . . . . . . . . . . . . . . . . . . . 28 '+ Other Sources of Lead . . . . . . . . . . . . . . . . . . . . . . .35 TIP- More Information . . . . . . . . . . . . . 40 Front and back cover artwork used with permission from .r Myron Manufacturing,Maywood,New Jersey. Adult lead pictures (pages 9, 12, 33, 38, and 39)provided by the Childhood Lead Poisoning Prevention Branch of the HOWTO PROTECT California Occupational Lead Poisoning Prevention Program. IOWA FAMILIES This publication was supported by grants from the Environmental Protection Agency (EPA) and the Centers.for Disease Control and Prevention (CDC). Iowa Department of Public Health Its contents are the sole responsibility of the authors Lead Poisoning Prevention Program and do not represent the official views of the EPA or CDC. Page 583 of 693 ' • • Landlords, ► D-BASED PAINT HomeRenovators Are You Planning to Buy, Rent, Remodel, Federal law requires landlords and sellers to give or Repaint a Home Built Before 1978? tenants and hone buyers information on lead. ` k `3 Landlords must tell tenants about a known lead-based paint and lead-based Many homes paint hazards before leases are signed. built before 1978 In the case of verbal leases, landlords- must do this before tenants agree to a have lead-based verbal lease. paint in them. Leases must include a disclosure form A about lead-based paint unless a certified FOR inspector has checked the property and SALE said in writing that it is lead-based 9 THE HOME INSPECTOR paint free. Sellers must tell buyers in writing about Lead-based paint, lead-based paint and lead-based paint chips, and dust can hazards before entering into a sales o � pose serious health contract. hazards. Sales contracts must include a disclosure form about lead-based paint in the building. (A blank form is in the middle of this booklet.) 1 Page 584 of 6932 r"f ` LEAD POISONING f r '1 Sellers must offer buyers 10 days to L t� check for lead hazards. Lead poisoning occurs when a person has too much lead in his or her body. Renovators must give homeowners and A blood lead test tells the amount of occupants this pamphlet and a form before lead in a person's body. they start work. Landlords and property managers who perform renovations must Adults should keep their blood lead also give this pamphlet and a form to tenants levels less than 25 micrograms per before they start work. (Blank forms are in deciliter(ggldL). the middle of this booklet.) ij If you want more information Children are much ` about these requirements, Call: more sensitive to lead than adults. Children f are lead-poisoned at ! 10 gg/dL or higher. e q Iowa Department of Public Health at 1-800-972-2026. Your local city or county Pregnant women should keep their health or housing agency. lead levels less than 10 ggldL to protect their unborn children. Women who plan to have children should also keep I The National Lead + J I their levels less than 10 gg/dL. - Information Clearinghouse 14 ' at 1-800-424-LEAD. 3 Page 585 of 60 How Do ChildrenBecome ❑ Play in dirt or a sandbox near an Lead-Poisoned? old building or where an old - building was torn down. When a child in Iowa is lead-poisoned,paint in poor condition This soil could be contaminated with is usually the source. Children can be lead-poisoned if they: lead-based paint chips or dust. rF ❑ Put dusty or dirty hands, f toys, bottles, or pacifiers in their mouths. Household dust in older homes often contains lead from old paint. This dust gets on Children may put the dirt or sand children's hands,toys, in their mouths. Or,the dirt or sand may bottles,and pacifiers. _ stick to their hands and toys that they put in their mouths. i p ❑ Put lead-based paint Ll Breathe in dust from lead-based paint r t that is being scraped, sanded, or chips in their mouths. removed with a heat gun. _ ❑ Chew on surfrices Children and pregnant a k s painted with women should leave the 0 lead-based paint. area before the work begins and not return until the work area has _ Children who are teething been completely cleaned. _ may chew on window sills and stair railings. 5 Page 586 of 69{8 What Are the Signs of Lead ❑ Play in or near windows and other meas Poisoning where there are paint chips. Children? These paint chips can Most lead poisoned children do not be ground into small show any signs of the disease. pieces and dust that stick to children's Some,however,may have the following symptoms: hands and toys. [a Easily excited. =s Children often put �— _ their hands and toys in their mouths. ❑ Not able to pay attention. ❑ Stomach aches. Children like to look out of open windows ❑ More tired than usual. and play at window sills. a d .� Lead-poisoned children may have learning a a and behavior problems as they grow older. In Iowa, lead-based paint Children with very high lead levels may chips found between the develop seizures, become unconscious,or even die. inside window sash and the screen/storm window - cause many cases of Lead is more dangerous to children than to childhood lead poisoning. adults because: w ❑ Children absorb more lead than adults. Most Iowa homes - built before 1960 ❑ Children are more likely to be damaged have peeling or by lead than adults. chipping lead-based paint in this area. 7 Page 587 of 6938 What Are • Lead , ; How DoAdultsBecome Lead-Poisoned? in • t Adults are lead-poisoned by breathing lead fumes and lead dust. Many lead poisoned adults do not have symptoms. They can also get lead dust on their hands, face and clothes. Some,however,may have the following symptoms: Then,if they eat, smoke, or apply cosmetics without ❑ Trouble remembering and concentrating. washing their hands and face, they ingest lead dust. `,— - � ❑ Tire easily. r - Most Iowa adults become ❑ Unable to sleep. lead-poisoned by working with lead in their jobs. ❑ Weakness or loss of feeling in arms or legs. Lead is found in lead battery production,welding,radiator repair, metal cutting,and sandblasting. ❑ Headaches. ': Some adults have been lead-poisoned at home ❑ Irritability. by removing lead-based paint in or remodeling A an older home without following safety ❑ Depression. guidelines(see page 32).qr I / ❑ High blood pressure. Some adults are lead-poisoned by working with lead in hobbies like molding bullets, Adults are more likely to have these symptoms if their lead stripping furniture,or making led, levels are high for a long time. stained glass items. Adults that have high blood lead levels for a long time may Anything that produces lead dust or fumes also become anemic. Men may have a low sperm count. can cause lead poisoning Women may have trouble becoming pregnant. 9 Page 588 of 66 Why Should Iowans Be Concerned How Can Youd Out if You1 About Lead Poisoning? 1 1 " Are " . 1 P1 1 " 1 r The only way to tell if a person is lead-poisoned is to get a blood lead test. ❑ Lead poisoning affects 1 in 14 Iowa children. �� All Iowa children under the age of 6 years should be tested regularly for lead poisoning. 'j This test is required for children who are enrolled in Medicaid. Ask your health care provider to do a _ blood lead test whenever your child 11I has a check-up. = ` Many children have normal blood lead ❑ Iowa's rate of lead - levels at 6-12 months of age. However, poisoning is four times these same children may become Y lead-poisoned when they are older "- _ the national average. and more active. So, it's important to _ get their blood lead tested at least once ❑ Nearly 60 percent of the homes in a year until they are 6 years old. Iowa, both in rural and urban areas, were built before 1960. If you work with lead on the job,your employer may be required to provide blood lead testing. See the Iowa Almost all of these ! Department of Public Health Guide for pre-1960 homes contain some lead-based paint , _ Employees Who Work With Lead. ' Your family doctor can also order a t 0 Many also contain s lead-based paint hazards blood lead test. If you have recently remodeled or removed paint in an older that can harm children. home,you should get a blood lead test. 11 Page 589 of 69Y In Iowa homes, most interior and exterior LEAD-BASED PAINT AND wood surfaces that were painted before 1960 have lead-based paint on them. LEAD-BASED PAINT HAZARDS This includes windows,baseboards,doors,exterior siding, and porches. The federal government banned the use of lead-based paint in housing in 1978. Some,although not all,interior walls in pre-1960 homes were painted with Any home built before 1978 lead-based paint. can have lead-based paint in it. mm _ Kitchen and bathroom walls are the This includes homes in the city ■ �'�' most likely to have lead-based paint and the country. _ { on them. 1 It also includes single-family homes, apartments,private housing, and Old garages,farm buildings, housin publicly-owned g• and fences may also be painted with lead-based paint. In Iowa, most children who are lead poisoned - - aIT � have lived in or visited homes built before 1960. This is because pre-1960 homes v' usually have more layers of Soil around older homes often has high levels of lead. This is lead-based paint than newer because lead-based paint from the exterior gets in the soil when _ W. homes. it peels and chips or when it is scraped. Also,paint that was used before In very large urban areas of usually contained more the United States, soil Y lead than paint used after 1960. sometimes contains high If — levels of lead from past use _ Homes built before 1960 are of leaded gas in cars. more likely to have peeling and chipping paint. In Iowa,most lead in the soil These homes are also more likely to have had lead-based paint y — around older homes comes disturbed during remodeling. , from lead-based paint. 13 Page 590 of 693 When is Lead-Based Paint a Hazard? Lead-based paint that is peeling, chipping, chalking, cracking, or otherwise deteriorating is a hazard to small children. 4% Lead-based paint in 9 ood condition may be a hazard on: 1. J Surfaces children can chew on(window sills, CI Surfaces where paint is worn by being walked on such as stair railings, floors and stairs. porch railings). Lead dust may be on floors and other surfaces if you have recently done any remodeling or repainting in your home. Lead in soil is a hazard when children play in U Surfaces where areas of bare soil next to paint is often old buildings. damaged by hard impacts Areas of bare soil where (doors, door buildings have been frames,comers). torn down are also a hazard to children. 15 Page 591 of 6913r) CHECKING YOUR HOME FOR How Can You Decide LEAD-BASED PAINT HAZARDS if Your Home is Lead Safe? Your HOME is probably safe if: ❑ In Iowa, if your child has a blood lead level of j 20 micrograms per deciliter /dL or higher or ❑ It was built after 19b0.* �' P {pg ) g �t two blood lead levels of 15 to 19 µg/dL, then _ii��AA�:p _ ::p 1 L but • � � your local health or housing agency or the state ❑ It was built before 1960, health department will come to your home and has none of the hazards help you find lead hazards. described on pages 19 to 27 ,,... of this booklet. LJ Your local health or housing agency L) It has no older painted furniture or toys in it. may be able to check your home even if *Note: Some houses built between 1960 and 1978 may also contain lead-based your child is not lead-poisoned. .U,` paint. However,the amount of lead in the paint is probably much lower than for houses built before 1960. ❑ You can hire a certified inspector/risk Your PROPERTY is probably safe if: assessor. In Iowa,certified inspector/risk assessors must check surfaces for lead, o ❑ All buildings,fences,and other o/ tell homeowners if surfaces with lead-based p structures are new or in good paint are a hazard, and recommend how to condition with none of the hazards address these hazards. Contact the Iowa described in this booklet. 9 Department of Public Health at ` THE HOME INSPECTOR 1-800-972-2026 to get a list of certified inspectors/risk assessors. ❑ No older buildings have been torn down on the property. ❑ Use the self-help checklist on pages 18 to 27 in this booklet to .., ..E decide if your home might have lead hazards. Do not use Children's play areas are not: home test kits. If you are planning to purchase, ❑ Next to buildings with for lease, or renovate a home built For peeling and chipping paint. Ftellt before 1978,consider having the Sd le home checked for lead-based paint ❑ In areas of bare soil. and lead-based paint hazards. 17 Page 592 of 69J8 Finding the Lead-based Paint Hazards Paint that has an"alligator"cracking pattern or rubs off on your In 1 Around Your Homehands(chalks)is usually lead-based paint. Cracked or chalking paint is a HAZARD that can cause lead poisoning. You should assume that all of the paint, stain, or other coatings in your home contain lead. = ; Look for paint, stain, or other coatings that are: i ❑ Loose. ❑ Cracked or chipping. -- ❑ feeling or flaking. ❑ Rubbing off. ❑ Deteriorating in any way. r� "- 1 These are HAZARDS that can cause lead poisoning. ' ------------ ' I Old varnish that looks cloudy may contain lead. Lead-based paint was often mixed with varnish to give it a deeper,richer color. If - - the finish is cracked or peeling,old varnish is a HAZARD that can jcause lead poisoning. When paint chips off these surfaces,all layers of paint usually come Use pages 21 to 27 to look for lead hazards off together. This is a HAZARD that can cause lead poisoning in your home. Mark the HAZARD box because the bottom layers of paint may contain lead—even if the when you find a problem. surface has been repainted with lead-free paint. Ll 19 Page 593 of 693) Window iii i Door Hazards Many Iowa children are lead poisoned by windows! You must open the window _- to check the following: Check the sides and upper part of the window, Check window sash. Check area between interior window and screen for paint chips and dust. Do r rubt ing Check the sill and window frame. Look for: ri �ctchipping ZornPeeling r threshold Chipping(impact) Check all surfaces for chipping and peeling paint. Toys in window a Look for paint chips on the floor and in the carpet. Chew marks. Look for impact chipping at corners of door frame, These are HAZARDS that can cause lead poisoning. baseboards,walls. Window Check List: Look for rub or scrape marks on door edges. Frame ❑ Safe ❑ HAZARD Sash (front and back) ❑ Safe ❑ HAZARD These are HAZARDS that can cause lead poisoning. Sill ❑ Safe ❑ HAZARD Area between windows: Woodwork,Wall&Door Check List: Bottom ❑ Safe ❑ HAZARD Doors ❑ Safe ❑ HAZARD Sides ❑ Safe ❑ HAZARD Door frames ❑ Safe ❑ HAZARD Top ❑ Safe ❑ HAZARD Baseboards ❑ Safe ❑ HAZARD Upper inside parts ❑ Safe ❑ HAZARD Wall corners ❑ Safe ❑ HAZARD Signs of chewing ❑ Safe ❑ HAZARD Doorway thresholds ❑ Safe ❑ HAZARD 21 Page 594 of 69 Stair Hazards Basement Hazards Railing Spindle n Stair treads ~* Edge L'1 Baseboards r Newel post _ t s' Check all surfaces for peeling and chipping paint. Look for impact Riser chipping and wom areas. Children love to play or just sit on stairs. Check old furniture and toys in storage. Check all areas for chipping,peeling,etc.paint. These are HAZARDS that can cause lead poisoning. Look for chewing on spindles,railing,stair treads&edges. Basement Check List: Check risers,baseboards,and stair treads for impact chipping. Basement stairwell ❑ Safe ❑ HAZARD Look for worn areas on treads. Upper floor joists&ceiling ❑ Safe ❑ HAZARD These are HAZARDS that can cause lead poisoning. Doors & door frames ❑ Safe ❑ HAZARD Painted walls&floors ❑ Safe ❑ HAZARD Stairs Check List: Railing and spindles ❑ Safe U HAZARD Discarded wood trim ❑ Safe ❑ HAZARD Newel post ❑ Safe ❑ HAZARD Built-in cabinets,shelves,trim ❑ Safe ❑ HAZARD Stair treads and edges ❑ Safe ❑ HAZARD Painted beams & support posts ❑ Safe ❑ HAZARD Risers and baseboards ❑ Safe ❑ HAZARD Discarded furniture and toys ❑ Safe ❑ HAZARD 23 Page 595 of 69�4 F Porch Hazards Exterior Hazards l PO 1L Children like to sit and play on porches. Children can get into Look for chipping and peeling paint on all surfaces. Be sure to Iead-based paint chips and dust if the porch and house siding have check all exterior window frames(including basement windows) been painted with lead-based paint. and overhangs. Check ALL the areas listed below for chipping or peeling paint. Look for paint chips lying on the ground or sidewalk around all Look for chewing on trim, steps,railings,and spindles. buildings. Look for wont areas on painted floors. These are HAZARDS that can cause lead poisoning. These are HAZARDS that can cause lead poisoning. Porch Check List: Exterior Building Checklist: Ceiling ❑ Safe ❑ HAZARD Siding ❑ Safe ❑ HAZARD Walls ❑ Safe ❑ HAZARD Window frames ❑ Safe ❑ HAZARD Trim ❑ Safe ❑ HAZARD Trim ❑ Safe ❑ HAZARD Floors ❑ Safe ❑ HAZARD Overhangs ❑ Safe ❑ HAZARD Steps ❑ Safe ❑ HAZARD Doors ❑ Safe ❑ HAZARD Railings ❑ Safe ❑ HAZARD Gutters ❑ Safe ❑ HAZARD Spindles ❑ Safe ❑ HAZARD Soil&sidewalks ❑ Safe ❑ HAZARD 25 Page 596 of 696 I Outside Play 1 / Hazards PROTECTING , • FAMILY • / LEAD-BASED ; 1M PAINT HAZARDS 1 • ❑ Check all the places where your children If you rind hazards in your home: play outside. ❑ Do NOT Panic!! ❑ Look closely for chipping or peeling fi ❑ If you rent,tell your landlord about paint on nearby the hazards that you find. buildings. o opo Do NOT sand, scrape, or remove ❑ Look for paint chips - any paint,walls,windows,or plaster in the soil or on - o until you know how to do it safely. sidewalks. Call the Iowa Department of Public Health at 1-800-972-2026 ❑ Check for bare soil in •' to find out how to do this work safely. play areas. Any bare soil near an old building may contain lead-based � ❑ Have all children under the age of 6 paint chips and dust " years tested for lead poisoning. —even if the building has been sided, repainted, or torn down. ❑ Supervise your children very carefully. _ Keep them away from areas where These are HAZARDS that may cause lead poisoning. there is peeling and chipping paint. Play Area Check List: ❑ Do not allow children to chew on ` Gym set ❑ Safe ❑ HAZARD painted surfaces such as window Sand box ❑ Safe ❑ HAZARD sills, stair rails, furniture,or toys. r Swimming pool ❑ Safe ❑ HAZARD ❑ Do not allow children to put paint - chips or soil in their mouths. Other areas Ll Safe Ll HAZARD 27 Page 597 of 6998 ❑ Weekly,clean floors,baseboards, ❑ Serve your child at least and window sills where small 3 meals a day. children play.Wash woodwork and painted surfaces with warm A child with an empty stomach water and a general all-purpose absorbs more lead. Children who cleaner. have poor appetites, or who do not it eat regularly,have a higher risk of Remember: Never mix ammonia becoming lead poisoned. , rf r and bleach together since they • form a dangerous gas. ❑ Serve your child healthy snacks. HEALTHY SNACKS ❑ Wash toys,pacifiers,and bottles that children drop on the floor. muffins cheese cubes yogurt saltine crackers ❑ Wash children's hands often, broccoli graham crackers especially before they eat. V DI zucchini "' dry oat cereal rings 40 celery sticks ❑ Pick up paint chips that you see apple slices on the floor,inside windows, melon cubes or in other places where your orange sections v children play. carrot sticks t it Put the paint chips in a garbage cottage cheese bag and dispose of them in JCS the landfill with your ❑ Serve your child foods that are high in Vitamin C. regular garbage. Vitamin C helps the body absorb more iron. ❑ Do not let children play outside in VITAMIN C SOURCES areas where there are paint chips wSNOWN t !� on the ground. Pick up as many , orange '~ peppers(green,red,chili) of the paint chips as you can. orange juice broccoli grapefruit tomato Cover the soil in these areas by cantaloupe potatoes seeding grass,laying sod,planting L strawberries some shrubs,or covering with mulch. 29 Page 598 of 609 ❑ Serve your child foods that are high in calcium and iron. Iron helps stop the lead from being absorbed into the body. How Can You Hazards1Home? IRON SOURCES Lead chicken beef liver Keeping your house very clean will help prevent lead poisoning in fish kidney your children. However,if there is much peeling and chipping paint pork turkey in your home, you should try to reduce or repair the lead hazards. greens ,•:`';` oysters 1 :..: _. raisins You do NOT need to remove all the lead-based paint oatmea ccornmeal lentils from your home to make it lead safe. I soybeans spinach AoAm ft brown rice F broccoli sardines dried beansw prunejuice dried peas { dried apricots dried peaches TOr enriched bread oat or wheat bran iron-fortified cereal whole wheat bread Calcium also helps prevent lead from being absorbed into the body. CALCIUM SOURCES calcium-fortified orange juice INTERIM CONTROLS sardines with bones You can reduce lead hazards by repairing deteriorated paint surfaces milk salmon with bones to keep them from peeling and chipping. This is called"interim cheese tofu(firm,fortified) controls." yogurtfortified soy milk pudding milk-based soup If you choose"interim controls, "you need to watch these surfaces ice cream mustard greens and keep them in good condition. If they start to peel and chip,they cottage '" collard greens will become hazards again. cheese I — broccoli et"I ese. greens You must be very careful when you repair these paint surfaces. sesame seeds If you are not careful,you can make things worse by spreading lead dust throughout your house. 31 Page 599 of 69J2 ABATEMENT How Can You Keep Your Family Safe During You can permanently remove or"abate"lead hazards by Remodeling, ■ _novation, and ■ , removing all of the lead-based paint from a surface or by sealing or enclosing lead-based paint with special materials. If you are going to prepare for repainting, remove paint, or tear out { Painting over lead-based paint with walls in an old home,you should do one of the following: regular paint is not "abatement." ❑ Have the paint tested to see if it is lead-based paint. a� ❑ Assume that it is lead-based paint and take the If you hire someone to "abate" lead hazards,this person must be a appropriate precautions. certified lead abatement contractor in Iowa. Never dry scrape, dry sand,power sand, power wash,use a torch, Certified contractors must hire trained workers and follow strict or use a high temperature heat gun to remove lead-based paint. safety rules to protect their workers and people who live in the homes where they work. t Mir 4dbft 74 yti ` f Contact the Iowa Department of Public Health IDPH IDPH at 1-800-972-2026 to find out how to do this Contact IDPH at 1-800-972-2026 to get current information e722 _ 0work safely. IDPH also has information about how on certified lead abatement contractors. to find a contractor that will do the work safely. 33 Page 600 of 641 Is Lead in Water a Problem OTHER SOURCES OF LEAD for1 ur Family? A few Iowa children have been poisoned by other sources of lead. City and rural water departments must test their water for lead. If the lead level is high, they must send a notice to their customers. ❑ Food and liquids cooked in lead-glazed If you get one of these notices,you may be pottery or stored in lead crystal or concerned. lead-glazed pottery or porcelain. ❑ Lead in the soil around a battery plant or However, lead in drinking water is not a battery recycling plant. major source of lead for most children. ❑ Home remedies that contain lead such as - i Lead in water may cause lead poisoning in babies azarcon, greta, and pay-loo-ah. who drink formula made with water that has high lead levels. ❑ Candy that comes from Mexico or southeast Asia. This usually happens when formula is made using tap water. LATIN The water can pick up lead from pipes, solder, or faucets AMERICA when it sits in pipes overnight. ❑ Living in Mexico,Central America,South America or southeastAsia where there is Therefore,tap water may have a high lead level first thing in the morning. much more lead in the environment than there y� is in the United States. Hot water dissolves more lead than cold water. So, formula made with this hot Although some Iowa children have been Yom- ' tap water can have very high lead Lead-poisoned by these sources, the -_--- levels. Boiling does not take lead out of major source is still lead-based paint t the water. In fact, boiling the water so used in homes built before 1960. !Lead pal long that part of the water boils away Children who spend time in these homes increases the concentration of lead in are at the highest risk for lead poisoning. the remaining water. 35 Page 601 of 693 Lead in water comes mainly from inside your home. 1 � ' . i Problem It can be in lead pipe, lead solder,or faucets with brass parts. Is IYour Family? Do not replace faucets or plumbing just because your water has a high lead level. ` New faucets may put more lead into your water. If you work with lead in your job or hobby, you can poison your children by bringing lead home. Replacing old lead solder with new lead-free solder may also put more lead into your water. If you replace solder,be sure to get all the old solder out of the pipes. If you use tap water to make baby formula,do the following to keep your baby safe: 1, 1. Let the cold water run for at least 30 seconds before < using it to make formula. 2. Do NOT use hot tap water to _ make formula. Always usep � Some employers are required to ensure that workers do the ArI cold water and warm it to the �. f 14 �'� _ following to protect their families from lead: . right temperature. J" ' s� Y�tdw 3. If your doctor recommends boiling ��t�. '� )I ❑ Change into work clothes and the water before making formula, shoes after getting to work. do not boil the water longer _ than two minutes. ❑ Put street clothes and shoes in a clean locker or clean plastic bag. If you would like to test your water for Q lead, contact the. t ❑ Remove work clothes and shoes before going home. University Hygienic Laboratory 515-725-1600 � ❑ Shower before putting on street clothes and shoes. This test will cost$20-$25. 37 Page 602 of 66� Some employers are not required to provide a shower and changing room. If your employer does not provide these things or if you work with lead in a hobby, try to do these things: MORE INFORMATION ❑ Make a special changing area at home. This could be in the garage or the basement. i Iowa Iowa Department of Public Health Change in this area and 1-800-972-2026 or shower before touching 1-515-281-3479 anyone or anything in Call for current information about lead the house. in Iowa and copies of this brochure. Hearing impaired,call TDD 1-800-735-2942 Fax: 515-281-4529 ❑ Remove work clothes before Your local city or county lead program, leaving the changing area. health department,or housing agency. •� (Some cities and counties have their own ❑ Keep all work clothes away rules on lead-based paint activities.) from children. National The National Lead Information Center If you need to wash work clothes, do the following: 1-800-LEAD-FYI Call to learn how to protect children from ❑ Take work clothes home lead poisoning. in a plastic bag and wet the clothes before removing The National Lead Information Center them from the bag. Clearinghouse 1-800-424-LEAD Throw away the bag used to Call for other information on lead hazards. carry the work clothes home. Hearing impaired,call TDD 1-800-526-5456 ❑ Wash work clothes separately Fax: 301-585-7976 from any other clothes. Internet:www.epa.gov/lead/nlic.htm 39 Page 603 of 693 40 i EPA's Safe Drinking Water Hotline , Iowa Department of Public Health 1-800-426-4791 Promoting and protecting the health of Iowans Call for information about lead in drinking water. Consumer Product Safety Commission (CPSC)Hotline To request information on lead in consumer products or to report an unsafe consumer product or a product-related injury, call 1-800-638-2772. (Internet: info@cpsc.gov) Hearing impaired,call TDD 1-800-638-8270. r Regional EPA Regional Office - - - g Your Regional EPA Office can provide further information regarding regulations and lead protection programs. Region 7 t _ ,. (Iowa,Kansas, Missouri, and Nebraska) ` 901 North 5th Street Kansas City,KS 66141 (913) 551-7020 CPSC Regional Office Central Regional Center 230 South Dearborn Street Iowa Department of Public Health Room 2944 Lead Poisoning Prevention Program Chicago, IL 60604-1601 Lucas State Office Building (312) 353-8260 Des Moines, Iowa 50319-0075 (800) 972-2026 41 Page 604 of 693 DEED AND PROPERTY ANTS A REALTOR"pledges to conduct business in keeping withOR '➢" QdNOF RECORD the spirit and later of the Code of Ethics.Article 10 impos- ' es obligations upon REALTORS"and is also a firm statement During the history of our country, some persons have of support for equal opportunity in housing. placed restrictions on property based on race,color,reli- gion, seat, handicap, familial status, or national origin. FURTHER ASSISTANCE Generally,these restrictions are void and unenforceable, with limited exceptions for particular types of religious Local Boards of REALTORS'will accept complaints alleging housing and qualified housing for older persons.The pub- i violations of the Code of Ethics filed by a home seeker lication of these void restrictions may convey a message who alleges discriminatory treatment by a REALTOR'in the that the restrictions continue to be valid,Any time a sales availability, purchase or rental of housing. Local Boards associate or broker is asked to provide a copy of the of REALTORS"I have a responsibility to enforce the Code covenants or restrictions of record relating to the use of of Rhics through professional standards procedures and � a property the following message should bo included: i corrective actign in cases where a violation of the Code of Ethics is proven to have occurred. - These documents may contain restrictions or covenants based on race,color,religion,sex,handicap,familial status,or t Complaints alleging discrimination in housing may be l nationat origin.Such restrictions or covenants generally are filed with the nearest office of the Department of Housing What Everyone Should Know About void and unenforceable as violations of felt'housing taws. and Urban Development (HUD), or by calling HIJUS ; EYIscrimination n-Iotline at 1-800-669-9777, 1-000-927-9Z75 Equal Opportunity Be assured that all property is marketed and made available (FDD). For information and publications on fair housing, without discrirainatiorr based on race,calor,rellgion sex,handl- I call HUD's Customer Service Center at 1-800-767-7468. Mn Housmng cap,Familial status,ornational origin.Should you have any quer- , Contact HUD on the Internet at http;lfwww,hud,gov/ and dons regarding such restrictions,please contact your attorney select:the Cair!lousing section, THE EQUAL OPPORTUNO 11"'x'PROGRAM , The NATIONAL ASSOCIATICEN OF REALTORS' has developed a I"air Housing Program to provide-resources and guidance to REALTORS' in ensuring equal profes- sional services for all people. The Code o; Ethics Article 10 of the NATIONAL ASSOCIATION OF REALTORSO' Corte of Ethics requires that"REALTORS" shall not deny equal professional services to any person t fbHreasons of race,color,religion, sex, handicap,familial 02012 NATIONALASSOCIAMON of REALTORS' Item a M6 799 status,national origin,or sexual orientation,REALTORS® Al rights roservod- (BFC 0(vu) I, y shall not be a party to any plan or agreement to discrim- inate against a person or persons on the basis of race, 4301Vorth Michigan Avearm a Chicago,IL 606_114067 color,religion,sex,handicap,familial status,national origin, 800,874.6500-wwuaR6',lti L2 0AvtX or sexual orientation. REALTORS, in their real estate employment practices,shall not discriminate against any NATIONAL NATIONAL persomor persons on the basis of race, color, religion, ASSOCIATION � ASSOCIATIONof se)( handicap, familial status, national origin, or sexual REALTORSOREA.LTORSO orientation.' R CALTD tf IR Page 605 of 693 P� S't,.. - �} "Ft f"k[f[5�114.c8319 YV[L[1 L11:itLV1[l G,14J I`i4i. I wt utc 1 tuct,c JVIUMC7, Title iII of the Americans with Disabilities Act prohibits dis- You have the right to expect that housing will be available crimination against persons with disabilities in plates of public to you without diso•imination or other^ limitations bafed accommodation and commer7cial facilities. on race, color; religion, sex, handicap, familial status, at- national origin. ' Equal Credit Opportunity Act The Equal Credit Opportunity Act snakes discrimination un- This includes the right to expect: lawful with respect to any aspect of a credit application on ll housing in your price range made available to you the basis of race,color;religion,national origin,sex,marital without discrimination �. status,age or because all or part of the applicants income yuN r r equal professional service x {_ derives from any public assistance program, o consider a broad ran the opportunity a of t P a kl 1 g State and Local saws housing choices State and local laws often provide broader coverage and no discriminatory limitations on communities @ prohibit discrimination based on additional classes not cow or locations of housing �;,• :: {:•""': .::. ered by-Federal law. •ti •r,...-., :.,: ,. no discrimination 1n the financing,appraising or :ry �;:, � - •���, insuring of housing °':` ;•.:,- L7�11~ � ®li�J llBIL11TI reasonable accommodations in rules,practices and The home seller;the Dome seeker,and the real estate pro- procedures for persons with disabilities What Everyone Should fessional all have rights and responsibilities under the law• non-discriminatory terms and conditions for the Know out Equal �sale,rental,financing,or insuring of a dwelling Fat'the Flort-re Seller i to be free from harassment:or intimidation far Opportunity in You should Ialow that as a home seller or landlord you have exercising your fair housing rights The sale or.purchase of a home is one of the most signi#i- a responsibility and a requirement tinder the law not to dis•- cant events that.people will experience in their lifetimes. criminate in the safe,rental and financing of property on the icor the Beal Estate Professional It is more than the simple purchase of housing, for it basis of race,solar;religion,sex,handicap,familial status,or As a home seller or home seeker;you should blow that includes the hopes, dreams, aspirations, and economic national origin,You may not Instruct the licensed broker or the term REALTOR'identifies a licensed professional in destiny of those involved. salesperson acting as your agent to convey for you any real estate who is a member of the NATIONAL ASSO- limitations in the sale or rer7tal,because the real estate pro- CIATION OF REALTORS®" Not all licensed real estate fessional is also bound by law not to discriminate,Under the brokers and salespersons are members of the National THELAW law,a seller or landlord cannot: Association,and only those who are can identify them- Civil sights Act of 1866 (I)establish discriminatory terms or conditions in the selves as REALTORSe They conduct their business and The Gvi1 NghtsAct of 1866 prohibits all racial discriminatlon purchase or rental of housing, activities in accordance with a strict' Code of Ethics.As in the safe or rental ofroe agents in a real estate transaction, licensed brokers p p � �"�)advertise a preference for certain buyers or tenants or salespersons are prohibited by law from discriminating because of their race,calor;religion,sex,handicap,familialor the basis of race, talar, religion, sex, handicap, Fair ii ousing Act status,or national origin;or familial status,or national origin.A request from the home The Fair throughout the declarers a national policy of fair haus- (3)misrepresentthat housing is unavailable to persons who seller or landlord'to act in a discriminatory manner in the illg throughout than in States. The taw makes are members of these protected classes. sale,lease or rental cannot legally be fulfilled by the real • illegal any discrimination tri the sale, lease or rental of estate professional. housin�,or maldrig housing otherwise unavailable,because of race, color, religion, sex, handicap, familial status, or natlonal origin. Page 606 of 693 1 TOTLE GUARANTY FREQUENTLY ASKED QUESTIONS What does a Title Guaranty for a buyer, but if the property does not go intoIn _® ° •• ° _ Certificate cover? foreclosure, it may not show up until the buyer is a =° - o c o • ° WLenders are covered for: Valid, ready to refinance or sell the property.That's when 4 _ _ ®°_ • _ ® m ®® _ - ®_ enforceable mortgage; loss due to other owner's coverage is a helpful tool to the buyer. prior liens; mechanic's liens; fraud or forgery, floes the coverage need to be renewed -m° - a ®°• - ° ®m mistakes in abstracting or title examination; errors El each yearsin public records and lack of access. IN ❑ No.This is a one-time premium that covers _ Owners are covered for:valid title, title lenders as long as the mortgage is in effect, ° °® ° ° ' - � = m m• defects that may impact their title, un-market- and covers buyers for as long as they or their heirs •= " = ° a - • able title, fraud, forgery, mistakes in abstracting have any interest in the property. or title examination; errors in public records and s ° • ® m ® a- lack of access. Owners may also be covered for I am refinancing my home. If the lender mechanic's liens at an additional cost. El uses Title Guaranty for Coverage,can i t get free Owners Coverage? ' If the lender requires coverage,why would the borrower also need it? No.Owners coverage is only available0 at the time of purchase; however, if you AdLender's coverage is exactly that-- chose Owners Coverage at that time, it will con- coverage for the lender: It does not cover tinue in force even though you have refinanced. buyers.Typically, a lender's claim arises when a Owner's Coverage is good as long as you have property is foreclosed on and the lender sustains a an interest in the title to the property. Y p t7 h`• loss due to a title issue-The same issue may exist r , r M�Y C yy i+ li i{ t, r - m ®° ° • . 2015 Grand Avenue ® ° - ® ° •. bes Moines, iA 54312 515.725.4900 • 800:432.7230 www iowcaTitleGuaranty.gov In partnership with the Iowa State Bar Association and Iowa land rifle Association. Page 607 of 693 WHAT'S IN IT FOR ME? HOW DOES THE IOWA WHAT COULD GO WRONG? SYSTEM WORK? Buying a home is exciting. By using Title While title defects are not common in Iowa, Guaranty,you can rest easy knowing that Title Guaranty uses a process designed to they do occur. What can impact title?Some of your home ownership investment is protected. uncover title problems before you have a the more frequent issues include: If a title issue arises,Title Guaranty will be financial interest in the property. In Iowa, an m Divorce and child support judgments there to step in and assume attorneys' fees, abstract of title is prepared or updated prior m Judgments against a previous owner costs, and expenses associated with defend- to closing. The abstract identifies all recorded m Unreleased, but paid off mortgages ing the title to your home. After all, it's not just documents for a particular property, including m Unrecorded legal documents what's inside your home that is important. easements, deeds, mortgages and liens m Fraud against previous title holders.Then, an Iowa m Forgery HAT IS TITLE GUA ? attorney reviews the abstract and issues a m Mistakes in public records written title opinion or a Title Guaranty Commit- ® Mistakes in researching public records As Iowa's provider of title coverage for lenders ment.The Commitment summarizes the status a Lack of a right of access and buyers, Title Guaranty operates as a title of the title and identifies the current owner and assurance underwriter and maintains reserves any title issues that should be resolved prior to Again, these issues are not common, but if in order to pay claims. Title Guaranty, a closing. Once any title issues are resolved, the any of them should arise,Title Guaranty will division of the Iowa Finance Authority, is transaction may be closed and the buyer takes become your legal defense and work with you completely self-funded, and helps to support title to the property. By using Title Guaranty, to ensure a smooth and timely solution to the the Iowa housing industry by transferring all you can be assured that a real estate attorney problem. excess revenue to Iowa housing programs. has reviewed the title to your home. Correcting deficiencies before closing reduces the chance HOW MUCH DOESOWNER'S of having problems later on. COVERAGE COST? In many cases, this coverage is free to home buyers! If the buyer's lender has requested Title Guaranty Lender's Coverage on a home valued at$500,000 or less, and the buyer intends to occupy the home as their primary residence, Owner's Coverage is free. Even if these criteria do not apply, Owner's Coverage is still available, often for only$110.This one time premium protects the home buyer and . their heirs for as long as they have any interest in the property. Page 608 of 693 CHECK THE BOX Buying a home? If your lender uses Title Guaranty Lender's Coverage, you may qualify for FREE Owner's Coverage. If the purchase price is less than $500,000 and the home will be your primary residence, your coverage is free.Just check the box on the Composite Mortgage Affidavit at closing. Title issues don't happen often, but if an issue arises, you'll be glad you're covered. Only in Iowa — only with Title Guaranty. YES to r Check coverage `. Page 609 of 693 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, in the amount of$297,900, in conjunction with the 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant, and authorizing the Mayor to execute said documents. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ HR Green Prof Sery Agrmnrt Backup Material Resolution approving a Professional Services Agreement with HR Green of SUBJECT: Cedar Rapids, Iowa, in the amount of$297,900, in conjunction with the 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Adopt resolution The City was recently awarded two EPA grants ($150,000 Petroleum and Summary Statement: $150,000 Hazardous Substances)to conduct environmental work on sites in the community. HR Green was selected through a Consultant Selection Process to be the City's environmental consultant for the grant work. Expenditure Required: $297,900 Source of Funds: EPA Grant funds 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 has had several years of successful EPA grants awarded to the City for conducting environmental work on sites. The grant funds have been used for projects such as SingleSpeed, Sportsplex, various other smaller sites, the Public Works Building site, etc. This most recent grant is for Background Information: $300,000 (two grants). We will focus the majority of efforts on the Downtown Waterloo area, the Rath area, and the Broadway corridor. The funds will be sued for environmental phase I work, phase II drilling and similar work, web site updates for the newwaterloo.com, and public information. Page 610 of 693 HRGreenm PROFESSIONAL SERVICES AGREEMENT For 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant Mr. Noel Anderson, Community Planning and Development Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 319-291-4366 Rose Amundson, Project Manager HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, IA 52404 HR Green Project Number 200695 February 15, 2021 Version 2.3 02052021 Page 611 of 693 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.3 02052021 Page 612 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen® Page 1 of 9 THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter"COMPANY"). 1.0 Project Understanding 1.1 General Understanding The United States Environmental Protection Agency(EPA)awarded CLIENT a Community- Wide Assessment Grant in FY 2020 to investigate underutilized properties potentially impacted with hazardous substances and/or petroleum within the targeted Urban Core and Broadway Street Corridors. COMPANY will assist CLIENT with meeting programmatic requirements of the EPA Brownfield Assessment Grant. 1.2 Design Criteria/Assumptions Work activities will be completed in accordance with EPA Brownfield Program guidelines. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: The Scope of Services is outlined in Attachment A to this Professional Service Agreement (AGREEMENT). COMPANY developed the Scope of Services to align with the CLIENT's Cooperative Agreement Work Plan for the Brownfield Assessment Grant and said Work Plan is hereby incorporated into this AGREEMENT. 3.0 Deliverables and Schedules Included in this Agreement Deliverables and schedules are outlined with the work scope in Attachment A. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services COMPANY will provide services as outlined in the Scope of Services to the point that the budget allows. Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. Version2.3 02052021 Page 613 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen o Page 2 of 9 5.0 Services by Others COMPANY will utilize Iowa-licensed drillers, Iowa-licensed asbestos professionals, ground penetrating radar professionals, and laboratories to provide drilling, asbestos surveys, subsurface structure surveys, and chemical analyses services, respectively, for this project. 6.0 Client Responsibilities CLIENT will be responsible for submitting reports and documents to the EPA. COMPANY sees itself as a partner in CLIENT's project and requests that copies of information that the EPA provides the client, and vice versa, be forwarded to the COMPANY for reference. CLIENT will need to provide support for obtaining site access to brownfield properties owned by third parties. CLIENT will provide community engagement support including, but not limited to, selecting and reserving the venue and releasing appropriate public notice. CLIENT will provide COMPANY with access to CLIENT GIS data and offer timely GIS support to COMPANY in regards to this data. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the AGREEMENT is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non-salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys' fees. 7.3 Extra Services Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. Version2.3 02052021 Page 614 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen® Page 3 of 9 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Two hundred ninety-seven thousand nine hundred dollars and zero cents ($297,900.00). 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY 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 at the same time and in the same or similar locality. 8.2 Entire Agreement This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its officers, agents,or employees request COMPANY to perform extra services pursuant to this AGREEMENT,CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This AGREEMENT must be executed within ninety (90)days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed AGREEMENT. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services,and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety(90)days,consecutive or in the aggregate,the COMPANY may terminate this AGREEMENT upon giving not less than five(5)calendar days'written notice to the CLIENT. If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT,or curing of such other breach which caused the COMPANY to suspend services,the COM PANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs,travel,subsistence,field,and incidental expenses for a period of five(5)years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. Version2.3 02052021 Page 615 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen® Page 4 of 9 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury,death,or property damage,and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this AGREEMENT. 8.7 Termination or Abandonment Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this AGREEMENT may be terminated upon seven (7)days'written notice. If any portion of the services is terminated or abandoned by CLIENT,the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project,the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term,condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this AGREEMENT is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this AGREEMENT shall be made without written consent of the parties to this AGREEMENT. 8.11 Third-Party Beneficiaries Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this AGREEMENT are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub-consultants,vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this AGREEMENT and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions,which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this AGREEMENT or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, Version2.3 02052021 Page 616 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen© Page 5 of 9 sub-consultants,suppliers or fabricators so retained,thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees,to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five(5)years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans,specifications or design intents not be followed,or for problems resulting from others'failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans,specifications or other instruments of service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended,designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made,COMPANY cannot guarantee the accuracy of its opinions of cost,and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently,without notice or indication, COMPANY reserves the right to remove itself from its Version2.3 02052021 Page 617 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen® Page 6 of 9 ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged.Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys'fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30-day inspection period,during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days,at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings,and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard-copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold harmless the COMPANY from any damages,liabilities,or costs,including reasonable attorneys'fees and defense costs,arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this AGREEMENT unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify,and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God;fires, riots,war or other emergencies; disease epidemic or pandemic;failure of any government agency to act in a timely manner;failure of performance by the CLIENT or the CLIENT'S contractors or consultants;or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub- consultants 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, sequence, 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. COMPANY and its personnel have no authority to exercise any control over any construction Version2.3 02052021 Page 618 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen o Page 7 of 9 contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the general contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional services. The compensation to be paid COMPANY for said professional services is in no way commensurate with,and has not been calculated with reference to,the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses,whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter,whether sudden or not. It is acknowledged by both parties that COMPANY'S Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s)or contractor(s)to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this AGREEMENT shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act,42 U.S.C.A., §6901 et seq.,as amended,or within any State statute governing the generation,treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a)contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty(30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub- consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub-consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Version2.3 02052021 Page 619 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 February 15, 2021 H RG reen o Page 8 of 9 8.26 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s)are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify,and hold COMPANY, its consultants,agents,and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s)without the written authorization of COMPANY. 8.27 Intellectual Property Ownership of Tendered Materials COMPANY retains title and full intellectual property ownership of all tendered documents and materials, including without limitation, analysis methods and equations, calculations, print layouts, layer operational definitions, drawings, models, plans, set of tools, etc. All such documents and materials are considered confidential and CLIENT shall not copy such documentation or materials or disclose them to third parties without COMPANY'S prior written consent. CLIENT shall sign COMPANY'S GEOSPATIAL NONDISCLOSURE AGREEMENT and take reasonable precautions to prevent unauthorized access and use of the software and documentation by third parties. To the extent permitted by the COMPANY Geospatial Nondisclosure Agreement and relevant law, CLIENT shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the COMPANY'S analysis, reports, maps, or other products, or attempt to do so. 8.28 Data Access COMPANY makes no warranties or guarantees concerning internet connections or access to data. COMPANY will make efforts to notify internet service provider if made aware of CLIENT connectivity issues. CLIENT GIS data consumed through COMPANY-developed web mapping applications will be inaccessible at times due to planned hardware and software maintenance and, on occasion, due to unexpected technical issues. COMPANY does NOT guarantee CLIENT access to GIS data at all times. COMPANY will endeavor to minimize periods of data inaccessibility while also providing regular database maintenance and updates to CLIENT web mapping applications during contract period. If CLIENT deems the functionality or availability of the COMPANY-developed web mapping applications and associated GIS data is unacceptable, the CLIENT's sole remedy will be to discontinue using the service provided by COMPANY, at which point COMPANY will provide CLIENT with a copy of the data. 8.29 Data Backup and Recovery COMPANY will create scheduled data backups for the purpose of recovering CLIENT data in the event of data corruption or loss. These measures are taken to safeguard the present state of the GIS data with no intention on the part of the COMPANY to maintain archival versions of the CLIENT GIS data for the purpose of preserving a historical record of CLIENT's GIS data. The backup schedule for the CLIENT GIS data will be concurrent with COMPANY's internal data backups. COMPANY administers the backup schedule in reference to industry practices and recommendations as well as COMPANY's internal operations, and as such, schedules may be adjusted and updated without notice. No point-in-time data recovery is available. CLIENT may not request adjustment to the COMPANY data backup schedule, and COMPANY shall not grant any such request. If CLIENT deems the backup schedule or availability to the database is unacceptable,the CLIENT's sole remedy will be to discontinue using the service provided by COMPANY, at which point COMPANY will provide CLIENT with a copy of their data. If in the event that the CLIENT data needs to be recovered from a backup, COMPANY reserves the right to charge then-current time and materials charges to CLIENT for both the recovery and any rework to get the data back to a current, workable state. If in the event that none of the backups are able to restore CLIENT's database, CLIENT's sole remedy will be to discontinue using the service provided by the COMPANY or pay then-current time and materials charges to COMPANY to re-collect the necessary information and re-load the database. 8.30 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd-Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this Version2.3 02052021 Page 620 of 693 Professional Services Agreement 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant 200695 HRGreen February 15, 2021 Page 9 of 9 AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. // d'; Rose Amundson Approved by: Printed/Typed Name: Stacy E. Woodson Title: Vice President Date: 2/15/21 City of Waterloo Accepted by: Printed/Typed Name: Title: Date: Version2.3 02052021 Page 621 of 693 ATTACHMENT A Consultant Scope of Services City of Waterloo, Iowa EPA Brownfields Community-Wide Hazardous Substances and Petroleum Assessment Grant Part 1: Tasks Tasks and activities described in this Scope of Services correspond to the Cooperative Agreement Work Plan submitted by CLIENT and approved by the U.S. Environmental Protection Agency (EPA). Associated Task budgets also align with the Work Plan. This Scope of Services ignores Work Plan activities solely completed by CLIENT (i.e., no consultant responsibilities). Please note that actual services may require re-allocation of funds between Tasks during the project period. Fund transfers will require CLIENT approval. Any fund transfer greater than 10% of the total grant amount will also require EPA approval. Task 1: Program Implementation COMPANY will assist CLIENT, as needed, with coordination and implementation of programmatic-related responsibilities linked to the grant. Reports prepared by COMPANY will be submitted to CLIENT for review and submittal to the EPA. Tasks include assisting CLIENT with: • Preparing and providing invoices on a monthly basis to CLIENT • Preparing a Quality Assurance Project Plan • Coordinating and attending project meetings with CLIENT and other parties (e.g. IDNR, EPA, city staff, etc.) as considered appropriate for the project needs; • Preparing Quarterly Progress Reports; • Preparing annual minority business enterprise/women business enterprise (MBE/WBE) forms; • Preparing annual financial statements; and • Preparing Final Programmatic Performance Report. Work Plan Estimated Budget for Task 1: Hazardous Substances Assessment Grant $6,250 Petroleum Assessment Grant $6,250 Task Total $12,500 Task 2: Community Involvement COMPANY will assist CLIENT with the following types of community involvement activities outlined below: • Assist with two public meetings (e.g., open houses, CLIENT Council meetings, group presentations, etc.); • Update brownfields brochure; and • Maintaining the City's brownfields project website (www.thenewwaterloo.com). Work Plan Estimated Budget for Task 2: Hazardous Substances Assessment Grant $7,500 Petroleum Assessment Grant $7,500 Task Total $15,000 1 Page 622 of 693 Task 3: Phase I and II ESAs COMPANY will conduct Phase I and II Environmental Site Assessment (ESA) activities as outlined below: • Prepare access agreements for targeted property owners; • Prepare site eligibility request documents for EPA and Iowa Department of Natural Resources (petroleum only) review; • Conduct Phase I ESAs in accordance with ASTM E1527-13, or current standard, which meets EPA's All Appropriate Inquiry (AAI) standard; • Prepare Phase 11 Sampling Plans for properties selected by CLIENT for further investigation; • Conduct Phase II ESAs in accordance with ASTM E1903-11, or current standard; and • Prepare/submit Property Profile Forms/Property Work Packages for all sites where environmental investigations were conducted to the EPA ACRES database. COMPANY will conduct up to 18 and 6 Phase I and II ESAs, respectively. The number of actual ESAs completed will depend on variables including parcel size, number and size of on-site buildings, previous site uses, and complexity of contaminants. Work Plan Estimated Budget for Task 3: Hazardous Substances Assessment Grant $90,200 Petroleum Assessment Grant $90,200 Task Total $180,400 Task 4: Reuse Planning COMPANY will assist the CLIENT with reuse planning activities. Tasks include: • Conduct infrastructure evaluation on the TechWorks outlots and former River Road right- of-way. Work Plan Estimated Budget for Task 4: Hazardous Substances Assessment Grant $45,000 Petroleum Assessment Grant $45,000 Task Total $90,000 Part 2: Schedule Task Start Complete Notice to Proceed February 2021 N/A 1 Program Implementation 1St QTR FY 2021 4t" QTR FY 2023 2 Community Involvement 2nd QTR FY 2021 4t" QTR FY 2023 3 Phase I and 11 ESAs 1 st QTR FY 2021* 3rd QTR FY 2023 4 Reuse Planning 3' QTR FY 2021 1St QTR FY 2023 *Start date for Phase II ESAs is dependent upon Quality Assurance Project Plan (QAPP) approval by EPA and Site Eligibility Determination approval from EPA and IDNR Part 3: Budget The total contract amount of Two hundred ninety-seven thousand nine hundred dollars and zero cents ($297,900.00) is being offered on a cost-plus, not to exceed basis per the current COMPANY Hourly Rate Schedule. Each grant budget will be tracked separately and clearly reported on invoices. Costs may be reallocated among the various tasks within each grant with the approval of the CLIENT as allowed under the EPA Cooperative Agreement. In accordance with federal regulations, funds will not be shifted between grants. 2 Page 623 of 693 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with AEC OM Technical Services, Inc., of Waterloo, Iowa, originally executed February 1, 2016, in an amount not to exceed $25,000, in conjunction with the FY 2016 Satellite Raw Wastewater Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said document. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Memo to Waterloo Mayor and City Council Backup Material ❑ Supplemental Agreement No. 3 Backup Material Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, SUBJECT: Iowa, originally executed February 1, 2016, in an amount not to exceed $25,000, in conjunction with the FY 2016 Satellite Raw Wastewater Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Supplemental Agreement Expenditure Required: $25,000.00 Source of Funds: Sewer Funds Page 624 of 693 CITY OF WATERLOO , IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 • Phone(319)291-4553• Fax(319)291-4523 Date: February 17, 2021 Mayor QUENTIN To: Waterloo Mayor and Council HART From: Brian Bowman, Operations Supervisor, Waste Management Services COUNCIL RE: Resolution Approving Supplemental Agreement No. 3 with AECOM Technical Services, Inc. for MEMBERS ,,,,,,,,,,,,,,,,,,, the Satellite Wet Well Project (Contract No.907) MARGARET KLEIN Background Discussion: Ward I JONATHAN A Professional Services Agreement was entered into between the City of Waterloo and AECOM GRIEDER Technical Services Inc. February VY 2016 for design and bidding services for the Satellite Wet Well Ward Project (Contract No.907). Supplemental Agreement No.1, executed in December 2016, was for PATRICK additional engineering design services. Supplemental Agreement No.2, executed June 2019, was MORRISSEY for providing additional Construction Related/Design Services related to the Satellite Wet Well Ward 3 Project. JEROME AMOS,JR. This project consists of rehabilitation of the existing Satellite Wet Well, Sludge Holding Wet Well Ward and Influent Anaerobic Lagoon Wet Well. In addition the City pursed a comprehensive change RAY order called the Crossover Structure that allows the City to divert flow to one or the other parallel FEUSS pipes under the Cedar River,to either the Domestic Sanitary Sewer or the Industrial Sanitary Ward 5 Sewer. SHARON NON The installation of the crossover structure is currently ongoing but procurement of the structure At-Large materials and easement issues at the crossover site have delayed the project. Supplemental DAVE Agreement No. 3 will provide for additional construction-related services required to complete BOESEN the project. At-Large Recommended Action: It is recommended that the City Council support the resolution to approve Supplemental Agreement No.3 with AECOM in the amount of$25,000.00 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 625 of 693 AECOM 319-232-6531tel Com 501 Sycamore Street 319-232-0271 fax �L= Suite 222 Waterloo,Iowa 50703 www.aecom.com FY 2016 SATELLITE RAW WASTEWATER WET WELL REHABILITATION WATER POLLUTION CONTROL FACILITY CITY OF WATERLOO, IOWA CONTRACT NO. 907 SUPPLEMENTAL AGREEMENT NO. 3 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated February 1, 2016, for design and bidding services for the FY 2016 Satellite Raw Wastewater Wet Well Rehabilitation Project. WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on December 19, 2016, for providing additional engineering design services; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 2 on June 18, 2019, for providing construction-related services (CRS)for the project; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 3 for providing additional construction-related services (CRS)for the project. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: A. Project Description The project consists of construction-related services for rehabilitation of the existing Satellite Raw Wastewater Wet Well, Sludge Holding Wet Well, Influent Anaerobic Wet Well, Installation of Crossover Structures on domestic and satellite sanitary sewer lines, and miscellaneous piping restorations at the Water Pollution Control Facility(WPCF). Due to the corrosive nature of the wastewater, the wet wells and the majority of the components within it have been severely corroded. The coatings applied on the concrete walls are peeling off and the ductile iron piping shows signs of severe corrosion. Other components within the wet wells, such as the gates and the pump retrieval systems, are also corroded. The project details means for the rehabilitation of the interior of the wet wells. This will include repairing and recoating the concrete surfaces, replacing or coating existing ductile iron piping, installation of new pump removal systems, replacement of existing corroded gates with new gates, and replacement of other items within these wet wells that are found to be corroded and not in good working condition. Also, crossover structures are to be installed to allow for flow diversion between the domestic and satellite sanitary sewer lines. The installation of the crossover structures is currently ongoing. During planning of the crossover structures, there were alternative investigations into the use of a Ferric Chloride feed system to be replaced/refurbished at the anaerobic lagoon site. After investigating the feasibility of this system, it was decided not to pursue rebuilding the entire Ferric Chloride feed system. The use of a smaller temporary system was determined to be more cost effective. The procurement of crossover structure materials involved extensive investigations to verify compatibility of the industrial waste being conveyed through the structures. This extended the delivery times for materials in addition to the construction schedule. The securing of permanent and construction easements at the site with the adjacent landowner also took longer than expected due to extended negotiations. This Page 626 of 693 �L=Com Page 2 supplemental agreement will provide for additional construction-related services required through project completion. B. Scope of Services The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide additional construction-related services for the project. The Scope of Services is further defined as follows: Task 1 - Submittals. 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 2 - Horizontal and Vertical Control. Provide horizontal and vertical control for the crossover structure. Task 3 - Project Intentions. Answer design interpretation questions from the Client, contractor, review staff and appropriate agencies. Task 4 - Contractor Payment Applications. Process monthly applications for payment submitted by the contractor and forward to the Client for execution with recommendations for approval and payment. Task 5 - Field Testing Conformance Review Assistance. Witness, where applicable, field testing of the materials furnished under the contract to assist in determining conformance with the contract documents. Task 6 - Site Visits by Design Personnel. Visit the construction site by design personnel at appropriate stages of construction to review the quality of the work and to determine, in general, whether the work conforms to the contract documents. Task 7 - Change Order Preparation and Processing. Assist the Client and contractor in preparing and processing contract change orders. Task 8 - Field Observation. Provide periodic 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. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9 - Conformance Updates to Client as Needed. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise Client of any work that should be corrected or rejected. Task 10 - Evaluate Contractor's Suggestions for Modifications. Consider and evaluate contractor's suggestions for modifications and report them with recommendations to the Client. Task 11 - Maintain Files during Project. 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. Page 627 of 693 �L=Com Page 3 Task 12- Review of Project. 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 13 - Field Observation of Completed Project. 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 14 - Revised Plans Showing Changes Made Durinq Construction. Provide the Client with a copy of revised drawings of the construction plans for the project based on the construction observation records of the review staff and contractor showing those changes made during construction considered significant. Task 15 - Documentation Close-Out. Assist the Client with the final close-out documentation from the Contractor. Ill. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in Supplemental Agreement No. 2. The estimated fee is Twenty-Five Thousand Dollars ($25,000.00). 1V. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated February 1, 2016. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. �LLVBy PDate February 22, 2021 Douglas chindel, P.E. Associate Vice President APPROVED FOR CLIENT: By: Date 0:\Administration\AGREEISUPPLE15A3 Wat Satellite Wet Well CRS.docx Page 628 of 693 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 4 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $ , in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ SA#4 Backup Material Resolution approving Supplemental Agreement No. 4 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., SUBJECT: of Waterloo, Iowa, originally executed October 10. 2016, in an amount not to exceed $ . in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek Project. Contract No. 922, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE,Associate Engineer Source of Funds: IDOT SWAP Funding and Storm Water Fees This Supplemental Agreement No. 4 will cover HR Green reviewing Background Information: different configurations of the structure for a 50-year event with preliminary design work by Claassen to review property needs. This extra work is based on feedback from affected property owners on our initial design. Page 629 of 693 Supplemental Agreement No.4 to the Hammond Ave. Bridge Replacement Project Professional Service Agreement between the City of Waterloo, Iowa and Wayne Claassen Engineering and Surveying,Inc. PROJECT: Hammond Avenue Bridge Replacement Project TO: Wayne Claassen Engineering and Surveying,Inc. (CES) FROM: City of Waterloo,Iowa You are hereby ordered to make the following changes to the existing Agreement for Professional Services for the Hammond Avenue Bridge Replacement project,dated 10/02/2017 1. Add the following to said existing Agreement: Part III.TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES 1.1 Basic Services-The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: A. Preliminary Engineering Phase Task 12. Additional HEC-RAS modeling and Report. Determine the size of a new box culvert necessary to pass a 50-year recurrence interval runoff event without raising the existing Hammond Avenue road grade and while meeting"no rise certification" requirements. This is to be completed by HR Green as a subconsultant to CES,using the existing conditions HEC-RAS model previously prepared by HR Green.A more detailed description of these services is attached herewith. Tack 13.Additional preliminary design. This task includes preliminary design and surveying to define the right-of-way requirements for the culvert size determined in Task 12. 2. Settlement for cost of work to be made as follows: Task 12. This task increase the Basic Services Amount by$4,100 Page 1 of 2 Page 630 of 693 Task 13. This task increases the Basic Services Amount by$7,900.00. The Professional Services Agreement is increased by $12,000 by this Supplemental Agreement 4 to a total of$145,550. 3. All other sections of said existing Agreement remain unchanged. CITY OF WATERLOO WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. APPROVED: BY: BY: --�-ZLAV-J— Quentin Hart,Mayor of Waterloo William J. Cly assen,President ATTEST BY: AT ST BY: F kum'w' ut", Kelley Felchle,City Clerk Denise DeLeon,Secretary 0 /Z 3171)"Z- Date Date Page 2 of 2 Page 631 of 693 HRGreen. PROFESSIONAL SERVICES AGREEMENT For Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Waterloo, Iowa William Claassen, P.E., President Wayne Claassen Engineering & Surveying, Inc. 2705 University Avenue Waterloo, IA 50704 319-235-6294 Aaron D. Granquist, P.E., Project Manager HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, IA 52404 HR Green Project Number 181817 February 19, 2021 Version 2.3 02052021 Page 632 of 693 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.3 02052021 Page 633 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 February 19,2021 H RGreen. Page 1 of 9 THIS AGREEMENT is between Wayne Claassen Engineering & Surveying, Inc. (hereafter "CLIENT") and HR GREEN, INC. (hereafter"COMPANY"). 1.0 Project Understanding 1.1 General Understanding CLIENT has been retained by the City of Waterloo, Iowa (OWNER) as the lead consultant for the replacement of a bridge on Hammond Avenue located approximately 830 feet south of the intersection of Hammond Avenue and East Orange Road in Waterloo. The existing bridge is a small timber structure that carries Hammond Avenue over Sink Creek. CLIENT has requested assistance from COMPANY as a subconsultant for hydraulic analysis of the new structure. 1.2 Design Criteria/Assumptions The tributary area to the bridge is approximately 1.8 square miles, and the existing bridge is located within a FEMA Zone AE Floodway. According to the effective FEMA AS dated July 2011, the 1% annual chance (100-year)flood event overtops Hammond Avenue and inundates the roadway for approximately 450 feet at the bridge. OWNER desires to pass the 50-year event underneath Hammond Avenue without elevating the existing roadway or creating a rise in existing water surface elevation. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 Hydraulic Analysis & Report COMPANY will utilize the existing 1-D HEC-RAS model representing existing conditions. COMPANY will create a 1-D HEC-RAS model of the proposed structure to compare against existing conditions. Geographic extents of the modeling will be limited to the immediate vicinity of the bridge as needed to assess hydraulic capacity of the structure. These limits are estimated from 1000 feet upstream to 1,000 feet downstream of the bridge, for a total length of 1,500 feet along Sink Creek. Downstream terminus of modeling will include the existing culvert at East Orange Road. The effective FEMA FIS discharges for Sink Creek will be used in the modeling; no hydrologic calculations will be completed. COMPANY will utilize the HEC-RAS model to determine the hydraulic opening needed to convey the 50-year peak flow rate of Sink Creek with no rise in the upstream water surface profile, if possible. COMPANY will update the Hydraulic Technical Memorandum summarizing the computational methodology and results of the hydraulic analysis. The Technical Memo will identify standard culvert sections or bridge openings that will achieve the no-rise results of the model, if possible. If the hydraulic analysis demonstrates that it is feasible to construct a new structure without causing a rise in the upstream 50-year water surface profile, COMPANY will Version2.3 02052021 Page 634 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 H RG Teen® February 19,2021 Page 2 of 9 provide a Certification of No Rise letter to support CLIENT's work in obtaining permits for the project. 3.0 Deliverables and Schedules Included in this Agreement COMPANY shall provide to CLIENT the following deliverables for the project: • Hydraulic Technical Memorandum (electronic PDF) • Certification of No Rise letter, if applicable (electronic PDF) Schedule for the project shall be as follows: • Notice to Proceed granted to COMPANY: March 1, 2021 • Hydraulic Technical Memorandum: April 1, 2021 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: The following items are not included as part of this agreement: • Topographic Surveying or other field investigations • Permit Applications • Hydrologic Modeling / Calculations for Sink Creek peak flows • Wetland and/or stream delineations • Mitigation plans • Archaeological /cultural resources assessments • Threatened & Endangered Species habitat assessments • Engineering analyses beyond what is described in this scope • Type, Size & Location (TS&L) drawings • Geotechnical engineering Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Not Applicable Version2.3 02052021 Page 635 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 February 19,2021 M RGreen, Page 3 of 9 6.0 Client Responsibilities CLIENT will provide, in a timely manner, the following items necessary to the completion of COMPANY's work: Current design plans for the roadway. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the AGREEMENT is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non-salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys' fees. 7.3 Extra Services Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Retainer Not applicable 7.6 Payment The CLIENT AGREES to pay COMPANY on the following basis: Per current Rate Schedule with an estimated fee of$4,100.00 Version2.3 02052021 Page 636 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 t © February 19,2021 1 1 I RG reen® Page 4 of 9 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY 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 at the same time and in the same or similar locality. 8.2 Entire Agreement This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its officers, agents,or employees request COMPANY to perform extra services pursuant to this AGREEMENT,CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This AGREEMENT must be executed within ninety(90)days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed AGREEMENT. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services,and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COM PANY'S services are suspended for more than ninety(90)days,consecutive or in the aggregate,the COMPANY may terminate this AGREEMENT upon giving not less than five(5)calendar days'written notice to the CLIENT. If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT,or curing of such other breach which caused the COMPANY to suspend services,the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs,travel,subsistence,field,and incidental expenses for a period of five(5)years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury,death,or property damage,and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this AGREEMENT. 8.7 Termination or Abandonment Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this AGREEMENT may be terminated upon seven(7)days'written notice. If any portion of the services is terminated or abandoned by CLIENT,the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project,the fee for Version2.3 02052021 Page 637 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 H RGreen® February 19,2021 Page 5 of 9 services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term,condition,or covenant or breach of any term,condition,or covenant,shall not constitute a waiver of any other term,condition,or covenant,or the breach thereof. 8.9 Severability If any provision of this AGREEMENT is declared invalid, illegal,or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this AGREEMENT shall be made without written consent of the parties to this AGREEMENT. 8.11 Third-Party Beneficiaries Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this AGREEMENT are being performed solely for the CLIENT's benefit,and no other party or entity shall have any claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub-consultants,vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this AGREEMENT and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions,which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this AGREEMENT or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants,suppliers or fabricators so retained,thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees,to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice,award the full amount of costs,expenses,and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five(5)years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. Version2.3 02052021 Page 638 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 H RG reen, February 19,2021 Page 6 of 9 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties,either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans,specifications or design intents not be followed,or for problems resulting from others'failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly,the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans,specifications or other instruments of service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended,designed,or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost,and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently,without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged.Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses,expenses, and attorneys'fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30-day inspection period,during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days,at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings,and any additional services to be performed by COMPANY relative to the Version2.3 02052021 Page 639 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 H RGreen. February 19,2021 Page 7 of 9 submitted electronic materials shall be subject to separate agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard-copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold harmless the COMPANY from any damages,liabilities,orcosts,including reasonable attorneys'fees and defense costs,arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this AGREEMENT unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control.CLIENT agrees to defend,indemnify,and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God;fires,riots,war or other emergencies;disease epidemic or pandemic;failure of any government agency to act in a timely manner;failure of performance by the CLIENT or the CLIENT'S contractors or consultants;or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two(2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner,the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub- consultants 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, sequence,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. COMPANY and its 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 CLIENT agrees that the general contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional services. The compensation to be paid COMPANY for said professional services is in no way commensurate with,and has not been calculated with reference to,the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, Version2.3 02052021 Page 640 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 HRGreen, February 19,2021 (�l Page 8 of 9 employees, and consultants, harmless from and against any and all claims, damages, and expenses,whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases,or any other materials,irritants,contaminants,or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil,water, or watercourses, objects, or any tangible or intangible matter,whether sudden or not. It is acknowledged by both parties that COMPANY'S Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s)or contractor(s)to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this AGREEMENT shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act,42 U.S.C.A.,§6901 et seq.,as amended,or within any State statute governing the generation,treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a)contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY,the risks have been allocated such that the CLIENT agrees,to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub- consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub-consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 OMITTED 8.27 OMITTED 8.28 OMITTED 8.29 OMITTED 8.30 OMITTED 8.31 Soliciting Employment Neither party to this AGREEMENT will solicit an employee of the other nor hire or make an offer of employment to an employee of the other that is working on this PROJECT,without prior written consent of the other party, during the time this AGREEMENT is in effect. Version2.3 02052021 Page 641 of 693 Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project Number: 181817 February 19,2021 R r��r Page 9 of 9 8.28 OMITTED 8.29 OMITTED 8.30 OMITTED 8.31 OMITTED 8.32 OMITTED 8.37 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd-Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act,and the CLIENT requires project financing information for the services performed under this AGREEMENT,the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Approved by: Printed/Typed Name: Title: Date: Accepted by: Printed/Typed Name: Title: Date: Version2.3 02052021 Page 642 of 693 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 5 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed August 18, 2014, in an amount not to exceed $75,000, in conjunction with the Dry Run Creek Interceptor Project, Contract No. 877, and authorizing the Mayor to execute said document. City Council Meeting: 3/1/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Memo to Waterloo Mayor and City Council Backup Material ❑ Supplemental Agreement No. 5 Backup Material Resolution approving Supplemental Agreement No. 5 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, SUBJECT: Iowa, originally executed August 18, 2014, in an amount not to exceed $75,000, in conjunction with the Dry Run Creek Interceptor Project. Contract No. 877, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Supplemental Agreement No. 5 Expenditure Required: $75,000.00 Source of Funds: Sewer Funds Page 643 of 693 CITY OF WATERLOO , IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 • Phone(319)291-4553• Fax(319)291-4523 • Date: February 17, 2021 Mayor QUENTIN To: Waterloo Mayor and Council HART From: Brian Bowman, Operations Supervisor, Waste Management Services COUNCIL MEMBERS RE: Resolution Approving Supplemental Agreement No.5 with AECOM Technical Services, Inc.for """""""""' the Dry Run Interceptor Project (Contract No.877) MARGARET Background Discussion: KLEIN Wards The Dry Run Creek Interceptor Project was initially conceived in 2014. Supplemental Agreement JONATHAN No.1 for the Construction Related Services (CRS) was approved in 2016.The project went through GRIEDER various design changes and a lengthy permitting process requiring Supplemental Agreements No. Ward 2 and 3.The Construction Contract was awarded to Boomerang Corporation of Anamosa, Iowa in PATRICK December of 2019. Supplemental Agreement No. 4 addressed Construction Related Services and MORRISSEY Engineering review for the anticipated completion of the Project scheduled for the end of Ward November 2020.There has been some delays during the construction project, including borings JEROME across Hawkeye Road and Hammond Avenue and pipe installation across Sarah Drive (behind AMOS,JR. Walmart) extending the original completion date.The remaining work for the project is Ward 4 anticipated to be completed by the end of June 2021.This supplemental agreement will provide RAY additional construction-related services through completion of the project. FEUSS Wards Dry Run Creek Interceptor benefits the City of Waterloo twofold as it takes flow off Service Area SHARON 19, which was identified as an area that requires attention due to high flow rates, and it prepares JUON the City for future growth and development in the Dry Run Interceptor catchment area. At-Large DAVE Recommended Action: BOESEN At-Large It is recommended that the City Council support the resolution to approve Supplemental Agreement No.5 with AECOM in the amount of$75,000.00 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 644 of 693 AECOM 319-232-6531tel Com 501 Sycamore Street 319-232-0271 fax �L= Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO DRY RUN CREEK INTERCEPTOR CONSTRUCTION-RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 5 WHEREAS, a Professional Service Agreement was entered into by the City of Waterloo, Iowa, (Client), 715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street, Suite 222, Waterloo, Iowa, dated August 18, 2014, for design of the Dry Run Creek Interceptor, and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on May 16, 2016, for providing construction-related services for the project and State Revolving Fund application assistance; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 2 on August 20, 2018, for design and construction-related services for the installation of a stand-by emergency generator to provide the electrical requirements for the City of Waterloo's Hawkeye Lift Station as part of the Dry Run Creek Interceptor project; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 3 on March 4, 2019, for upgrading the design of the Dry Run Creek Interceptor project to accommodate greater wastewater flows from potential development within the collection area; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 4 on July 13, 2020, for additional construction-related services; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 5 for additional construction-related services. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. Project Description The Dry Run Creek Interceptor Project includes construction of pumping station, force main and sanitary sewer along the San Marnan corridor. The project will provide capacity for continuing to expand the area south of San Marnan Drive and also re-direct flow from the current Tower Park Pumping Station out of Service Area No. 19 to reduce some overloading in the 9t" Street corridor. The new pumping station will replace the Tower Park Station. The new force main will take flow from the pumping station to the east along San Marnan Drive (about 2,700 LF) to a gravity sewer system along San Marnan Drive (about 8,500 LF), which will flow east and connect to the existing sanitary sewer along Hess Road. The project provides numerous benefits for economic development and improves flow conditions in a portion of the system which currently experiences overloading during wet- weather flows. This project was first designed and permitted in 2015. After 2015, the City pursued utilizing State Revolving Fund (SRF) as the funding source for the project. The project has had several redesigns since that time that include doubling the capacity of system to allow for more growth in the area served, adding emergency power to Hawkeye Lift Station, revisions required to comply with the updated code requirements in later years and SRF requirements. During the easement acquisition phase, there were a number of items required by one of the landowners that led to some additional design revisions for the Page 645 of 693 �L=COM Page 2 project. In addition, during the bidding period, additional soil borings were acquired to further determine the amount of rock removal needed to build the project. This project is currently under construction. There have been some delays during the project, including the borings across Hawkeye Road and Hammond Avenue and the pipe installation across Sarah Drive (behind Walmart) extending the original completion date. The remaining work for the project is anticipated to be completed by the end of June 2021. This supplemental agreement will provide additional construction-related services through completion of the project. II. Scope of Services The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide additional construction-related services and engineering assistance for the current project to the City under the SRF process. The Scope of Services is further defined as follows: Task 1 - Submittals. 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 2 - Horizontal and Vertical Control. Provide horizontal and vertical control for the project including: • Grade Stakes - Alignment and grade for fencing, paving, pump station appurtenances and other items as needed. • Construction Limits - Identify where needed. Property staking and surveys are not included with the scope of this item. Task 3 - Project Intentions. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 4 - Contractor Payment Applications. Process monthly applications for payment submitted by the Contractor and forward to the Client for execution with recommendations for approval and payment. Task 5 - Field Testing Conformance Review Assistance. Witness/provide, where applicable, field testing of the facilities furnished under the contract to assist in determining conformance with the contract documents. Task 6 - Site Visits by Design Personnel. Visit the construction site by design personnel at appropriate stages of construction to review the quality of the work and to determine, in general, whether the work conforms to the contract documents. Task 7 - Change Order Preparation and Processing. Assist the Client and Contractor in preparing and processing contract change orders. Task 8 - Field Observation. Provide periodic 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. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9 - Conformance Updates to Client as Needed. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise Client of any work that should be corrected or rejected. Page 646 of 693 AECOM Page 3 Task 10 - Evaluate Contractors Suggestions for Modifications. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 11 - Maintain Files During Promect. 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 12 - Operation and Maintenance Manuals. Compile Equipment Manufacturer's and Vendors Operation & Maintenance (O&M) material from Contractor and distribute two sets of O&M manuals to the Client at the completion of the project. Task 13 - Start-Up Training Coordination. Coordinate and attend one-day training and start-up sessions by Contractor and equipment manufacturer(s) to orient Client's operating personnel in operation of the facilities. Task 14-Review of Project. 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 15 - Field Observation of Completed Pro ect. 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 16 - Revised Plans Showing Changes Made During Construction. Provide the Client with a copy of revised drawings of the construction plans for the project based on the construction observation records of the review staff and Contractor showing those changes made during construction considered significant. Task 17 - Documentation Close-Out. Assist the Client with the final close-out documentation from the Contractor. Ill. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in Supplemental Agreement Nos. 1, 2, 3 and 4. The estimated fee is Seventy-Five Thousand Dollars ($75,000.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated August 18, 2014, IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 5 as of the dates shown below: AECOM TECHNICAL SERVICES, i Ey �QWJal 2M �,,/, JkkEQ J/hlnDate February 22, 2421 Douglas W."S__65K P.E. Associate Vice President APPROVED FOR CLIENT: By: Date 0:lAdministrationlAGREEISUPPLE1SA5 Waterloo Dry Run Creek CRS.doex Page 647 of 693 CITY OF WATERLOO Council Communication Resolution approving request to piggyback on the State of Iowa bid for the purchase of a one (1)2021 Chevrolet Tahoe from Karl Chevrolet of Des Moines, Iowa, in the amount of$36,455.50, for the Police Crime Lab. City Council Meeting: 3/1/2021 Prepared:2/19/2021 ATTACHMENTS: Description Type ❑ Quote - Tahoe Backup Material Resolution approving request to piggyback on the State of Iowa bid for the SUBJECT: purchase of a one(1) 2021 Chevrolet Tahoe from Karl Chevrolet of Des Moines, Iowa, in the amount of$36,455.50, for the Police Crime Lab. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Resolution Summary Statement: An updated vehicle is needed to replace the current Explorer for the Crime Lab. Source of Funds: GO Bond Funding 420-11-1100-2117 Policy Issue: Strategy: 2.2 Enlist all City Departments and staff members in efforts to promote a safer community. Page 648 of 693 Firefox https://barsrr-autopartners.net/main/documenidetail?index=V INV.I... 2021 TAHOE 4WD POLICE VEHICLE GENERAL MOTORS LLC 4,Ril. 318LK_ /V8G HIT JET BLACK RENAISSANCE CENTER ORDER NO. XZV7,BM/FNR STOCK NO. DETROIT M1 48243-1114 VIN 1GN SKLE D3 MR262894 VEHICLE INVOICE IAD65666124 MODEL & FACTORY OPTIONS MSRP INV AMT FLEET 10706 TAHOE 4WD POLICE VEHICLE 51000.00 46716.00 INVOICE 01/31/21 At: REMOTE KEYLESS ENTRY FLT PKG 75.00 66.00 SHIPPED 01/30/21 7 KEY - COMMON FLEET 25.00 22.00 EXP I/T 02/05/21 RT REMOTE VEHICLE STARTER SYSTEM 300.00 264.00 INT COM 02/05/21 FE9 50-STATE EMISSIONS NIC NIC PRC EFF 09/24/20 ELT FLEET NIC NIC KEYS 20700 20700 L84 ENGINE, 5.3L ECOTEC3 V8 NIC N/C WFP-F QTR OPT-1 MQC TRANSMISSION, 10-SPEED AUTO NIC NIC FAN: 000899998 R9Y FLT-FLEET MAINTENANCE CREDIT 33.75- 29.70- BANK: ALLY -- 007 UDA ONSTAR DELETE 85.00- 74.80- CHG-TO 18-386 VQ2 FLT-FLEET ORDERINGASSISTANCE 0.00 0.00 6F? SINGLE KEY SYSTEM 25.00 22.00 SHIP WT; , 5616 u'J7 FLASHER SYSTEM - HEADLAMP & 50.00 44.00 HP: 45.5 TAILLAMP GVWR: 7400 9Ci POLICE PACKAGE 4300.00- 3784.00- GAWR.FT: 3500 GAWR.RR: 4300 NTR: 1/2 CUST PO NUMBER: 2021 STOCK 1 TOTAL MODEL & OPTIONS 47056.25 43245.50 ACT 237 44540.50 DESTINATION CHARGE 1295.00 1295.00 TOTAL 48351.25 44540.50 PAY 310 44540.50 INVOICE DOES NOT REFLECT DEALER'S ULTIMATE COST BECAUSE OF MANUFACTURER REBATES, ALLOWANCES, INCENTIVES, HOLDBACK, FINANCE CREDIT AND RETURN TO DEALER OF ADVERTISING MONIES, ALL OF WHICH MAY APPLY TO VEHICLE. THIS MOTOR VEHICLE IS SUBJECT TO A SECURITY INTEREST HELD BY ALLY. REMIT TO ALLY NO. 007 KARL CHEVROLET, INC. VIN 1GNSKLED3MR262894 $ 44540.50 INV IAD65666124 DUE 02/05/21 DEALER 18-386 of] Pao 92df m CITY OF WATERLOO Council Communication Resolution approving request to piggyback from the current open bid originally awarded by council on April 8, 2019, for the purchase of three (3)2021 (or newer) 119 Explorer Police AWD, 4 Dr. SUVs, from Stivers Ford of Waukee, Iowa, in the amount of$35,088 each, for a total of$105,264, for the Police Department. City Council Meeting: 3/1/2021 Prepared:2/19/2021 ATTACHMENTS: Description Type ❑ Stivers Quote Backup Material Resolution approving request to piggyback from the current open bid originally awarded by council on Al2H 8, 2019, for the purchase of three(3) SUBJECT: 2021 (or newer) 119 Explorer Police AWD, 4 Dr. SUVs, from Stivers Ford of Waukee, Iowa, in the amount of$35,088 each, for a total of$105,264, for the Police Department. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Resolution Summary Statement: Request authorization to purchase from existing bid -three(3) Police SUVs for FY21. Replacing Police vehicles is on an annual rotating basis. Expenditure Required: $35,088 each Total- $105,264.00 Source of Funds: GO Bond Funding 420-11-1100-2117 Policy Issue: Strategy:2.2: Enlist all City Departments and staff members in efforts to promote a safer community. Background Infonnation: Recommendation is to purchase 6-7 Police vehicles per year to replace vehicles in poor condition with over 100,000 miles. Page 650 of 693 Prepared for: City of Waterloo Prepared by: Ron Reese 02/22/2021 Stivers Ford 1450 East Highway 6 Waukee Iowa 1502638310 2021 Police Interceptor Utility AWD Base (K8A) Price Level: 125 1 Quote ID: 021921 Pricing Summary - Multiple Vehicles MSRP Vehicle Pricing Base Vehicle Price $122,535.00 Options $660.00 Colors $0.00 Upfitting $0.00 Fleet Discount $0.00 Destination Charge $3,735.00 Subtotal $126,930.00 Pre-Tax Adjustments Code Description MSRP State discount Iowa governmental discount -$21,666.00 Total $105,264.00 Customer Signature Acceptance Date Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. Page 651 of 693 CITY OF WATERLOO Council Communication Request by L and BB, LLC, for a Site Plan Amendment to the"R-3,R-P"Planned Multiple Residence District to allow for the development of six(6)residential lots for single family homes, on a site previously approved for two (2)duplexes, an increase in the number of approved residential units from four(4)to six(6), located southeast of 2950 Southland Drive. City Council Meeting: 3/1/2021 Prepared:2/3/2021 ATTACHMENTS: Description Type ❑ Public Comment Backup Material ❑ Staff Report Backup Material ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ FEMA 2011 Current FP Map Backup Material ❑ FEMA Preliminary FP Map Backup Material ❑ Previously Approved Site Plan Backup Material ❑ Site Plan Backup Material ❑ Pictures Backup Material ❑ Application Backup Material Motion to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by L and BB, LLC, for a Site Plan Amendment to the"R-3,R-P"Planned Multiple Residence District to allow for the SUBJECT: development of six (6)residential lots for single family homes, on a site previously approved for two (2) duplexes, an increase in the number of approved residential units from four(4)to six 6), located southeast of 2950 Southland Drive. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted here is a request by L and BB, LLC, for a Site Plan Amendment to the"R-3,R-P"Planned Multiple Residence District to allow for the development of 6 residential lots for single family homes. The site was previously approved for 2 duplexes. The Site Plan Amendment Summary Statement: increases the number of approved residential units from 4 to 6, located southeast of 2950 Southland Drive. The Planning and Zoning Commission unanimously approved the request at Page 652 of 693 their regular meeting on January 12, 2021. Expenditure Required: None Source of Funds: N/A Strategy 1.3: Ensure that development ready sites exist and realistic, Policy Issue: meaningful incentives are defined to attract new business and support existing businesses. The applicant is requesting to construct 6 homes along the south and east side of Charm Drive. The"R-3,R-P"Planned Residence District is site plan specific, and changes to the site plan must be approved through the major site plan amendment process. The area is zoned"R-3, R-P"Planned Residence District which is intended and designed to provide for greater flexibility and diversification of land uses. Staff believes that the new residential development will be compatible with and have a positive impact upon the surrounding neighborhood. There have been drainage issues with the site in the past and the City has received calls from neighboring property owners during heavy rain events. It was noted by Wendell Lupkes with VJ Engineering that the site will have a 17,125 SF stone water detention area, a 50' drainage easement on the southeast portion of the property, and a 25' drainage easement on the southwest portion of the property to address drainage concerns. Lupkes indicated that the applicant plans to apply for a Letter of Map Amendment (LOMA) through FEMA to remove the site out of the 100-year floodplain. A similar site plan amendment to allow for the construction of 6 single family homes on lots C-5 and C-6 was tabled by the Planning and Zoning Commission on November 14, 2017 and the application was later withdrawn by the applicant. Much of the opposition to that request was based upon drainage concerns and having lots filled in to raise the elevation of the building sites. However, it should be noted that the lots were legally allowed to be filled in and lots C-5 and C-6 have subsequently been raised to an elevation of 873.2 feet and the finished floor elevation for each home site will be 874.2 feet or one foot above the base flood elevation for the proposed FEMA preliminary floodplain map. Background Information: Therefore, staff recommends that the request by L and BB, LLC, for a site plan amendment in the"R-3,R-P"Planned Residence District located southeast of 2950 Southland Drive be approved for the following reasons: 1. The proposed use would appear to have a positive impact on the area by bringing additional housing on vacant land within a residential area. 2. The proposed use has a drainage design to properly direct storm water from the development, though the platting process. 3. The proposed use would not appear to have a negative impact Page 653 of 693 on the area and would be compatible to existing development. The proposed development is within the density requirements as set forth in the Zoning Ordinance for this particular zoning district. The area was previously approved for commercial uses, so single family homes would appear to be more compatible with and have a positive impact on the neighborhood. 4. The proposed use would not appear to have a negative impact on traffic and pedestrian conditions in the area, as the lots sit upon previously built local roads. And subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. Including, but not limited to parking, landscaping, screening, drainage, etc. Legal Descriptions: Lot C-5 and Lot C-6, Southland Park Third Addition, Waterloo Black Hawk County, Iowa Page 654 of 693 f cam,d da),e-S Cc-.:,iu©o Assoc, . 4 Poe?� )4- l ac ,p� c� y� ` moi DRQ�� A,04 6411 LL_C . T me)) �.ehe C LQ 1-Ssoc1a T/ � 190 r��1 �Y v !`f (�1�I L14�f �i Ty 7z) Al 7712•v ' e G'� t� e��a�q Uto ��ocec �cLf of �c� vAJ AAOOJO/fy) er�T ZVAC-11C-7f ss 4-L� Le� e- 6,A* s cv-v ZL of 693 70/� S February 15,2021 REQUEST: Request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of 6 residential lots for single family homes. The site was previously approved for 2 duplexes. The Site Plan Amendment increases the number of approved residential units from 4 to 6, located southeast of 2950 Southland Drive. APPLICANT(S): L and BB, LLC, 1825 Jefferson Street, Waterloo, IA 50703 GENERAL The applicant is requesting to allow for the development of 6 DESCRIPTION: single family homes, just south and east of Charm Drive, and southeast of 2950 Southland Drive. SURROUNDING The request for a Site Plan Amendment would not appear to LAND USES AND have a negative impact upon the surrounding area. It would IMPACT ON appear that the proposed residential uses would blend in well NEIGHBORHOOD: with the surrounding neighborhood which consists of three commercial buildings, multi-family condominiums, twin homes, and single family homes. The average lot size of the six residential lots to the north is 24,497 square feet. The average lot size for the 6 proposed residential lots is 12,654 square feet. The lots are a little smaller, but well above the "R-3" minimum lot size of 6,000 square feet. The average lot size for single family homes within 250 feet of the project site is 20,776 square feet. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on the surrounding traffic conditions in the TRAFFIC area. The proposed development would be served by CONDITIONS: Southland Drive and Charm Drive, which are classified as Local Streets, and Highway 63, which is classified as a Principal Arterial. RELATIONSHIP TO The Sergeant Road Recreational Trail runs along the RECREATIONAL northwest side of Highway 63. TRAIL PLAN: ZONING HISTORY The area in question was rezoned from "A-1" Agriculture FOR SITE AND District to "R-3, R-P" Planned Residence District on November IMMEDIATE VICINITY: 24, 1975. The property in question is comprised of two lots that were originally designated for commercial use. A site plan amendment was approved by the City Council on January 11, 2016 to change the use from commercial to residential duplexes on lots C-5 and C-6, so a total of 4 units was approved. Surrounding land uses and their zoning designations are as follows: North — Commercial and Residential Development, zoned "R- 3,R-P" Planned Residence District. South — Residential Development, including multi-family condominiums, zoned "R-3,R-P" Planned Residence District. SPA Southland Park Lots C-5 and C-6 Page 1 of Wage 656 of 693 February 15,2021 East — Residential Development, zoned "R-3,R-P" Planned Residence District. West — Commercial Development, zoned "C-P" Planned Commercial District. BUFFERS Buffers will not be required due to the development being REQUIRED/ NEEDED: single family homes. DRAINAGE: The site plan amendment request would not appear to have an impact on drainage in the area. The site plan amendment denotes a 17,125 SF storm water detention area, a 50' drainage easement on the southeast portion of the property, and a 25' drainage easement on the southwest portion of the property. DEVELOPMENT The surrounding area consists predominantly of light to HISTORY: moderate density commercial and residential uses in the adjacent, nearby areas, with development occurring from the 1980s to the 2010s. FLOODPLAIN: The proposed site plan amendment area is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Panel Number 19013CO283F, dated July 18, 2011 . However, it should be noted that FEMA's Preliminary Flood Plain Map that has yet to be approved/adopted by the City of Waterloo and is not yet an effective floodplain map, notes that the site plan area will be entirely located within the 100-year floodplain. The applicant has already placed fill on the proposed site plan amendment area to bring it up to the FEMA proposed 100- Year floodplain. All the home sites will have a finished floor elevation of 874.2'. The site plan amendment area will have a base flood elevation of 873.2' once the FEMA preliminary map is approved/adopted by the City of Waterloo. Therefore the proposed development will meet all floodplain regulations and should be eligible for a Letter of Map Amendment (LOMA) to remove it from the floodplain status once the preliminary floodplain maps do become affective, which is not anticipated to happen until at least March of 2022. PUBLIC /OPEN Prescott's Creek is located 400 feet north of the site plan SPACES/ SCHOOLS: amendment area. Kingsley Elementary is located 3.5 miles to the northeast, Hoover Middle School is 2.7 miles to the northeast, and West High is located 3.1 miles to the northeast. UTILITIES: WATER, There is a 12" sanitary sewer line, 12" water line, and 15" SANITARY SEWER, storm sewer that is located within Charm Drive to the north STORM SEWER, ETC. and west of the proposed residential development. RELATIONSHIP TO The proposed development is not in conformance with the COMPREHENSIVE Future Land Use Map which designates this area as Mixed LAND USE PLAN: Commercial: Medium to High Density Residential; Professional Offices; and Neighborhood Commercial. SPA Southland Park Lots C-5 and C-6 Page 2 of Page 657 of 693 February 15,2021 However, the proposed site plan amendment is in conformance with the Comprehensive Plan which supports Land Use Goal Number 4, in which the community should work to offer a variety of housing opportunities to residents. The Future Land Use Map is used as a guide when making land use decisions. The City of Waterloo is currently in the beginning stages of updating its Comprehensive Plan and it may be necessary to change the Future Land Use Map to reflect the change in the proposed land use to a less intensive land use than it was originally approved for. STAFF ANALYSIS — The applicant is requesting to construct 6 homes along the ZONING south and east side of Charm Drive. The "R-3,R-P" Planned ORDINANCE: Residence District is site plan specific, and changes to the site plan must be approved through the major site plan amendment process. The area is zoned "R-3, R-P" Planned Residence District which is intended and designed to provide for greater flexibility and diversification of land uses. Staff believes that the new residential development will be compatible with and have a positive impact upon the surrounding neighborhood. A site plan amendment for lots C-5 and C-6 received a recommendation of approval by the Planning and Zoning Commission on December 1, 2015 and approval by the City Council on January 11 , 2016 with the passage of Ordinance 5327 to change the lot designation from commercial to residential to allow for two duplexes. A similar site plan amendment to allow for the construction of 6 single family homes on lots C-5 and C-6 was tabled by the Planning and Zoning Commission on November 14, 2017 and the application was later withdrawn by the applicant. Much of the opposition to that request was based upon drainage concerns and having lots filled in to raise the elevation of the building sites. However, it should be noted that the lots were legally allowed to be filled in and lots C-5 and C-6 have subsequently been raised to an elevation of 873.2 feet and the finished floor elevation for each home site will be 874.2 feet or one foot above the base flood elevation for the proposed FEMA preliminary floodplain map. The Planning and Zoning Commission unanimously approved the request at their regular meeting on January 12, 2021 . STAFF ANALYSIS — A subsequent plat will be forth coming for the proposed SUBDIVISION development of this site. ORDINANCE: TECHNICAL REVIEW COMMITTEE: Jamie Knutson with the City Engineering Department had SPA Southland Park Lots C-5 and C-6 Page 3 of Page 658 of 693 February 15,2021 questions regarding drainage issues with the site and indicated that he has received calls from neighboring property owners during heavy rain events. It was noted by Wendell Lupkes with VJ Engineering that the site will have a 17,125 SF storm water detention area, a 50' drainage easement on the southeast portion of the property, and a 25' drainage easement on the southwest portion of the property to address drainage concerns. Lupkes indicated that the applicant plans to apply for a Land of Map Amendment (LOMA) or Land of Map Amendment — Fill (LOMA-F) through FEMA to remove the site out of the 100-year floodplain. Lupkes indicated that he will add setbacks on the site plan to better illustrate the layout of homes for the proposed six lots. STAFF Therefore, staff recommends that the request by L and BB, RECOMMENDATION: LLC, for a site plan amendment in the "R-3,R-P" Planned Residence District located southeast of 2950 Southland Drive be approved for the following reasons: 1. The proposed use would appear to have a positive impact on the area by bringing additional housing on vacant land within a residential area. 2. The proposed use has a drainage design to properly direct storm water from the development, though the platting process. 3. The proposed use would not appear to have a negative impact on the area and would be compatible to existing development. The proposed development is within the density requirements as set forth in the Zoning Ordinance for this particular zoning district. The area was previously approved for commercial uses, so single family homes would appear to be more compatible with and have a positive impact on the neighborhood. 4. The proposed use would not appear to have a negative impact on traffic and pedestrian conditions in the area, as the lots sit upon previously built local roads. And subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. Including, but not limited to parking, landscaping, screening, drainage, etc. SPA Southland Park Lots C-5 and C-6 Page 4 of Page 659 of 693 City of Waterloo Planning, Programming and Zoning Commission February 15, 2021 jBlackHawk �. �GxGxEoa 1 Creek spa j 1 c' 63 ux o .TMExGxx � � Q g#g Pip ae o pi °>ayE og4�IrcixG O uA weG.xi \F��o - oi.xox on 1 Gt 1 0 e 20 �7 a +a Bl Ha k reek ! - °°�� u IgwsxnuuGax w.�x.x,�Gxx 1 1 63 a 1 1 i yu1111u1111u umuIIIuMIMuMIMII umumumu�.■�u�u�■.�n�u�.■�u�u�■u■uu�u�n�u�u�■uu� N Southeast of 2950 Southland Drive w E Site Plan Amendment s L and BB, LLC 1,000 500 0 1,000 Feet Page Page 660 of 693 City of Waterloo City Council February 15, 2021 2950 Southland Drive iw ' w Property requesting site plan amendment ' CHA .� 4 a ' a ; a � >eP CHA 4701 Twin Pines Drive P �q I i ♦, 1C R . . ... k O�0R�P ppo N Southeast of 2950 Southland Drive w E Site Plan Amendment s Aerial Map • L and BB, LLC Page 661 of 693 City of Waterloo City Council February 15, 2021 t : �o 2950 Southland Driveiw '' Property requesting site plan amendment \ i CHAR o ?oeP CHAP, ` Q- aN i �. � V 1 Ns' Ilk 10 4701 Twin Pines Drive` L �z N Southeast of 2950 Southland Drive W E Site Plan Amendment s 2011 FEMA FP Map • L and BB, LLC Page 662 of 693 City of Waterloo City Council February 15, 2021 2950 Southland Drive Property requesting site plan amendment so CHAR R r` 0� 5PR a CHARM D ,o 4701 Twin Pines Drive 1 os,�090\0?, �m N Southeast of 2950 Southland Drive W E Site Plan Amendment s FEMA Preliminary FP Map • L and BB, LLC Page 663 of 693 SOUTH LAND PARK N 0 _ DETENTION BASIN DETAILS LOTS C 5 & C 6 _ —$ CONTROLLED RELEASE RATE M/ S M INTAKE DETAIL 6 CHARM D NOT TO SCALE - IMPROVEMENT-S '8,/ NVS DOT SW-512-24"R MVS ED N _ INLET ELEV=871.00 IDOT SW-604 TYPE 4A GRATE 0 TOP BERM=871.50 rn POND SIDE OVERFLOW EL =871.00 / f �_ 41 SLOPE \ / 1 �� 5 L.F.6"0 PVC PIPE 4:1 SLOPE SD / �—L €,4S€ME \ @0%FL=869.78 I �`�Qj�1 n _gEj,sACX Cly lGS I�NI�AA INSTALL EROSION 24 SEWER SER�T('C�STUB v/1\ �j STONE AROUND PIPE 4SQOR/� �j (VERIFY LOC «<\\\\ S\ END TO OUTLET page 8 L.F.2"0 PVC PIPE @ 0%FL=869.00 12"0 HDPE868.90 scale Proposed Duplex \\\\ \�j\ 42"0 PRECAST BASE��T' DSUBBASE rQWno by 875 > FFE=874x2 \ \ \ ✓ JLK WEST DETENTION STORM WATER DESIGN NOTES n 4 e 60.50FT EXIST NG /. 1. DESIGN PARAMETERS: 1 27 2O 17 SANITARY SEVER A.EXISTING SITE-5 YEAR STORM/EXIS G SANITARY �� B.FULLY IMPROVED SITE-100 YEAR STORM 4MSTUB PLUGGED �Q E ER SERVICE STUB 2. ALLOWABLE SITE RELEASE(5 YEAR STORM)=1.56 CFS N SLOPE h P / 00 (VERIFY LOCA � � � ) IFY LOCATION) VE � 3. MAXIMUM STORAGE VOLUME REQUIRED 100 YR.=14,447 CUBIC FEET 4. DETENTION STORAGE PROVIDED:14,917 CU FT @ DESIGN POOL ELEV.=871.00 INSIDE SLOPE OF POND=4:1 T O T //\ 5 MAXIMUM PONDING DEPTH-2.0 FT a N L `�\\ `J \ 6. INSTALL OUTLET PIPES&STRUCTURES PER PLAN&DETAILS. Si /o/ / // NOTESCONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST REVISION OF •N �/ `� SUDAS AND THE LATEST EDITION OF THE CITY OF WATERLOO'S SUPPLEMENTAL c o ROP SED / Proposed Duplex I\\ \ SPECIFICATIONS. SID ALK � O FFE=874,2 \ / LC a 3 cb^/// �5 6 2. DISTURBED AREA = 2.078 ACRES. V o / 10 PROPOSED 5' \ 3. ALL CONTRACTORS SHALL CONDUCT THEIR OPERATIONS IN A MANNER THAT > ~ EXTENDED CONTROLS POLLUTANTS, MINIMIZES EROSION, AND PREVENTS SEDIMENTS FROM y DRAINAGE \ ENTERING WATERS OF THE STATE AND LEAVING THE PROJECT SITE. 874 $1`L EASEMENT \ LA LL_ eP�; i 4. RESTORE ALL SURFACES DISTURBED BY CONSTRUCTION RELATED ACTIVITIES TO LOT C — 6 / NEW OUTLET CONTROL A CONDITION AT LEAST EQUAL TO THAT IN WHICH THEY WERE FOUND BEFORE / / O/ 4T E 512 W//SW-6014 WORK COMMENCED. USE SUITABLE MATERIALS AND METHODS FOR \ = RESTORATION. IM 873.00 U /10� " IN=8695. ALL BUILDING PADS ARE TO BE BROUGHT UP TO AN ELEVATION OF AT LEAST 2 "0fd IN=869.0.0 0 THE 100—YR FLOOD ELEVATION OR HIGHER � 12"0 OUT=868.90 6. ALL TREES IN THE WAY OF RE—GRADING ARE TO BE REMOVED AS �Z ^� \ NECESSARY. 7. EXISTING SCREENING EASEMENT TO BE VACATED. 8. STORM SEWER SHALL BE PROVIDED WITH CLASS F-3 TRENCH BEDDING PER SUDAS SW-103. N 50'DRAINAGE \ \ 6 / I— EASEMENT \\ / 9. ALL WATER SERVICE STUBS ARE PROPOSED AND SHALL COMPLY WITH SUDAS\ I?SECTION 5010. LLJ 0'DRAINAGE 10. PROPOSED CONTOURS REPRESENT TOP OF FINISHED GRADE.\ o EASEMENT W \ / 11. ROUGH FILL ESTIMATE = 7,200C.Y. Y a_ OPOSED 5' Q I N ( / I/ TENDED NORTH DRAINAGE I hereby certify that this engineering document was EASEMENT prepared b me or under m direct personal supervision 11 \ \ \ESS I/p��'o,, and that I am a duly licensed Profesional Engineer under Z °"° 9� %�� the laws of the State of Iowa. NOTES 1. THE LOCATION OF UTILITIES INDICATED ON THE _��o° Licensed J LO Q y J DRAWINGS ARE TAKEN FROM EXISTING PUBLIC IOWA t, =z 22647 _ RECORDS. THE EXACT LOCATION AND ONE CALL = °° �\ DANIEL M. ARENDS, P.E. DATE F— N _�° Daniel M. "'_ ELEVATION OF ALL PUBLIC UTILITIES SHALL BE �� License number 22647 w DETERMINED BY THE CONTRACTOR. IT SHALL TO 800 1 292-8989 Arends O O TOLL FREE �i*°°°°°°°°°°°*o`er M license renewal date is December 31, 2018 J fn �SCERTAIN WHETHERE THE DUTY ANY ADDITIONAL THE CUTLITIES GALL-BEFORE-YOU-DIG ''/////////�(OIW1A\\\ \ y 0 25 50 100 — Pages or sheets covered by this seal: OTHER THAN THOSE SHOWN ON THE Page 693 178063DRAWINGS MAY BE PRESENT. a $= FEATURE LEGEND M NTAKE CH RM D b • PROPERTY CORNER FOUND PROTECTION tJS NVS ® SECTION CORNER FOUND � �_ q�51 WAL ( �j 100.00 DIMENSION OF SURVEY o g75� / � �� K \ \ (100.00) DIMENSION OF RECORD v2 l / \ -COMM- EXISTING COMMUNICATION L €ME3�� — G — EXISTING GAS SD ONSTRUCTION — ST — EXISTING STORM SEWER �� q �a / f ���111LQ1�IG_SEZBAGIL AXI NGSQNI AAR�RY \ y� '� SEWER SER�TG'C�STUB ^?.\ w� ENTRANCE —SAN— EXISTING SANITARY SEWER (VERIFY LOCATION) s\ NTAKE — T — EXISTING TELEPHONE page ��� \\ PROTECTION = C = EXISTING CABLE sca e //1 /�/ Proposed Duplex \ � E EXISTING ELECTRIC 1:50 875/ �� / / / FFE=8742 \�� — W — EXISTING WATER drawn by AK —OHU— EXISTING OVERHEAD UTIL. JLK NT — FO — EXISTING FIBER OPTIC 60.50FT EXIST�NG / �1 \`\ ROTECT date SANITARY SE ER / \� PP / —�� EXISTING FENCE 11 27 201 STUB PLUGGED ((( / EXIS G SANITARY '9 Al X EXISTING LIGHT POLE 0.4%SLOPEE ER SERVICE STUB (VERIFY LOCA ) qP RIFY LOCATION) EXISTING UTILITY POLE 00 J � j © EXISTING ELECTRICAL BOX LO EXISTING MANHOLE �p LOT J / \ EXISTING FIRE HYDRANT 0 N ) x EXISTING WATER VALVE 3 � jT / N EXISTING GAS VALVE a ECTIO / P TT16yl/j T❑ EXISTING TELEPHONE PED. a M EXISTING TREE •(D M I ROP SED ��G� Proposed Duplex 10TON \ \ —000— EXISTING CONTOURS -2 � PROPOSED CONTOURS SID ALK O -874.2 ER •r" 0 ST /// \\ 00 w t 3 solL T N PROPOSED 5' \ XOOO.00 PROPOSED GRADES 0 STOCKPILE T N AREA �1� ��ffyE EXTENDED \ \ X000.00 EXISTING GRADES DRAINAGE \ PROPOSED SILT FENCE 2 EASEMENT \ O p LOT C >� O O SILFENC 76Ld0 \ NOTES l.T\� \ FN / 1. EROSION AND SEDIMENT CONTROLS SHALL BE INSTALLED, MAINTAINED, AND Z \� 8� p / l REMOVED IN ACCORDANCE WITH SUDAS SECTION 9040 AND THE FOLLOWING FIGURES: Q FILTER BERM AND FILTER SOCK: FIGURE 9040.102 J 50'DRAINAGE \ / (n EASEMENT \ -ROLLED EROSION CONTROL PRODUCTS(RECP): FIGURE 9040.103 AND 9040.104 11-_ \ \ ,�� WATTLE: FIGURE 9040.105 w O i4' SILT FENCE: FIGURE 9040.119 AND IDOT EC-201 M a_ 50'DRAINAGE STABILIZED CONSTRUCTION ENTRANCE: FIGURE 9040.120 W\ Z EASEMENT INTAKE PROTECTION: IDOT STANDARD ROAD PLAN EC-204 p O \ / Y d U &) / � 2. CONTRACTOR SHALL DETERMINE THE LOCATION ON THE PROJECT SITE, INSTALL, AND w M OPOSED 5'� Z ( / gXTENDED UPDATE LOCATION ON SWPPP PLAN THE FOLLOWING: � NORTH I I �/ DRAINAGE STABILIZED CONSTRUCTION ENTRANCE EASEMENT SOIL AND TOPSOIL STOCKPILE AREAp U 0 CONSTRUCTION MATERIALS AND EQUIPMENT STORAGE AREA Z d N \ WASTE DISPOSAL AREA �\ \ 86 PORTABLE TOILET J L y J CONCRETE WASHOUT AREA 2 V Z SPILL KIT ~ O SWPPP MAILBOX 000 N -1 w 0 25 50 100 Page 665 of 693 [178063) m o COQ � D A^ zD m 'S" sgti �° ti 1m O \\ s / , / 0�- oo V S � w O ►► ,� \ oo J ,►�(_- , PO lilt// / \ f ►i i\ \60 0 ► \ O -n (00 \ ` I\ ^' r i� \ • \ \ `\ I O� \ \ \ \ Z 0 CnO OC) 4h. 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O m SDA x0 A� mA xA .Z�ImS D � CAfnAll m Pr- C/)0 ° W pp (n 'mom m NCN Z<D<D0AM DV 0 '000 C7 Z � INr� A0A � AA Z GD ? SCD m .ZIZ ��J E A Rl m r Z r m ITI 0 O I'*1 N m > A C S N ° m < m r D dod m -0 m y ov � zo � pZ Om n � my ox � z vv � � Cp p mGD m zav DG 0 � m D n 0 p M v m o > z O m 00 SOUTHLAND PARK VJ Engineering N CL a N LOTS C-5 & C-6 IMPROVEMENTS 1501 Technology Parkway N = Ln o cr R—P SITE PLAN AMENDMENT Cedar Falls, Iowa — 319-266-5829 0 Cr revisions date;;, Page 666 of 693 North of 4701 Twin Pines Drive — Site Plan Amendment T. t _+�r • . �� -��! _y���+-*tea ,� � ..� _ �I• # .. 4' qwil � *` �� — •a'i� 'fes. .EL r ' Looking southwest from the northeast corner of the property along Charm Drive. fi ,I E' l v:l it.s tir Looking south from Charm Drive at the northeast corner of property. Page 667 of 693 4f .5 5 IL W R _ Looking east from Charm Drive. 4 i Looking east along Charm Drive at recently built homes. Page 668 of 693 - Looking east Charm Drive. I Looking south alongDrivePeaks r , bd Looking east from Charm Drive. �Y Looking at the southeast of the project area along the fence line Page 670 of 693 - �' a•�J "1' �may'�'t-.moi � - �� - . '/. Page 671 of •• 4 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C "B-P", GiS_1" OR"C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building 0 Minor change J_(check one) (Minor Change must be approved by staff) 1, APPLICATION INFORMATION: a. Applicant's name(please print): L and BB, LLC Address: 1420 W Airline Hwy Phone: 319-232-0677 .Fax: City: Waterloo State: IA Zip: 50703 Email:cbeckman(cDchampionmotorsinc.com b. Status of applicant: (a)Owner(b)Other (SELECT 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 site plan to be amended: Southland Park 3rd Addition - Charm Drive b. Legal description of property or portion to be amended: Lot C-5 and Lot C-6. Southland Park s Third Addition, Waterloo, Black Hawk County, Iowa c. Dimensions of proposed site plan amendment:229.33' x 410.4' d. Area of proposed site plan amendment: 2.40 Acres e. Current zoning: R-3, R-P f. Reason(s)for site plan amendment and proposed use(s)of property: To divide existing lots into 6 residential lots and place detention basin f g. Conditions(if any) agreed to(does not affect existing conditions unless specified): -propose extending drainage easement additional 5 feet -eliminate existing screening easement 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 i (separate from site plan amendment request). The filing fee of$200(for new or overall amendment),$100(for individual Building),or$0 (for minor change) (payable !' to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will k require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. ? -W&ature Applicant Date Signa hue wner Date Page 672 of 693 CITY OF WATERLOO Council Communication Executive session regarding collective bargaining, pursuant to § 20.16. City Council Meeting: 3/1/2021 Prepared: Page 673 of 693 CITY OF WATERLOO Council Communication Design Review Board minutes of July 2020. City Council Meeting: 3/1/2021 Prepared:2/15/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Design Review Board minutes of July 2020. Submitted by: Submitted By: Page 674 of 693 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD REGULAR MEETING—4:00 P.M. July 23, 2020 Zoom Meeting—City Hall Hyberger called the regular meeting of the Highway 218 Design Review Board to order at 4:00 p.m. for the Zoom Meeting at City Hall. I. Roll Call The following members were present: Carty, Kuiper, Hansen, Wiele, Jordan-Burg, Weber, and Ottesen. Others in attendance were Bob Lodel with Excel Engineering, and Todd Meyer with Single Source Architects &Master Builders. Staff in attendance was Hyberger. II. Approval of the July 23, 2020 agenda. It was moved by Carty and seconded by Hansen to approve the agenda. Motion carried unanimously. III. Approval of the amended minutes from their Regular Meeting on June 22, 2020. It was moved by Ottesen and seconded by Carty to approve the amended minutes for the Regular Meeting on June 22, 2020. Motion carried unanimously. IV. Decision Items 1. Taco Bell's New 1,789 square feet building— 1819 La Porte Road Hyberger gave the staff report noting that staff is recommending approval to allow for the construction of a new 1,789 square feet Taco Bell Building at 1819 La Porte Road. Hansen had concerns regarding the weathered rustic metal panels that was discussed in the staff report. Lodel noted that the new metal panels will be prefinished to have a weathered rustic appearance, but will not consist of actual antique stained weathered rustic metal panels. Hyberger also noted that Kuiper provided some recommendations in regards to the submitted landscape plan before the meeting. The recommendations include: the relocation of three proposed shrubs that are located on the northwest corner of the Landscape Plan off of La Porte Road to the southern edge of the property; the placement of steel bed edging and decorative gravel around all proposed shrubs and trees identified on the Landscape Plan; remove all existing ash trees on the site; remove Burning Bush from the Landscape Plan and replace it with a dwarf shrub variety; and remove Arrowhead Viburnum from the Landscape Plan and replace it with a dwarf shrub variety. Lodel indicated that he would make changes to the proposed Landscape Plan and would incorporate all the recommendations made by Kuiper. It was moved by Jordan-Burg and seconded by Carty to approve the request to allow for the construction of a new 1,789 square feet Taco Bell Building at 1819 La Porte Road with the condition that the applicant will revise the Landscape Plan to incorporate all recommendations. These include the relocation of three proposed shrubs that are located on the northwest corner of the Landscape Plan off of La Porte Road to the southern edge of the property, the placement of steel bed edging and decorative gravel around all proposed shrubs Page 675 of 693 HIGHWAY 218 DESIGN REVIEW BOARD June 22, 2020 and trees identified on the Landscape Plan; remove all existing ash trees on the site, remove Burning Bush from the Landscape Plan and replace it with a dwarf shrub variety; and remove Arrowhead Viburnum from the Landscape Plan and replace it with a dwarf shrub variety. Motion carried unanimously. 2. Witham Auto Center 810 square feet building addition - 2033 La Porte Road Hyberger gave the staff report. Carty had questions concerning the squared masonry block that was going to be used for the project and if it will match up with the materials of the existing adjacent garage bay. Meyer noted that they will be using the same squared masonry block for the garage bay addition and that the proposed garage bay would match up with the existing garage bay on the northeast side of the building. It was moved by Jordan-Burg and seconded by Carty to approve the request to allow for the construction of the Witham Auto Center's 810 square feet garage bay addition. Motion carried unanimously. V. Discussion Items There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Carty and seconded by Weber to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 4:20 p.m. Respectfully submitted, J0 .r,,,-"7 ,v Seth Hyberger, Planner I Page 676 of 693 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of November 25, 2020. City Council Meeting: 3/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes of November 25, 2020 Cover Memo SUBJECT: Airport Board Meeting minutes of November 25, 2020. Page 677 of 693 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday November 25,2020 I. ROLL CALL Vice Chair Scott Voigt called the meeting to order, via Zoom, at 12:00 p.m. Chair Arlene Humble joined the meeting a few minutes late. Board Members Present: Gwenne Berry, Cary Darrah, Scott Voigt, David Deeds and Arlene Humble. Board Members Absent: Todd Holcomb. City Officials Present: Wendy Bowman. Airport Staff Present: Keith Kaspari, Airport Director, and Sheila Combs, Airport Bookkeeper. Other Attendees: David Hughes, AECOM; Christina Cole, Lindsay and Matt all from Advance Aviation. II. AGENDA AS RECEIVED OR AMENDED No changes, no motion. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director No questions on report. Mr. Kaspari provided an overview of highlights from Passenger surveys he's been conducting. B. Monthly Planning & Development Report—N/A C. Legislative Information—N/A D. Misc. Monthly Airport Reports No discussion. 1 Page 678 of 693 V. BOARD APPROVAL A. Approval of Minutes of the November 4, 2020 Regular Meeting Mrs. Darrah moved that the minutes of the November 4, 2020 meeting be approved, seconded by Mr. Deeds. Ayes: 4. Motion carried. B. Motion to Receive and File November 2020 Expenses Mrs. Darrah moved that the November 2020 expenses be received and filed, seconded by Mr. Deeds. Ayes: 4. Motion carried. VI. OLD BUSINESS N/A Mr. Voigt asked for an update on the Kingfisher lease. Mr. Kaspari stated there has been some progress made on lease negotiations. VII. NEW BUSINESS A. Board Discussion: General Discussion of Future Monthly Meeting Dates due to Board Member Conflicts; and, General Discussion of Scheduling Meetings on a Quarterly Time Table Due to COVID-19 Pandemic. Mr. Kaspari asked for input on meeting on a quarterly basis. Mrs. Humble stated that she feels the Board should continue to meet monthly. Mr. Voigt stated he agrees with Mrs. Humble. Discussed options for meeting dates. Mrs. Darrah stated that she thought the 41' Wednesday of the month was agreed upon at the previous meeting. Mr. Kaspari stated the he will check with Dr. Holcomb to see if that works with his schedule. B. Iowa DOT Aviation Bureau — Air Service Sustainment — Airport Services for Advance Aviation. Christina Cole, Lindsay and Matt from Advance Aviation, provided an in-depth presentation of their services and further addressed the three options for targeted marketing, discussed at the previous meeting. Board discussed the options, which for the Phase 1 proposal as presented by Advance Aviation personnel, would be paid for by the FY-21 Operating Budget for the airport. Iowa DOT Air Service Sustainment Grant (80%, matched with 20% city funds). Mr. Deeds moved that Board move forward with Advance Aviation, at the $60,175 level, knowing that we can move up to the $80,000 or$100,000 level if more services are needed, and funds remain available; seconded by Mrs. Berry. Ayes: 4. Motion carried. 2 Page 679 of 693 Mr. Voigt asked Mr. Kaspari to confirm that funds are available to cover this contract. Mr. Kaspari stated, yes, IDOT Air Service Sustainment grant funds will cover this contract. Funds remain under the FY-20 grant and we have also received the FY-21 grant. VIII. STAFF AND BOARD MEMBER COMMENT Mr. Kaspari stated that the next meeting will be January 27, 2021, due to the Christmas holiday. IX. ADJOURNMENT Mr. Voigt moved the meeting be adjourned at 1:20 p.m., seconded by Mrs. Berry. Ayes: 4. Motion carried. Respectfully submitted, 04LI`7 G117'T '�� Arlene Humble, Chairperson 3 Page 680 of 693 CITY OF WATERLOO Council Communication Planning, Programming and Zoning minutes of January 2021. City Council Meeting: 3/1/2021 Prepared:2/15/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Planning, Programming and Zoning minutes of January 2021. Submitted by: Submitted By: Page 681 of 693 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. JANUARY 12, 2021 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present electronically were: Virginia Wilber, Patrisha Serfling, Cody Leistikow, Craig Holdiman and Eric Donat. Members absent were: Steve Trost, Sue Flynn, Sylvia Jackson and Brandon Schoborg. Others present electronically: Noel Anderson—Community Planning and Development Director; Aric Schroeder and John Dornoff—Planning Department; Wendell Lupkes -VJ Engineering; Brian Schoon and Nick Fratzke—INRCOG; and 4 citizens. I. Approval of the Agenda It was moved by Holdiman, seconded by Serfling to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on November 10, 2020. It was moved by Holdiman, seconded by Leistikow to approve the minutes. Motion carried unanimously. III. Financial Report November 2020 Schroeder read the financial report. It was moved by Serfling, seconded by Holdiman to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Hearing-Rezone 1. Request City of Waterloo to rezone approximately 39 acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District located east of 2971 Independence Avenue. It was moved by Holdiman, and seconded by Donat to receive and place on file the statement of verification at 4:04 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the rezone request. There were no comments on this request. It was moved by Donat, seconded by Leistikow to close the public hearing. Motion carried unanimously. The hearing was closed at 4:11 p.m. It was moved by Serfling, seconded by Donat to recommend approval of the rezone request. Motion carried unanimously. B. Hearings-Site Plan Amendments Page 682 of 693 Planning and Zoning Commission January 12,2021 1. Request by L and BB, LLC for a site plan amendment to the "R-3,R-P"Planned Multiple Residence District to divide two existing lots into 6 residential lots located southeast of 2950 Southland Drive, changing the previously approved site plan of two duplexes to six single family homes, an increase of two units. It was moved by Donat, and seconded by Serfling to receive and place on file the statement of verification at 4:12 p.m. Motion carried unanimously and Wilber declared the hearing open. Schroeder read the staff report recommending approval of the request with the condition that the final site plan meets all applicable city codes, regulations, etc. including,but not limited to, parking, landscaping, screening, drainage, etc. Donat asked if the questions of City Engineer Jaime Knutson had been answered since the Tech Meeting to which Knutson answered yes. Donat further asked about the concerns of the neighbors to which Schroeder responded that there was one call which was followed up with an email that was sent to commissioners earlier in the day. Mike Meaney, Fischels Commercial and Residential stated that the filling of the lots was largely completed last fall and the drainage system was doing what is was supposed to. Wendell Lupkes, VJ Engineering, explained about how Prescott Creek that empties into Black Hawk Creek has a 10 square mile area that drains into it and during major rain events water does back up into the drainage easements which are designed to hold the water until it can be drained into the creek. Lupkes noted that the long term solution is a new bridge over Prescott Creek at US Highway 63/Sergeant Road that will increase the amount of water that can drain into Black Hawk Creek. Christian Olson, 4414 Charm Drive, stated that he lives along the drainage easement that drains into Prescott Creek and is in support of the new homes. Jacob Whittmayer, 3705 Twin Pines Drive, stated that the lots used to be a bowl that would fill with water during major rain events but now that has been eliminated. Last fall when the major rain event occurred Whittmayer stated that his sump pump could not handle the water and he did get water in his basement and fears with the new homes the situation will only get worse. Wilber asked Lupkes if the detention basins still need to be created with the new building sites to which Lupkes responded yes. There was a discussion regarding drainage in the area and how it was designed and how it currently operates. It was moved by Holdiman, seconded by Serfling to close the public hearing. Motion carried unanimously. The hearing was closed at 4:53 p.m. It was moved by Holdiman, seconded by Donat to recommend approval of the site plan amendment request with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc. Motion carried unanimously. C. Appeals 1. Request by Sead Dizdarevic for an appeal of the City Engineer to allow for a second driveway on a lot less than 100' in width at 3660 Canterbury Court in the "C-1" Commercial District. Dornoff read the staff report. - 2 - Page 683 of 693 Planning and Zoning Commission January 12,2021 Knutson discussed his issues with this request and stated that he is concerned about other people putting in a second driveway without a permit then coming in and asking it to be legalized. Knutson further explained that the applicant can keep the driveway on their property and connect it with the new driveway that was created to reach the garage and remove the driveway and curb cut on city owned property. Donat asked for more clarification about what the applicant can do to his driveway to which Schroeder explained and demonstrated how the applicant can fix the issue. The applicant was not present to speak on the request. It was moved by Holdiman, seconded by Leistikow to recommend denial of the appeal of the City Engineer. Motion carried unanimously. D. Administrative Rules Amendment 1. Request by by City of Waterloo for an amendment to the City of Waterloo Planning, Programming and Zoning Commission Administrative Rules to move the monthly meeting to the 2"d Tuesday of the month. Schroeder explained why staff was recommending changing the date of the Planning and Zoning Commission meeting with the recent change to the city council meetings from 4 per month to 2 and with slightly longer lead times moving the PZ meeting will work better with the new deadlines. It was moved by Donat, seconded by Serfling to amend the Administrative Rules of the Planning, Programming, and Zoning Commission to move the regular monthly meetings from the Ist Tuesday of the month to the 2nd Tuesday of the month. Motion carried unanimously. D. Comprehensive Plan Update 1. Update by Iowa Northland Regional Council of Governments (INRCOG) on the progress for an update to the City of Waterloo Comprehensive Plan. Brian Schoon of INRCOG went over the Comprehensive Plan Update process and what the planning commission's involvement in the process will be. It was decided that the commission will hold special meetings on the I"Tuesday of the month starting in February for INRCOG to work with commission members on updating the plan. VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be on February 9, 2021 at 4:OOpm. VII. Adjournment It was moved by Holdiman, seconded by Serfling, to adjourn the meeting at 5:48 p.m. Motion carried unanimously. Respectfully submitted, 4�&� John Dornoff, Planner I - 3 - Page 684 of 693 CITY OF WATERLOO Council Communication Communication from the Building Maintenance Department on the notice of the conclusion of employment for Chris Petersen, Facilities Maintenance Plumber, effective January 15, 2021, with recommendation of approval of payout of$4,234.05 for unused benefits. City Council Meeting: 3/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Chris Petersen Payout Backup Material Communication from the Building Maintenance Department on the notice of SUBJECT: the conclusion of employment for Chris Petersen, Facilities Maintenance Plumber, effective January 15, 2021, with recommendation of approval of payout of 54,234.05 for unused benefits. Submitted by: Submitted By: Page 685 of 693 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 OD Today's Date: 2/9/2021 Effective Date: 1/15/2021 Employment Date: 10/15/2012 To: City Council Members Re: Notice of Severance Department Building Maintenance Job Title/Classification Facilities Maintenance Plumbing This is to report that the employment of Chris Petersen with the City of Waterloo has been severed by reason of: Retired E/ � Disability Related LJ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 5 $ 30.91 $ 154.55 Vacation-Current 120 $ 30.91 $ 3,709.20 Usable Sick Leave 16 $ 30.91 (x)25% $ 123.64 Frozen Sick Leave (x)60% $ - Personal Hours 7 $ 30.91 $ 216.37 Comp Time Pay 0.98 $ 30.91 $ 30.29 Unscheduled Leave $ - Other Pay $ Total Payment $ 4,234.05 Comments: r Approved by, -L�_ Date 2/9/2021 Human Resources Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6/28/11 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Page 686 of 693 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue on the notice of the conclusion of employment for Chris Ferguson, Fire Marshal, effective January 22, 2021, with recommendation of approval of payout of$7,558.75 for unused benefits. City Council Meeting: 3/1/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Fire Rescue on the notice of the SUBJECT: conclusion of employment for Chris Ferguson, Fire Marshal effective January 22. 2021, with recommendation of approval of payout of$7.558.75 for unused benefits. Submitted by: Submitted By: Page 687 of 693 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue on the notice of the conclusion of employment for Justin Mau, Firefighter, effective February 8, 2021, with recommendation of approval of payout of$134.19 for unused benefits. City Council Meeting: 3/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Justin Mau payout Backup Material Communication from the Waterloo Fire Rescue on the notice of the SUBJECT: conclusion of employment for Justin Mau, Firefighter. effective February 8, 2021, with recommendation of approval of payout of$134.19 for unused benefits. Submitted by: Submitted By: Page 688 of 693 i CITY OF WATERLOO , IOWA CITY HALL 795 MULBERRY STREET 50703 ' Today's Date: 21812021 Effective Date: 21812021 Employment Date: 11412021 To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Firefighter This is to report that the employment of Justin Mau with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related O No d Yes I] Resigned Ci Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accred 4.7 $ 18.90 $ 88.83 Vacation-Current g Usable Sick Leave 0 (x)75% Frozen Sick Leave 0 (x)60% $ - Personal Hours 2.4 $ 18.90 $ 46.36 Comp Thne Pay Unscheduled Leave $ _ Holiday TotalPayment1l $ 134.19 Comments.- Approved omments:Approved by r` Date —' Human Resources Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6126191 Council Agenda Date: ❑ Accruals 0 Status 111-9 Page 689 of 693 CITY OF WATERLOO Council Communication Communication from the Information Technology Services Department on the notice of the conclusion of employment for Michael Rooff, Programmer/Analyst, effective January 29, 2021, with recommendation of approval of payout of$12,211.96 for unused benefits. City Council Meeting: 3/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Mike Rooff payout Backup Material Communication from the Information Technology Services Department on SUBJECT: the notice of the conclusion of employment for Michael Rooff, Programmer/Analyst, effective January 29, 2021, with recommendation of approval of payout of$12,211.96 for unused benefits. Submitted by: Submitted By: Page 690 of 693 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 • Today's Date: 2115/2021 Effective Date: 1/29/2021 Employment Date: 9/15/1998 To: City Council Members Re: Notice of Severance Department MIS Job Title/Classification Programmer/Analyst This is to report that the employment of Michael Rooff with the City of Waterloo has been severed by reason of: Retired Disability Related El No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 16 $ 37.46 $599.36 Vacation-Current 248 $ 37.46 $9,290.08 Usable Sick Leave 56 $ 37.46 25% $524.44 Frozen Sick Leave Personal Hours 48 $ 37.46 $ 1,798.08 Comp Time Pay Unscheduled Leave Birthday $ 12,211.96 Comments: Approved by Chris You g6lut k Date 2/1512021 Human Retources &V Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6128111 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Page 691 of 693 CITY OF WATERLOO Council Communication Certified List for the position of Golf Course Maintenance II for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on January 29, 2021. City Council Meeting: 3/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Golf Course Maintenance I1 Certified list 2021 Cover Memo Certified List for the position of Golf Course Maintenance II for the City of SUBJECT: Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on January 29, 2021. Submitted by: Submitted By: Page 692 of 693 CHTY OF WATERLOO , HUMAN RESOURCES DEPARTMENT 715 Mulberry St. Waterloo, IA 50703 Phone(319)291-4303 Fax(319)291-4569 January 29,2021 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 Golf Course Maintenance II for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (January 29, 2021 —January 28,2022). CERTIFIED LIST Sully Bucheit Douglas Miller Wade Ingamells Samuel Scriver Chad Jones Respectfully submitted, Barry I skins Date _ G' Lovie Caldwell/ Da f Ethel Was 'ngto Date CS LIST GOLF MAINENANCE 11 21 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 693 of 693