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Council Packet - 6/7/2021
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, June 7, 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. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public is required to follow the rules listed in this article when speaking during any meeting of the city council B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Page 1 of 764 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.; Individuals may call the city clerk's office at 319-291-4323 or email clerks@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Patrick Morrissey, Ward 3 Council Member Agenda, as proposed or amended. Minutes of June 1, 2021, Planning Session, as proposed. Proclamation declaring June 2021 as Healthy Homes Month. Proclamation declaring June 19, 2021 as Juneteenth Celebration. Presentation by the Waterloo Community Foundation. 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: Page2of764 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Allen Terry Woods for tax exemptions on the construction of a new single family home valued at $372,000, for property located at 1807 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution approving the request of Elvis Kajtazovic for tax exemptions on the construction of a new single family home valued at $268,464, for property located at 3370 Lincolnshire Road, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving the request of Jeffrey Van Gundy for tax exemptions on the construction of a new single family home valued at $379,000 for property located at 1670 Blue Wing Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving the request of Timothy Dunlay, Trustee for tax exemptions on the construction of a new single family home valued at $152,815, for property located at 1225 Lyon Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving the request by LJ's Welding for tax exemptions on a commercial building with improvements valued at $221,384, for property located at 141 Center Street, and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving the request of Dakota Even for tax exemptions on the construction of a new single family home valued at $332,000, for property located at 1746 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving the request of Allan Jackson for tax exemptions on the construction of home improvements valued at $80,000, for property located at 310 Cottage Street, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving request by the Police Department to seek proposals for the FY 2022 Police uniform needs. Submitted By: Dave Mohlis, Police Captain 10. Resolution approving SFY 2022 Edward Byrne Memorial Justice Assistance Grant (19- JAG-395811), in the amount of $188,000, in conjunction with enforcement efforts of the Tri-County Drug Task Force, to include the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizing the Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain 11. Resolution approving specifications, bid documents, etc., setting date of bid opening as June 17, 2021 and date of public hearing as June 21, 2021, in conjunction with the purchase and installation of FY 2022 Police Vehicle Equipment, and instruct the City Clerk to publish notice. Submitted By: Dave Mohlis, Police Captain 12. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as July 1, 2021 and date of public hearing as July 6, 2021, in conjunction with the FY 2021 CIP Pipelining Phase IVA2 Project, Contact No. 1043, and instruct the City Page3of764 Clerk to publish notice. Submitted By: Brian Bowman Treatment Operations Supervisor 13. Resolution setting date of public hearing as June 21, 2021 for a ten-year lease agreement and the option for two (2) five-year renewals, with the University of Northern Iowa, to lease 800 Sycamore Street for the Center for Urban Education (UNICUE), and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as July 1, 2021 and date of public hearing as July 6, 2021, in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and instruct the City Clerk to publish notice. Submitted By: Randy Bennett, Public Works Manager 15. Resolution approving request of Nicole Karr for a waiver for a concrete driveway, located at 3838 Ranchero Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 16. Resolution approving request of Lori Burns for a waiver for a concrete driveway, located at 920 Midland Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 17. Resolution approving request of Nicholas Shepard for a waiver for a concrete driveway, located at 4864 William Drive, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 18. Resolution approving request of Lisa Gates for a waiver for a concrete driveway, located at 121 Pershing Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 19. Resolution approving award of bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $1,810,800, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 20. Resolution approving preliminary plans, specifications, bid documents etc., setting date of bid opening as July 1, 2021, and date of public hearing as July 19, 2021, in conjunction with the WFR SCBA Platform Replacement Project, and instruct the city clerk to publish notice. Submitted By: Pat Treloar, Fire Chief 21. Motion approving Final Quantity Summary for a net increase of $1,516.95, in conjunction with the FY 2021 Leisure Services Chemical Storage Building Apron Paving, Contract No. 1039, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 22. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by B & B Builders and Supply, of Waterloo, Iowa, in the amount of $91,759.67, in conjunction with the FY 2021 Leisure Services Chemical Storage Building Apron Paving Project, Contract No. 1039, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer Page 4 of 764 23. Resolution approving the use of not to exceed $1,336,269 plus up to $10,000 in closing costs in San Marnan Urban Renewal Area Tax Increment Financing funds for the acquisition of property for future development. Submitted By: Michelle Weidner, Chief Financial Officer 24. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $120,000, for property acquisition located generally in the Rath Urban Renewal District. Submitted By: Michelle Weidner, Chief Financial Officer 25. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $327,736.50, for the construction and provision of electric lines along Leversee Road in conjunction with the Waterloo Air and Rail Park in the MidP ort area. Submitted By: Michelle Weider, Chief Financial Officer 26. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $368,630, in conjunction with the Waterloo Regional Airport Water Main Improvements Phase 1 Project, in the MidPort area. Submitted By: Michelle Weider, Chief Financial Officer 27. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $1,416,000, for the Leversee Road Sanitary Sewer project in the MidPort area. Submitted By: Michelle Weider, Chief Financial Officer 28. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $700,000, for the Leversee Road Lift Station Project, in the MidPort area. Submitted By: Michelle Weider, Chief Financial Officer 29. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $645,000, for the WARP Drive Construction Project, in the MidPort area. Submitted By: Michelle Weider, Chief Financial Officer 30. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $230,000, for a grant to JSA Development, LLC for the redevelopment of the properties located at 704-706 Jefferson Street and 301-307 West Fifth Street. Submitted By: Michelle Weidner, Chief Financial Officer 31. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, for a contract with Advanced Environmental Testing and Abatement, Inc., in an amount not to exceed $127,000, for asbestos abatement services for a property located at 100 East Ninth Street. Submitted By: Michelle Weidner, Chief Financial Officer 32. Resolution approving the use of not to exceed $31,400 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for asbestos abatement services. Submitted By: Michelle Weidner, Chief Financial Officer 33. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $52,850 for property demolition services for various properties. Submitted By: Michelle Weidner, Chief Financial Officer 34. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Page5of764 Tax Increment Financing funds in an amount not to exceed $199,900 for property demolition services for a property located at 120 Center Street. Submitted By: Michelle Weidner, Chief Financial Officer 35. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $60,000 for demolition services for the property at 508 Bratnober Street. Submitted By: Michelle Weidner, Chief Financial Officer 36. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $5,000 for an economic development grant to Iowa Heartland Habitat for Humanity for property rehabilitation for a property located in the East Waterloo Unified (Logan) T IF district. Submitted By: Michelle Weidner, Chief Financial Officer 37. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $145,000 in conjunction with platting, street design, and overall layout for development in the North Crossing area. Submitted By: Michelle Weidner, Chief Financial Officer 38. Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, in conjunction with the 40th Anniversary Celebration event, to be held in the church parking lot located at 3622 Hammond Avenue, on June 13, 2021 from 9:30 a.m. - 1:30 p.m., including music and the use of a PA system. Submitted By: Corbin Payne, Police Lieutenant 39. Resolution approving Variance to Noise Ordinance request from Danielle Eastman, in conjunction with the Aya Dancing in the Park event, to be held at Valley View Park on 6/4, 7/2, 7/23, 8/13 and 9/3, 2021 from 6:00 p.m. - 7:00 p.m., including music and the use of a PA system. Submitted By: Corbin Payne, Police Lieutenant 40. Resolution approving Variance to Noise Ordinance request from LaTanya Graves, in conjunction with the 26th Annual Juneteenth Celebration event, to be held at Gates Park on June 19, 2021 from 12:00 Noon - 6:00 p.m., including the use of a PA system and drill team. Submitted By: Corbin Payne, Police Lieutenant 41. Resolution approving Completion of Project and Acceptance of Work for work performed by Pro Track and Tennis Inc. of Bennington, Nebraska in the amount of $77,250.00, in conjunction with FY2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038. Submitted By: Travis Nichols, Facilities/Project Manager B. Motion to approve the following: 1. TRAVEL REQUESTS a. Wendy Drinovsky Class/Meeting: Women in Command School Destination: Bloomington, MN Dates: June 8-9, 2021 Amount not to exceed: $469.00 b. Hernandez, Ihnen, G. Stewart, N. Anderson, Smith, K.Fuller Class/Meeting: Tactical Emergency Casualty Care Course (hosted by Hawkeye). Destination: Waterloo, IA Dates: June 18-19, 2021 Page6of764 Amount not to exceed: $2,100.00 c. Quentin Hart, Mayor Class/Meeting: Meeting with SkyWest Airlines Destination: St. George, UT Dates: August 15-17, 2021 Amount not to exceed: $1,025.00 d. Keith Kaspari, Airport Director Class/Meeting: Meeting with SkyWest officials Destination: St. George, UT Dates: August 15-17, 2021 Amount not to exceed: $1,005.98 2. LIQUOR LICENSES a. Black Hawk Tennis Club, 1005 Black Hawk Road Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 5/31/2022 b. Casey's General Store #2427, 3035 Logan Avenue Class: E Liquor / B Wine / B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 6/14/2022 c. Casey's General Store #2867, 2424 Ranchero Road Class: E Liquor / B Wine / C Beer / B Native Wine Renewal Application Includes Sunday Expiration Date: 6/14/2022 d. Courtyard By Marriott, 250 Westfield Avenue Class: B Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 11/19/2021 e. Golden China Restaurant, 106 Brookeridge Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 5/4/2022 f. GR Kitchen & Taps, 205 W. 4th Street Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 6/14/2022 g. Riverloop Expo Plaza, 400 Jefferson Street *6 Month* Class: Special Class C Liquor / B Native Wine w/Outdoor Service New Application Includes Sunday Expiration Date: 11/21/2021 h. SAC's Neighborhood Pub, 2000 Hawthorne Avenue Class: C Liquor w/Outdoor Service Page 7 of 764 Renewal Application Includes Sunday Expiration Date: 1/31/2022 i. Smitty's Bar, 709 Jefferson Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 5/26/2022 3. Motion approving Change Order No. 1 with Cahoy Pump Service, Inc., of Sumner, Iowa, for a net decrease of $4,196.23, in conjunction with the Final Clarifier No. 3 Dewatering Wells, Contact No. 1032, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman Treatment Operations Supervisor 4. Recommendation of appointment of Richard Frickson from the current Civil Service list, to the position of Facilities Maintenance Plumber, effective June 8, 2021. Submitted By: Greg Ahlhelm, Building Official 5. Recommendation of appointment of Cameron Agan, from the current Civil Service list, to the position of Storm Water Specialist in the Engineering Department, effective June 14, 2021, pending successful completion of pre -employment physical and drug screening. Submitted By: Jamie Knutson, PE, City Engineer 6. Motion approving Certificate of Substantial Completion, in conjunction with the Public Works Truck Wash Area Improvements, and authorizing the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Manager 7. Motion approving Change Order No. 1 with Modern Builders, Inc., of Janesville, Iowa, for a net increase of $29,788, in conjunction with the City Hall 2nd Floor Counter and Security Renovations and Construction Design Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 8. Motion approving Change Order No. 14 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $742, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 9. Motion approving Change Order No. 15 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $960, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 10. Motion approving Change Order No. 5 with Tricon Construction Group, for a net increase of $26,622.50, in conjunction with the FY 2020 Virden Creek Levee Improvements Project, Contract No. 947, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 11. Motion approving Change Order No. 2 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $8,227.20, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer Page8of764 12. Motion approving Change Order No. 2 from Boomerang Corporation of Anamosa, IA for a net increase of $186,231.77 in conjunction with the Dry Run Creek Interceptor Cont. No. 877 and authorizing the Mayor to execute said document. Submitted By: Brian Bowman Treatment Operations Supervisor 13. Motion to approve Application for Fireworks Display at the National Cattle Congress Grounds, in conjunction with the Reels & Wheels Drive -In Movie event to be held on June 18, 19 and July 2, 16 & 17, 2021, beginning at approximately 9:15 p.m. and lasting 5-10 minutes. Submitted By: Kelley Felchle, City Clerk 14. Motion to approve Application for Outdoor Cafe'/Beer Garden/Smoker's Garden at GR Kitchen& Taps, located at 205 W. 4th Street. 15. Bonds. PUBLIC HEARINGS 2. FY 2021 Sidewalk Repair Assessment Program - Zone 1. Motion to receive and file proof of publication notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 3. Request by St. Martin Land Co., on behalf of CPM Acquisition Corp., for a Site Plan Amendment to the "M-2,P" Planned Industrial District, for construction of a 140,000 square foot manufacturing/office/warehouse with future additions of 30,000 square feet, for a total of 170,000 square feet of office/warehouse, and a storage yard located across from 2322 Leversee Road. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by St. Martin Land Co., on behalf of CP M Acquisition Corp., for a Site Plan Amendment to the "M-2,P" Planned Industrial District for construction of a 140,000 square foot manufacturing/office/warehouse with future additions of 30,000 square feet, for a total of 170,000 square feet of office warehouse, and a storage yard located across from 2322 Leversee Road. 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 4. FY 2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. 1040. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING- No comments on file. Resolution approving plans, specifications, form of contract etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Black Hawk Roof Company of Cedar Falls, Iowa, in the Page9of764 amount of $116,400, approving contract, bonds, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facility/Project Manager 5. FY 2021 Westdale Bioswale Project, Contract No. 997. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. FY 2021 Westdale Bioswale Landscaping Project, Contract No. 1048. 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. No bids received. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. FY 2021 Upton Avenue and Carriage Hill Drive Stormwater Improvements Project, Contract No. 1010. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. FY 2021 Sidewalk and Trail Repair Program, Contract No. 1044. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Brock Even Construction, LLC of Jesup, Iowa, in the amount of $151,443.33, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Sidewalk and Trail Repair Program, Contract No. 1044, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 9. Sale and conveyance of city owned property formerly 322 and 326 Crescent Place to Willie Outlaw, in the amount of $1.00, with a Development Agreement for the construction of a new garage. 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 Willie Page 10 of 764 Outlaw in the amount of $1.00, for properties formerly known as 322 and 326 Crescent P lace, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 10. Resolution approving the Experience Waterloo board recommendation for funding in the Partner and Event Hotel/Motel Tax Grant funds for FY 2022. Submitted By: Tavis Hall, Executive Director of Waterloo Convention and Visitors Bureau 11. Resolution approving a Permanent Easement Agreement with GBG, LLC for two permanent easements of 443 square feet and 413 square feet for the placement of a public sidewalk, located at 1631 Logan Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $8,000, for professional design fees and related services, in conjunction with the Five Sullivan Brothers Convention Center Skywalk 2020 Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving the Termination of a Development Agreement and Minimum Assessment Agreement with Village Creek Rentals, LLC, approved by Council November 20, 2017 and filed March 13, 2018 as Doc. No. 208-14847 and later amended agreements dated April 13, 2020, and filed May 12, 2020 as Doc. No. 2020-19656, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving an amendment to the Development Agreement with Bob C. Moore, originally executed August 19, 2019, amending completion date to July 30, 2021, for the construction of a new single-family home, located at 401 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving Temporary Easement Agreements with Richard L. Foulk and Randall E. Foulk in the amount of $820.42, William J. Lawless and Dianne F. Lawless in the amount of $391.70, Ricky L. Kiefer in the amount of $739.19, and the University of Northwestern in the amount of $100, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218. Submitted By: Aric Schroeder, City Planner 16. Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate in conjunction with the $14,370,000 General Obligation Bonds, Series 2021A, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer 17. Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds and Approval of the Continuing Disclosure Certificate, in conjunction with the $8,610,000 General Obligation Bonds, Taxable Series 2021B, and authorizing the Mayor and City Clerk to execute Page 11 of 764 said documents. Submitted By: Michelle Weidner, Chief Financial Officer 18. Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $14,370,000 General Obligation Bonds, Series 2021A, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer 19. Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $8,610,000 Taxable General Obligation Bonds, Series 2021B, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer 20. Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $291,952, in conjunction with the FY 2022 Lake Street RISE Project, Contract No. 1051, with City matching funds of $291,952, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer 21. Resolution approving Right -of -Way License Agreement with Bluebird Network, LLC, of Columbia, Missouri, to allow use of city right-of-way for a communication system, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 22. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $88,000, in conjunction with the FY 2022 Center for the Arts Parking Improvements Project, Phase 2 (Art Block), Contract No. 1007, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 23. Resolution approving Memorandum of Agreement between the Federal Highway Administration, Iowa Historic Preservation Officer, City of Waterloo, Iowa Department of Transportation, and the Waterloo Historic Preservation Commission, regarding placement of the Park Avenue Bridge, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 24. Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on April 16, 2019, in an amount not to exceed $25,239, in conjunction with the FY 2021 Upton Avenue and Carriage Hill Drive Stormwater Improvements Project, Contract No. 1010, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 25. Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Pat Treloar, Fire Chief Page 12 of 764 26. Resolution approving support for submission of State Revolving Fund Intended Use Plan for the FY 2021 CIP Pipelining Phase IVA2 Plan, Contract No. 1043, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor ORDINANCES 27. An Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates. Motion to receive, file and consider for the first time an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Michelle Weidner, Chief Financial Officer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:50 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Certified List for the position of Sewer Maintenance Worker for the City of Waterloo, Iowa Public Works -Waste Management Services Department, as certified by the Civil Service Commission on April 30, 2021. 2. Certified List for the position of Member Services/Marketing Specialist for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on April 30, 2021 3. Certified List for the position of Facilities maintenance Plumber for the City of Waterloo, Iowa Building Inspections/Maintenance Department, as certified by the Civil Service Commission on April 30, 2021. 4. Board of Adjustment minutes of January 2021. 5. Board of Adjustment minutes of February 2021. 6. Leisure Services Commission Board minutes of April 13, 2021. 7. Community Development Board Meeting minutes April 2021. 8. Planning and Zoning minutes of the "special" meeting on April 6, 2021 and regular meeting on April 13, 2021. 9. Historic Preservation minutes of April 20, 2021. 10. Board of Adjustment minutes of March 2021. Page 13of764 Page 14 of 764 CITY OF WATERLOO Council Communication Minutes of June 1, 2021, Planning Session, as proposed. City Council Meeting: 6/7/2021 Prepared: ATTACHMENTS: Description Type ❑ Council Planning Session Minutes of 6/1/2021 Backup Material Submitted by: Submitted By: Page 15of764 June 1, 2021 The Council of the City of Waterloo, Iowa, met in a Planning Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Tuesday, June 1, 2021. Mayor Pro Tem Juon in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 160033 - Morrissey/Amos that the Agenda, as proposed, for the Planning Session on Tuesday, June 1, 2021, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 160034 - Morrissey/Amos that the Minutes, as proposed, for the Special Session on Wednesday, May 12, 2021, at 4:00 p.m., the Work Session on Monday, May 17, 2021 at 4:00 p.m., the Regular Session on Monday, May 17, 2021 at 5:30 p.m., and the Special Session on Wednesday, May 19, 2021, at 5:00 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 160035 - Morrissey/Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 2. 1. Resolution approving Finance Committee Invoice Summary Report, dated May 24, 2021, in the amount of $16,708,215.68 and June 1, 2021, in the amount of $1,285,765.05 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. 2021-348. b. Motion to approve the following: a. b. c. d. e. f. g• h. i. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Behar Bar, 312 W. 4th Street C Liquor w/Outdoor Service Renewal 4/30/2022 x Cedar Valley Arboretum & Botanic Gardens, 1927 E. Orange Rd. *6 Month* B Native Wine w/Outdoor Service New 11/1/2021 x CVS/Pharmacy #8546, 205 Franklin Street _ E Liquor / B Wine / C Beer Renewal _ 5/31/2022 x Half Pint Saloon, 1831 Independence Avenue C Liquor w/Outdoor Service Renewal 4/18/2022 x Isle Casino, 777 Isle of Capri Boulevard B Liquor / B Wine w/Outdoor Service Renewal 4/30/2022 x La Placita, 322 W. 4th Street C Liquor Renewal 4/15/2022 x Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 6/15/2021 Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 6/19/2021 Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 7/10/2021 Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 7/24/2021 _ Page 16of764 June 1, 2021 Page 2 k. 1. Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 8/14/2021 Sunnyside Country Club, 1600 Olympic Drive A Liquor w/Outdoor Service Renewal 4/13/2022 x Roll call vote -Ayes: Seven. Motion carried. 160036 - Amos/Grieder that "Resolution approving the Greater Downtown Area Operational Zone, as required for a shared mobility device license", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-349. ORDINANCES 160037 - Morrissey/Amos that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Chapter 2, Bicycles, of Title 6, Motor Vehicles and Traffic and enacting in lieu thereof a new Chapter 2, Bicycles or Motor Scooters, of Title 6, Motor Vehicles and Traffic", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 160038 - Morrissey/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. Jessica Rucker, Main Street Waterloo, commented that Bird E-Scooters would like to launch next week in conjunction with My Waterloo Days and the Community Visioning Event so suspending the rules would help keep the project on track. 160039 - Morrissey/Amos that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Chapter 2, Bicycles, of Title 6, Motor Vehicles and Traffic and enacting in lieu thereof a new Chapter 2, Bicycles or Motor Scooters, of Title 6, Motor Vehicles and Traffic", 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. 5600. 160040 - Feuss/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by creating a new Chapter 8, Shared Mobility Device License, Title 3, Business License and Regulation", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 160041 - Feuss/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 160042 - Feuss/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by creating a new Chapter 8, Shared Mobility Device License, Title 3, Business License and Regulation", 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. 5601. OTHER COUNCIL BUSINESS Page 17of764 June 1, 2021 Page 3 Discussion on housing rehabilitation, with presentations by Habitat for Humanity, Community Development, and the Mayor's Task Force on Housing and Landlord Policies. Ali Parrish, Iowa Heartland Habitat for Humanity, provided an overview of the services Habitat for Humanity provides to the community and reviewed the outcome of development agreements in the Irving Square Neighborhood and Walnut Neighborhood. She explained how the program works and that each family must contribute 300 hours of sweat equity as their down -payment. She stated that the mortgage payments for the Habitat houses do not exceed 29% of the family's gross income, and noted that there are over 6,700 families in Black Hawk County alone who spend more than 50 percent of their income on housing and 7,400 spending more than 30 percent. She commented that the program boasts a 96 percent success rate. Martin Petersen, City Attorney, provided an overview of activities of the Mayor's Housing Task Force, which is comprised of Wendy Bowman, Noel Anderson, Kelley Felchle, Angie Fordyce, and Rudy Jones serve on the task force. He explained that the focus of the committee is rental properties and that one focus is to try to obtain HUD funding for a short-term additional building inspector. Additionally, conversations continue to address the need for technology and communications, software compatibility and functionality and resources for property owners, landlords and renters. Mr. Morrissey commented that one of the problems he has seen while on council is that many of the landlords in Church Row Neighborhood are absentee landlords who are not maintaining the property. He stated that he cannot believe there is not something the city can do to prevent someone from buying more property when they don't maintain the property they have. Martin Petersen explained that there is not a statute that he is aware of that would prevent people from buying more property. Mrs. Klein commented that she loves the work that Habitat for Humanity is doing in the community and agrees that landlords who do not maintain their property should be fined and fines should be increased. Mr. Morrissey questioned if Mount Moriah could be included in the Walnut Neighborhood revitalization area. Ali Parrish commented that they will not consider Mount Moriah at this time because they want to first find success with rehabilitating Walnut Street Baptist Church. She further explained that UNI is partnering with them on the project and are paying for a consultant to help find a new use for the building. Mr. Morrissey commented there is a need for a housing program for the City of Waterloo that could help property owners that cannot afford to maintain their home and do not qualify for the type of programs that Habitat for Humanity offers. Ali Parrish explained that they have seen models in other communities that could potentially work here. One is that lenders create a pool to lend to more high risk individuals. Mrs. Juon questioned if the John Deere money is earmarked for owner -occupied. Ali Parrish explained that how the grant would be used. Mr. Amos commented that legal aid came in and did a presentation on eviction rates, which are higher in this community than most others are, and questioned if the committee was looking to address that issue. Martin Petersen commented that the committee has not yet had those specific conversations. Mr. Boesen questioned if they have discussed merging code enforcement with rental inspections to create a holistic approach to looking at property inspections and maintenance. Martin Petersen explained that the focus has been on the current available resources and the communication and coordination between code enforcement and the building inspections departments, and not on restructuring. Page 18of764 June 1, 2021 Page 4 Mr. Boesen questioned how the statistical information was formulated in the Power Point presentation. Ali Parrish commented that the information is census track data. Mr. Grieder commented that he agrees that bad landlords need to be held accountable. It is important to address the issue of unsafe housing in our city and develop a way that renters can know their rights and what they need to do to just stay safe in the homes. He said that we need to focus on this as soon as possible because of the long-term effects it has on the development of children, revenue for the city, crime rates and many other things. Mr. Morrissey questioned if there are federal grants we can apply for to help individuals who do not qualify from an income standpoint to receive funds to help maintain their home. ADJOURNMENT 160043 - Amos/Feuss that the Council adjourn at 6:34 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 19of764 1 CITY OF WATE$I.00, IOIlYA PROCLkMATION WHEREAS, home health and safety hazards, including physical safety hazards, lead -based paint, radon, mold, pests, and allergens, cause or contribute to a wide range of illnesses and diseases, including lead poisoning, asthma, cancer, and injuries; and WHE RE AS, lead poisoning affects thousands of City of Waterloo children under the age of six WHEREAS, (6) years; IIHEREAS, accidents in the home hurt hundreds of City of Waterloo people every year; and IIEREAS, many of City of Waterloo children die from chemicals stored and used improperly in the home; II1EREAS, dozens of City of Waterloo residents die from carbon monoxide poisoning every year; WHEREAS, many Waterloo families and households are unaware that their homes can have serious health hazards; and WHEREAS, education and awareness about dangers of unhealthy or unsafe housing can save lives. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the month of June 2021, as: HEALTHY HOMES morn' I in Waterloo, Iowa, to observe this month with appropriate programs and activities designed to enhance public awareness of home health and safety hazards and the ways we can protect our families from these hazards. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 7th day of June, 2021. ATTEST: elley Felch City Clerk Quentin Hart Mayor 2- age �u o 0 CITY OF WATERLOO Council Communication Proclamation declaring June 19, 2021 as Juneteenth Celebration. City Council Meeting: 6/7/2021 Prepared: Submitted by: Submitted By: Page 21 of 764 CITY OF WATERLOO Council Communication Resolution approving the request of Allen Terry Woods for tax exemptions on the construction of a new single family home valued at $372,000, for property located at 1807 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 6/7/2021 Prepared: 5/6/2021 ATTACHMENTS: Description ❑ CLURA 1807 Waxwing Way Form ❑ CLURA 1807 Waxwing Way Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Type Backup Material Backup Material Resolution approving the request of Allen Terry Woods for tax exemptions on the construction of a new single family home valued at $372,000, for property located at 1807 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Audubon Heights Sixth Addition Lot 69 Page 22 of 764 e For Office Use Only Date Received: Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ADDRESS: TELEPHONE: A/knTr peak 15627 Wn winq l j ,319E)3577- SIGNATURE• Va�vd_ EMAIL: yi �� 61 # � ' �NA DATE: t _ r' J A. What is the Address of the property being improved? (F67 VAC (4) yi 01a4critef, What is the Legal Description of the property? (May be available at County Recorder's Office on "a floor of the Courthouse) Lo B. What was the nature of the improvement(s)? trust be single family homes or duplex/twin homes to qualify) i,,,yyj 671 l��` 0/1,knki‘t�.� �w C. City of Waterloo Building and Inspections Department Information: Date permit was issued: La l Z+ 10Th Permit Number: (Al D. What was the cost of the new construction? 31z,bo6 E. Estimated or actual date of completion of this new construction? Total permits) valuation:23 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 23 of 764 CITY OF WATERLOO Council Communication Resolution approving the request of Elvis Kajtazovic for tax exemptions on the construction of a new single family home valued at $268,464, for property located at 3370 Lincolnshire Road, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 6/7/2021 Prepared: 5/6/2021 ATTACHMENTS: Description Type ❑ CLURA 3370 Lincolnshire Road Form Backup Material ❑ CLURA 3370 Lincolnshire Road Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of Elvis Kajtazovic for tax exemptions on the construction of a new single family home valued at $268,464, for property located at 3370 Lincolnshire Road, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Lincolnshire Addition Lot 4 Page 25 of 764 CITY LIMITS URBAN REVITALIZATION APPLICATId FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NE FAIvIlLY DWELLINGS UNDER THE PROVISIONS OF THE CITY L REVITALIZATION AREA PLAN ADOPTED BY THE CITY COIJNC WATERLOO. 0 MIT& EOE u V E APR 222021 s OR TWO (� URDA, �} LOF THE CITY OF The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 18 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, NAME: ;\.) l 5 �A1[+Z1J V lL. SIGNATURE: ADDRESS: 3 3 10 Lvn calr�,�� �►] TELEPHONE: 3 L<O\ DATE: 1--1-'Z2, A. What is the Address of the property being improved? 2 31 a LA 1rL L i✓1 S h t, J'L 1241 What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) 4-1- -f LAlewl�1Vtis 1✓C AAA 1-hG✓1 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Re Permit Number: " is 9 Date permit was issued: 01 ` 2-1Iv Total pemrit(s) valuation: .I1 1 , 000 D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? ! - �3 1 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black I-Iawk County Assessor's Office for criteria eligibility. Page 26 of 764 CITY OF WATERLOO Council Communication Resolution approving the request of Jeffrey Van Gundy for tax exemptions on the construction of a new single family home valued at $379,000 for property located at 1670 Blue Wing Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 6/7/2021 Prepared: 5/6/2021 ATTACHMENTS: Description ❑ CLURA 1670 Blue ❑ CLURA 1670 Blue SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Wing Drive Form Wing Drive Map Type Backup Material Backup Material Resolution approving the request of Jeffrey Van Gundy for tax exemptions on the construction of a new single family home valued at $379,000 for property located at 1670 Blue Wing Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Audubon Hills First Addition Lot 2 Page 28 of 764 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department) 2. This application must be filed with City prior to the working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404,4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: 1 r 6;7 0 Q`1 ve t 11')J �e I tiPi TELEPHONE: (3 iq> 4 Z 7-/ 1 56 f ['t f Van (9 V (1 C. v SIGNATURE: DATE: I 21 A. What is the Address of the property being improved? ! l.c p1 Q P f V ° �� I ri C i) f What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) • � U aL.,\81rAti � l S F 1'i. cA A4 ;/ 0 0 I b t B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) n�1e -Farm ; ]y hove C. City of Waterloo Building and Inspections Department Information: p Permit Number: �291 CU Date permit was issued: I / 13/? u D. What was the cost of the new construction? ' 7g1goo E. Estimated or actual date of completion of this new construction? Total permit(s) valuation: P'....01) )(Poo Sip = 1 cat Z & 2 c7 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 29 of 764 KESTREL CIR CITY OF WATERLOO Council Communication Resolution approving the request of Timothy Dunlay, Trustee for tax exemptions on the construction of a new single family home valued at $152,815, for property located at 1225 Lyon Avenue, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 6/7/2021 Prepared: 5/7/2021 ATTACHMENTS: Description Type D CLURA 1225 Lyon Avenue Form Backup Material u CURA 1225 Lyon Avenue Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of Timothy Dunlay, Trustee for tax exemptions on the construction of a new single family home valued at $152,815, for property located at 1225 Lyon Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Lot 5 (5), Block Four (4) Golden Garden's Addition to Waterloo, Black Hawk County, Iowa Page 31 of 764 Date Received: c1 Received by: staff to make a copy CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURa) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application trust be filed with City prior to the I°' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However. a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: m o71'l y tl lz ay / T!"ctstee. SIGNATURE: 1 'c�t44r1 y j 44/( ADDRESS: ;; 333 ce,rticvat"es Dir(t/ei i 1eds, EMAIL: Ca d i s 1.c- }c'1r' cQ 04 S Y7 , C TELEPHONE: / S~ 5S ZO —If 70 DATE: Apr; ( li( 2- pz [ �' X"uwct SO014- p A. What is the Address of the property being improved? 1 Z Z 7 Lr 0 In What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Lb± F e. a B n 4 S - uJ0t. rlop/ do c K Hdul K Gnu )4 i-).. f Lowe( B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) K E. 1- OV k, s c k use r tdi A a rdge.. C. City of Waterloo Building and Inspections Department Information: 'z-O Zo -000 1 / 4- z Permit Number: n ate permit was issued: 1Iz- Z/1OZOTotal permit(s) valuation: I4- ?1000. D. What was the cost of the new construction? / 5-2-1 W .5 . 8[ E. Estimated or actual date of completion of this new construction? A r' l $ Zd a t Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 32 of 764 CITY OF WATERLOO Council Communication Resolution approving the request by LJ's Welding for tax exemptions on a commercial building with improvements valued at $221,384, for property located at 141 Center Street, and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 6/7/2021 Prepared: 5/7/2021 ATTACHMENTS: Description Type ❑ CURA 141 Center Street Form Backup Material ❑ CURA 141 Center Street Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request by LJ's Welding for tax exemptions on a commercial building with improvements valued at $221,384, for property located at 141 Center Street, and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). Lot No. Twenty (20) Block No. Twelve (12), in Litchfield Addition to Waterloo, Iowa; Lot Ten (10) and Lot eleven (11) Kentzelman's Addition to Waterloo, IA; Lot (2) and Lot Three (3) Auditor Rainbow's Logan Avenue & Belt Line Plat except that part deeded to the City Waterloo as described in Book 619, pages 95 and 97; Page 34 of 764 Legal Descriptions: Lot Six (6) and Lot Seven (7) except the North (4) of Auditor Leland's Plat No One (1) Waterloo except that part deeded to the City of Waterloo as described on Book 619, Pages 95 & 97; and Beginning at the Southwest corner of Lot 11, Kentzelman's Addition to the City of Waterloo, Iowa, thence N 03 degrees 48' 55" West 280.68 feet along the Westerly line of said Lot 11, and Westerly line of Lot 2, Auditor Rainbow's Logan Avenue and Beltline Plat; thence N 89 degrees 49' 23" W 23.32 feet; thence Southwesterly 41.01 feet along a 25.00 foot radius curve, concave Southeasterly, said curve have a chord of 36.57 feet and bearing S 43 degrees 10' 51" W, thence S 03 degrees 48' 55" E 253.88 feet along the Easterly line of Utica Street to the intersection of said Easterly line of Utica with the North line of Edwards Street; thence S 89 degrees 49' 23" E 50.12 feet along the North line of Edwards Street to the point of beginning, a/k/a Parcel J. Page 35 of 764 CONSOLIDATED URBAN REVITALIZATION AREA c 7.1 L 3 c_ c' y v w --c,F'd a Tim O 3 ▪ 8, > v E = j• u n ', b Q 0 OU v �$ x n W IL.,> C v rV p U sa OU N v N '' -d v Il IX z y 4) u id v u T C,, w4 4, m Y..° c.9 = 0 °` a r o .i E° 5 9 .9 M a F 7-, P. C ? CCU .�-, CO O \-U . A-0, U x o « n, . E v 03 � ▪ A N ▪ C " x `f+ a. 'ro pV1 v 7 OLA ff-, ' O es y U 0 0 �' N �' A.,gyp" -, O 0. -7 Q- 0. L ..,5 C "5 o. 7-3 4• ,5 fl. y E . o ° ° Te .a 3 U v U O a, ° v p 's ° +T Z n o� a3.. v� oV ° O a H.N b a 4 $ O 0. -4 0 ' n N c °° N . W X VI ti v a >' H N N A b t y d' LLB ▪ y Q' W ^- 4+ n. 'vm w 5 6 v w .� , -Z ro y , U a. n o a y c.'na H a n 6 C• a�w'JQ an0"Uy-v' .a • .: pv 17:O°^ • o • b °Q _-1 UQge o ay EL. Qv y.A ca Q. O Q ,E., p ¢U5 F �i r What is the Legal Dea'criptio Indicate desired exemption schedule: (1 or 2) 0.1 s T i Ci p DO NOT Write Below this line — Office Use Only E. City of Waterloo Building Total permits) val Permit Number: F. What was the cost of the improvement? G. Estimated or actual date of completion of these improvem zz CITY OF WATERLOO OFFICE USE ONLY RESOLUTION NO: APPROVED A W z A BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY Page 36 of 764 EXHT2T cu 0 0.0 RS a1 Cl CL MI jV CU c CrZ to CD 0 — 4 0 0COv m L- 073 co r_ -0 Q v -o 0 7 < L CU U 0 tie -0 Q0 co t--I ra -0 °' E •_rti 0 2 a) ry z 1 C -SC0 m 4-' 0 0 m v I Q a 0 -c MC c ro (a Viz, a) 4-J 0 4-' °' o 4-'"0 Z its F F: W c ra 0 _I _I 0 rn O z 4-+ ro CI_ v) ru L. 0 4- 0 0 4- 0 a 4� 4-' CL a) U x a) v a) V) 0 c ra LD x v) 4-' 0 c O a) 0 V) ro 0 0 4--r co 0 CJ QJ 0 -10 as -0 v CI) 4✓ CO Q ra 4-, 0.. a) 0 au 4J Book 619, Pages 95 & 97; and 4- 0 c co 4- G [6 O a] 'a) a) U a3 a- u Liz C N 1.„ N=,._, co o_tr ..c,cN .4J 2vsct- cii al LI Q) oj O v) C� -a a3 C roto 0)� 0a,le E a a c' 4-3 -0 In dO e eCO 0 v c Q 4..- MI Q) C C r4 sI " < (`ry 49 5 CCU .0 � Lttn4-' >Ln �;30 cp � Qa ')ill uat1-4-Nal o.Nb ° vlul c41 cu Ua f''] d1 ai cn 0 Lti til .0 o �+ L o V)coo L as 4J to 4_1 c ,S Lu Z .c , ., '�' c: 0n to 4- o• .c v a o n o o nu a 0 r� 5)1 CO -i it ka! CO in Survey 2013 005383 File Number' 9998-00010897 Seq Page 37 of 764 CITY OF WATERLOO Council Communication Resolution approving the request of Dakota Even for tax exemptions on the construction of a new single family home valued at $332,000, for property located at 1746 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 6/7/2021 Prepared: 5/7/2021 ATTACHMENTS: Description Type u CLURA 1746 Waxwing Way Form Backup Material ❑ CLURA 1746 Waxwing Way Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of Dakota Even for tax exemptions on the construction of a new single family home valued at $332,000, for property located at 1746 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Audubon Heights Sixth Addition Lot 61 Page 39 of 764 54. .0.2! CITY LIMITS URBAN REVITALLZATI N APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria; I. Be Located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the I5t working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. PIease fill out the following information for your application to be submitted to the City Council. NAME: Dt-oh goeo SIGNATURE: ADDRESS: ifi! 782 60001}..4 `�{,C _o%UI TELEPHONE: 3I 13 — ��J DATE: O%7 /anal A. What is the Address of the property being improved? I" L1 L' VV04.01,1.11n5 W What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) Lo (of l 'vd uhcr► k 4 cj uu3 (gl h t -(14 .- B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) S r net., t (ram Sfiry e, f 1 wt. C. City of Waterloo Building and Inspections Department Information: Permit Number: 2,0 — i Sd Date permit was issued: 5 /2A / Z.-D Total permit(s) valuation: im ib Lit 4.3 D. Wliat was the cost of the new construction? E. Estimated or actual date of completion of this new construction? • 3 0 �I 1 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACIC HAWK COUNTYASSESSOR Note: APPROVED DATED: Tarni McFarland DENIED Black Hawk County Assessor City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 40 of 764 CITY OF WATERLOO Council Communication Resolution approving the request of Allan Jackson for tax exemptions on the construction of home improvements valued at $80,000, for property located at 310 Cottage Street, and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 6/7/2021 Prepared: 5/17/2021 ATTACHMENTS: Description ❑ CURA 310 Cottage Street Form ❑ CURA 310 Cottage Street Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Type Backup Material Backup Material Resolution approving the request of Allan Jackson for tax exemptions on the construction of home improvements valued at $80,000, for property located at 310 Cottage Street, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area (CURA). None N/A Strategy 3.8: Continue efforts to foster new investments and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area (CURA). West 20 feet of Lot 4, and the East 20 feet of Lot 5, all in Block 3, Hammond and Hopkins Addition, Black Hawk County, Iowa. Page 42 of 764 For Office UseOnly Date Received: Lill kicl Received by: Staff to make a cqiTh? applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTIC FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION A' EA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: 4 MIA J1gC 52 ADDRESS: ID 4 coLI (e ,S 1G'ie G TELEPHONE: ..3/ y' , A. What is the Address of the property being improved? 3l0 Ca� e (/1J�Cr1 �dd -1-111 What is the Legal escription of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? H9n-, old Ai c NO KZJ S ad, 7i.:e•v 41/ 2 o Zaf ) .9 SIGNATURE: EMAIL: / /1%/�A/ /i/ C�1G� P1 ' DATE: 4/6-16e �1 , Zz0 -Fit Gs 5- aIk2 B. Indicate desired exemption schedule: (1 or 2) I . One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year70% c. Third Year60% d. Fourth Year-----50% g. Seventh Year------30% e. Fifth Year —40% h. Eighth Year------30% f. Sixth Year---------40% i. Ninth Year------20% j. Tenth Year 20% C. Whatiwas the nature of the improvement(s)? eirl &/\ df e f D. City of Waterloo Building and Inspections Department Information: 3 Permit Number: Zo Za ' D Date permit was issued: �' % 0 ' 2d Za Total permit(s) valuation: ` E. What was the cost of the improvement? O F. Estimated or actual date of completion of these improvements? Zdz G. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. sy7v3 Page 43 of 764 ADAMS ST CITY OF WATERLOO Council Communication Resolution approving request by the Police Department to seek proposals for the FY 2022 Police uniform needs. City Council Meeting: 6/7/2021 Prepared: 5/10/2021 SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving request by the Police Department to seek proposals for the FY 2022 Police uniform needs. Submitted By: Dave Mohlis, Police Captain Authorize the Police Departiwient to seek bids for the purchase Police uniforms and set the date of bid opening of June 18th, 2021. This Police Departiwient supplies uniforms for department employees. This requires an annual bid to be completed for those uniforms. Expenditure Required: Yes Source of Funds: General Funds Policy Issue: None Alternative: None Page 45 of 764 CITY OF WATERLOO Council Communication Resolution approving SFY 2022 Edward Byrne Memorial Justice Assistance Grant (19-JAG-395811), in the amount of $188,000, in conjunction with enforcement efforts of the Tri-County Drug Task Force, to include the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizing the Mayor to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/20/2021 ATTACHMENTS: Description ❑ Waterloo FY2022 Byrne Grant.pdf SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Type Backup Material Resolution approving SFY 2022 Edward Byrne Memorial Justice Assistance Grant (19-JAG-395811), in the amount of $188,000, in conjunction with enforcement efforts of the Tri-County Drug Task Force, to include the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizing the Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain Request that the City Council pass a resolution authorizing Mayor Hart to receive the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $188,000.00, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriff and the Black Hawk County Attorney. This grant will in part be used to pay salary's for Task Force members. The grant will be utilized from July 1st, 2021 to June 31st, 2022. Your approval of this grant will enable the Tri-County Drug Task Force to further investigate mid and high level narcotics crimes creating a safer community. None N/A N/A N/A N/A N/A Page 46 of 764 IOWA BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg., 5th Floor 215 E. 7th Street, Des Moines, Iowa 50319 (515) 725-0300 JAG CFDA #16.738 Grantee: Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Grant #19-JAG-395811 Grant Period: July 1, 2021 - June 30, 2022 Federal: $188,000 Match: $62,667 Total: $250,667 ODCP Contact: Dennis Wiggins 515/725-0311 Legal Applicant: Quentin Hart, Mayor Program Director: Joel Fitzgerald This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation, the grant program request for proposal, and the stipulations, if any, noted under "Special Conditions." Except for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting forms, and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract, and agree to abide by the terms set forth within. SPECIAL CONDITIONS Law enforcement personnel funded in whole or in part with these grant funds will complete Department of Justice required online (internet-based) task force training. All task force members are required to complete this training once during the life of this award, or once every four years. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). Officers should use the preauthorization code QX6S4 when completing the course. Project activity funded through this award will comply with all state and federal laws and guidelines. Projects are referred to PATC with questions regarding the appropriate expenditures of state forfeitures. In witness wherefore, the parties hereto have executed this grant SIGNATURES/DATES the day and year specified below. Director/Date ODCP Administrator/Date Legal Applicant/Date Program Page 47 of 764 CITY OF WATERLOO Council Communication Resolution approving specifications, bid documents, etc., setting date of bid opening as June 17, 2021 and date of public hearing as June 21, 2021, in conjunction with the purchase and installation of FY 2022 Police Vehicle Equipment, and instruct the City Clerk to publish notice. City Council Meeting: 6/7/2021 Prepared: 5/14/2021 ATTACHMENTS: Description Type ❑ Cover letter patrol car equip with bid specs.docx Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving specifications, bid documents, etc., setting date of bid opening as June 17, 2021 and date of public hearing as June 21, 2021, in conjunction with the purchase and installation of FY 2022 Police Vehicle Equipment, and instruct the City Clerk to publish notice. Submitted By: Dave Mohlis, Police Captain Authorize the Police Department to seek bids, setting the date of bid opening as June 17th, 2021 and the date of Public Hearing of June 21st, 2021 for the purchase and installation for of FYE22 Police Vehicle equipment, and instruct the City Clerk to publish said notice. The purchase of equipment and installation for Police squad cars are bid out on an annual basis. Source of Funds: CIP Bonds Page 48 of 764 CITY OF WATERLOO, IOWA WATERLOO POLICE DEPARTMENT 715 Mulberry Street. • Waterloo, IA 50703 • (319) 291-4340 • Fax (319) 291-4332 Tuesday, May 18, 2021 The Waterloo Police Department is presently seeking competitive, sealed bids for the purchase and installation of equipment for our 2021 Ford police patrol utility vehicles. Please find the attached bid proposal specification and design sheets for details concerning the aforementioned products. If your business is interested in bidding on this project, please complete the enclosed bid proposal. All sealed bids must be received by noon on Thursday, June 17, 2020. Bid packets should be clearly marked on the outside of the envelope with the business name and Squad Car Installation Bid. Bids will be opened at 1:00 P.M. on Thursday, June 17th, 2021 in the Waterloo City Council Chambers. Please mail sealed bids to: Waterloo City Clerk's Office, 715 Mulberry Street, Waterloo, IA 50703. Standard procedures dictate the City of Waterloo will accept the lowest responsible bid. The bidder understands the City reserves the right to reject any bid that is considered not to meet specifications. The bidder guarantees all products will be delivered free from security interest or lien. The City will award the contract to the responsible bidder whose bid meets or exceeds minimum specifications. The successful bidder understands the City of Waterloo shall cancel this agreement within thirty days notice, if the City has knowledge that all conditions as stated in this bid proposal have not been fulfilled. If you have any questions regarding this bid procedure feel free to contact me using the information listed below. Thank you, Captain Dave Mohlis Administration Division Waterloo Police Department 715 Mulberry Street Waterloo, IA 50703 319-291-4400 mohlisd@waterloopolice.com WE'RE WORKING FOR YOU! Ar Equal Opportunity/Affirmative Action Employer Page 49 of 764 FYE 22 Bid Proposal Police Patrol Equipment Removal of existing equipment in fully marked units. 0 0 a) a) C U_ 0 a LL d N 0 c a) E 0 a) Harris Radio with antenna c co U U a) a) eL c f�_ e _ 0 a) 0) o N 0 (o Q 'FA - N a) "0 Q N 0 0 � � F E z O L • _C • a) ..c c..)co 0 co o .� (t as • O. p a •L Y e • p p C Q L t +0. m �Y Q f6 0) O V p 1� C. Q as co'Lf - n° aXi a) •v co ▪ co r, c°n c m Q o N. N • W W N O t o (pR N X4.cc) Q c • 5 (B >, W W ▪ W ▪ W d) cn _c (I)"" v c a) CI) U". E J L E E r Q E w > (-0 LLI CD �6cr) co L a) O .� § Q N a) O N .y N N o 0 o o c u_ 0. • '8 m L U a a3) 0.. O m m ©� E 3 3 a) E n� o c� cn • To co V c� . ,' C 5 o 0 li0=�201'0 F—I--I—co• <<0u cKo_0T.M_(� fi m — 0-C N Q (i QWO'7n 2021/2022 Page 50 of 764 J 00 N '7 W 4) 0 0 0 a) 0_ 4) a) a) 0 E O SAE J1128-TXL 4) 0) (a 2 4) O E O (0 aa)) O c ((00 a) iG ." (1) 00 O N In (0 c•. iY c co Unit Price Federal Signal Equipment Description EB2SP3JT VALR44-1559940974 TK2411TU20 TK2411TU20 PF200S17 VTX609R or VTX609B 0 r 0 O r LL.1 PK0439ITU20TM PK0439ITU20TM 0 N O -6 0 as a) CO -- N Z ci)0 0 CO a a L 4) Q UO aa)) U E ,0 0 (0 r T L16 0)() I a) J 22 N . 0_ 0 L E c O 0 D m .4c 3 O _J � Q E a3 X L Q U `c73 Q in u) W .fl N (a a) c O L U --- O c!) .CT) ❑ er o U c 4r --I 0_ To u) > .c co Q Cr) c w u) ' U c!)Li. � Uu) GK10301S1UHKSSCAXL GK10301S1UHKSSCAXL QK05661TU20 WK05141TU20H 2 0 0 N N D 1- I- 00 0 d' 0 co T 0 O co in O O co - M (O 0 6 to co dNU r r 1-SA-LED E O 4) 7 . •5 .13 0 3 2 .° 0 (0 o -0 0 a) L - o (0 0)) a) O0 � 0 ❑ U - X m N O w co ❑ E0 0 0 1— 0 2 Jotto Desk Armrest 0 T 0 0 rn 0 r M VD-U S B-EXT-TM OBDcabre25-2 OBDcab1e25-2 N 0) 0. CO 0, 12 (a tts v7 O w 0 at 0. a) 0 -2 O L0 b a) E m ❑ as xi 0_O MPS600M-RR MPS600M-BB MPSC-B/MPSC-R MPSC-B/MPSC-R r T T T y r T r T T T r (y (V r r T T r r N Page 51 of 764 Low Profile Front Deck lighting Hourly rate of pay for technical services. All deviations from listed equipment must be comparable equipment specifications List all deviations from the published specifications as part of this bid: All bid prices will be honored until June 30, 2022. This bid proposal accurately reflects the total bid. Bid Submitted By: Page 52 of 764 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as July 1, 2021 and date of public hearing as July 6, 2021, in conjunction with the FY 2021 CIP Pipelining Phase IVA2 Project, Contact No. 1043, and instruct the City Clerk to publish notice. City Council Meeting: 6/7/2021 Prepared: 5/18/2021 ATTACHMENTS: Description ❑ Plans and Specs ❑ Memo to Waterloo Mayor and City Council ❑ Engineers Probable Cost of Construction SUBJECT: Submitted by: Recommended Action: Type Backup Material Backup Material Backup Material Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as July 1, 2021 and date of public hearing as July 6, 2021, in conjunction with the FY 2021 CIP Pipelining Phase IVA2 Project, Contact No. 1043, and instruct the City Clerk to publish notice. Submitted By: Brian Bowman Treatment Operations Supervisor Approve the specifications, etc. ,and taking of bids, and set the date of bid opening and hearing. Page 53 of 764 FY 2021 CIP Pipelining Phase IVA2 City of Waterloo, Iowa City Contract No. 1043 AECOM #60620183 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 April 2021 AECOM Page 54 of 764 Page 55 of 764 FY 2021 CIP PIPELINING PHASE IVA2 CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1043 Prepared For: City of Waterloo, Iowa Prepared By: AECOM April 2021 APPROVAL TO CONSTRUCT NO 2021-0385S DATED May 10, 2021 STATE OF fOWA NATURAL RESOURCES ENVIRONMENTAL SERVICES DIVISIONaII signed gi ysigne by Larry Bry BY Larry Bryant Date:ant2021.05.1014:33:44 OESS104, ' Q 2 :'CHRIST0PHER G.'. 0 E.w : OELKERS z v i 22053 • m F. I0WA Il1II 0000 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 under the laws of the state of Iowa. April 21, 2021 CHRISTOPHER G. OELKERS, P.E. Date License No. 22053 My license renewal date is December 31, 2021. Pages or sheets covered by this seal: All Pages Page 56 of 764 Page 57 of 764 FY 2021 CIP PIPELINING PHASE IVA2 CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1043 CONTRACT DOCUMENTS TABLE OF CONTENTS Page 1. NOTICE TO BIDDERS NTB-1 - 4 2. NOTICE OF PUBLIC HEARING NPH-1 - 2 3. INSTRUCTIONS TO BIDDERS IB-1 - 10 4. SRF Documentation 1-34 5. FORM OF BID OR PROPOSAL BF-1 - 5 6. SALES TAX EXEMPTION INFORMATION FORM STE-1 7. BID BOND BB-1 8. NON -COLLUSION AFFIDAVITS NCA-1 - 2 9. EQUAL OPPORTUNITY CLAUSE EOC-1 - 2 9. TITLE VI CIVIL RIGHTS TVI-1 10. BIDDER STATUS FORM BSF-1 - 2 11. AFFIRMATIVE ACTION PROGRAM 1 - 8 12. ITEMS OF POTENTIAL WORK FOR MBE/WBE PARTICIPATION M-1 SUBCONTRACTOR'S BID REQUEST FORM, M-2 LETTER FORM FOR SUBCONTRACTOR QUOTES M-3 MBE/WBE LETTER OF INTENT M-4 MBE AND/OR/WBE PREBID CONTACT INFORMATION FORM 5 - 6 13. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESS ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTORS GUIDE 1-4 14. STATEMENT OF BIDDER'S QUALIFICATIONS SOQ-1 - 2 15. GENERAL SPECIAL PROVISIONS GSP-1 - 4 16. SPECIAL PROVISIONS SP-1 - 3 The Standard Specifications are amended by the City of Waterloo Supplemental Specifications to the 2020 edition of SUDAS. The Standard Specifications are also supplemented by the following Technical Specifications which are included in this document to cover the areas not addressed by SUDAS. TABLE OF CONTENTS CONTRACT NO. 1043 TOC-i 60620183 FY 2021 CIP Pipelining Ph IVA2 Page 58 of 764 DIVISION 1 - GENERAL REQUIREMENTS Section 01 11 18 Summary of Work Section 01 22 13 Measurements and Payments DIVISION 33 - UTILITIES Section 33 01 31 Cured -in -Place Pipe Sewer Lining 17. GENERAL SPECIFICATIONS FOR CONSTRUCTION 18. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION SGS-1 19. FORM OF CONTRACT C-1 - 4 20. PERFORMANCE BOND PFB-1 - 2 21. PAYMENT BOND PB-1 - 2 APPENDIX 1. Change Order Form 2. Davis -Bacon Wage Rates (to Be Requested) 01 11 18-1 to 01 11 18-2 01 22 13-1 to 01 22 13-3 33 01 31-1 to 33 01 31-8 GSC-1 - 13 TABLE OF CONTENTS CONTRACT NO. 1043 60620183 TOC-ii FY 2021 CIP Pipelining Ph IVA2 Page 59 of 764 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2021 CIP PIPELINING PHASE IVA2 In the City of Waterloo, Iowa CITY CONTRACT NO. 1043 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 day of , 20 , until 1:00 p.m for the construction of the FY 2021 CIP PIPELINING PHASE IVA2, CITY CONTRACT NO. 1043, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the day of , 20 , 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. SCOPE OF WORK Work of this Contract entails construction of Cured -In -Place (CIP) sanitary sewer lining located in the City of Waterloo, identified as Sewer Service Area 19 (SA #19), as shown on the Drawings. The project includes cleaning, root removal, televising, CIP pipelining and lateral grouting of the following quantities: 8-Inch Diameter — 23,400 LF 10-Inch Diameter — 2,400 LF 12-Inch Diameter — 4,900 LF 18-Inch Diameter— 1,400 LF 24-Inch Diameter - 360 LF Lateral Grouting — 387 EA 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 shall be fully completed by October 24, 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 (31) 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 the AECOM, which plans and specifications and also the prior proceedings of the City Council NOTICE TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page NTB-1 OF 4 FY 2021 CIP Pipelinipgag VA of 764 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.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project # 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 $250.00 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 14th 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 Planholders List which, in turn, may cause the Bidder to not receive addendums 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 Bid Submission. Upon award of project, the prime contractor, his subcontractors and suppliers 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 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. 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 NOTICE TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page NTB-2 OF 4 FY 2021 CIP Pipelinipgageoi of 764 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. 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 NOTICE TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page NTB-3 OF 4 FY 2021 CIP Pipelinipgag VA of 764 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. 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. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page NTB-4 OF 4 FY 2021 CIP Pipelinipgage of 764 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2021 CIP PIPELINING PHASE IVA2 In the City of Waterloo, Iowa CONTRACT NO. 1043 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 day of , 20_, until 1:00 p.m for the construction of the FY 2021 CIP PIPELINING PHASE IVA2, CITY CONTRACT NO. 1043, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the day of , 20 , at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the day of , 20 , said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site 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://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ NOTICE OF HEARING CONTRACT NO. 1043 AECOM 60620183 Page NPH-1 OF 2 FY 2021 CIP Pipelini�ageb4 of 764 SCOPE OF WORK Work of this Contract entails construction of Cured -In -Place (CIP) sanitary sewer lining located in the City of Waterloo, identified as Sewer Service Area 19 (SA #19), as shown on the Drawings. The project includes cleaning, root removal, televising, CIP pipelining and lateral grouting of the following quantities: 8-Inch Diameter — 23,400 LF 10-Inch Diameter — 2,400 LF 12-Inch Diameter — 4,900 LF 18-Inch Diameter— 1,400 LF 24-Inch Diameter - 360 LF Lateral Grouting — 387 EA Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City of Waterloo, Iowa, on the day of , 20 . CITY OF WATERLOO, IOWA BY: Kelly Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 1043 AECOM 60620183 Page NPH-2 OF 2 FY 2021 CIP Pipelinipgagebo of 764 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, INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-1 OF 10 FY 2021 CIP Pipelinipgagebb of 764 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. 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 her 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. INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-2 OF 10 FY 2021 CIP Pipelinipgagevbi of 764 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 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 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 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. INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-3 OF 10 FY 2021 CIP Pipelinipgagevbid of 764 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. 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). INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-4 OF 10 FY 2021 CIP PipelinipgPh ag / of 764 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. 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 INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-5 OF 10 FY 2021 CIP Pipelinipgage / U of 764 • 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. 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. ll. 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). INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-6 OF 10 FY 2021 CIP Pipelinipgage / I of 764 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. 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. Ill. 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. INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-7 OF 10 FY 2021 CIP Pipelinipgage r L of 764 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. 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 INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-8 OF 10 FY 2021 CIP Pipelinipgage /.S of 764 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 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. INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-9 OF 10 FY 2021 CIP Pipelini�age 24 of 764 15. BIDDER STATUS 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. ** * END OF SECTION * * * INSTRUCTIONS TO BIDDERS CONTRACT NO. 1043 AECOM 60620183 Page IB-10 OF 10 FY 2021 CIP Pipelinipgage to of 764 SRF Required Front -End Specifications PLEASE NOTE: Attachment 10 is a new program requirement and is effective for all SRF projects bid after January 2021. Attachment 1: Attachment 2: Certification of Non -Segregated Facilities Form (to be completed and signed by Prime Contractor and submitted with the bid) SRF STATE REVOLVING FUND Statement in Advertisement for Bids on Debarment and Suspension/Certification Regarding Debarment and Suspension Form (to be completed and signed by Prime Contractor and submitted with the bid) Attachment 3: Disadvantaged Business Enterprise Certification Form (to be completed and signed by Prime Contractor and submitted with the bid) Attachment 4: Attachment 5: Attachment 6: Attachment 7: DBE Program Subcontractor Performance Form (to be completed and signed by Prime and DBE Subcontractor for each subcontract and submitted with the bid) DBE Program Subcontractor Utilization Form (to be completed and signed by Prime Contractor and submitted with the bid) DBE Program Subcontractor Participation Form (for voluntary use of DBEs) Other Federal Requirements Language A. Standard Equal Employment Opportunity Specifications B. Federal Labor Standards Provisions (including Davis -Bacon prevailing wage rates**) C. Preservation of Open Competition and Government Neutrality D. Historical and Archeological Finds E. Prohibitions on Procurement from Violating Facilities Attachment 8: Right of Entry and Records Retention Attachment 9: Use of American Iron and Steel Attachment 10: Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (to be completed and signed by Prime Contractor and submitted with the bid) **The Davis Bacon wage determination received from the Iowa Finance Authority must also be included in the front-end specifications. January 2021 1 INVESTING IN IOWA'S WATER www, iowasrf, cogs Page 76 of 764 Attachment 1 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid) U.S. Environmental Protection Agency Certification of Non -Segregated Facilities (Applicable to contracts, subcontracts, and agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national original, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON -SEGREGATED FACILITIES A Certification of Non -segregated Facilities, as required by the May 9, 1967, order (33 F.R. 7808, May 28, 1968) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Signature Date Name and Title of Signer (Please Type) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. EPA-7 5720-4.2 2 January 2021 Page 77 of 764 Attachment 2 SRF Required Front -End Specifications (This form must be completed and signed by the Prime Contractor and submitted with the bid) Debarments and Suspensions Any bidder or equipment supplier whose firm or affiliate is listed in on the U.S. General Services Administration Excluded Parties List will be prohibited from the bidding process. The excluded parties records search engine is located at the System for Award Management (SAM) website: https://www.sam.qov/SAM/. Pursuant to 2 CFR Part 180, as supplemented by 2 CFR 1532, any entity submitting a bid while the SAM website lists that entity as having an active exclusion will be determined by the DNR to be a non -responsive bidder and will not be able to receive SRF funding. United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 U SC Sec. 10 01, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date ❑ I am unable to certify to the above statements. My explanation is attached. 3 January 2021 Page 78 of 764 Attachment 3 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid) Disadvantaged Business Enterprise (DBE) Solicitation It is EPA's policy that recipients of EPA financial assistance through the State Revolving Fund programs award a "fair share" of subagreements to small, minority and women -owned businesses, collectively know as Disadvantaged Business Enterprises (DBEs). Iowa's Fair Share goals are: Minority -Owned Business Enterprise (MBE) Goal Women -Owned Business Enterprise (WBE) Goal Construction 1.7% 2.2% Supplies 0.6% 5.6% Services 2.5% 11.3% Goods/Equipment 2.5% 10.4% Average 1.8% 7.4% Only work performed by certified DBEs can be counted toward the goals. In Iowa, DBEs must be certified through the Iowa Department of Transportation (IDOT). Information on certification requirements and a list of certified DBEs is on the IDOT website at https://secure.iowadot.gov/DBE/Home/Index/. Prime contractors' DBE requirements for SRF projects include: • Taking affirmative steps for DBE participation • Documenting the efforts and the proposed utilization of certified DBEs PROJECT INFORMATION SRF Applicant: Bidder: Address: Contact Person: Signature: Phone Number: E-Mail Address: Check if Prime Contractor is: Minority -Owned Women -Owned 4 January 2021 Page 79 of 764 GOOD FAITH EFFORTS CHECKLIST Please complete the checklist to determine if you have complied with the requirement to make good faith efforts to ensure that certified DBEs have the opportunity to compete for procurements funded by EPA financial assistance funds. Bidders/offerors must make good faith efforts prior to submission of bids/proposals. 1. Did you ensure that DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities? ❑ Yes ❑ No 2. Did you make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process? This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. ❑ Yes ❑ No 3. Did you consider in the contracting process whether firms competing for large contracts could subcontract with DBEs? This will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. ❑ Yes ❑ No 4. Did you encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually? ❑ Yes ❑ No 5. Did you use the services of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce to identify potential subcontractors? ❑ Yes ❑ No 6. List the potential DBE subcontractors that were contacted. Only list those that are certified through the Iowa Department of Transportation. Name How Contacted (e.g. letter, phone call, fax, e-mail) Response (e.g. did not respond, not interested, not competitive) PROPOSED UTILIZATION OF DBE SUBCONTRACTORS Please include Attachments 4 and 5 to document the proposed utilization of certified DBE subcontractors. 5 January 2021 Page 80 of 764 CONTRACT ADMINISTRATION PROVISIONS Several contract provisions are required to prevent unfair practices that adversely affect DBEs. These include: 1. Prime Contractor must pay its Subcontractor for satisfactory performance no more than 30 days from the Prime Contractor's receipt of payment from the SRF loan recipient. 2. Prime Contractor must notify the SRF loan recipient in writing prior to termination of a DBE subcontractor for convenience. 3. Prime Contractor must employ the six Good Faith Efforts to solicit a replacement subcontractor if a DBE subcontractor fails to complete work under a subcontract for any reason. 6 January 2021 Page 81 of 764 Attachment 4 SRF Required Front -End Specifications (This form must be completed and signed by Prime and DBE Subcontractor for each subcontract and submitted with the bid) Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form This form is intended to capture the DBE1 subcontractor's2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractor's bid or proposal package. Subcontractor Name Project Name Bid/Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Prime Contractor Name Issuing/Funding Entity Contract Item Number Description of Work Submitted to the Prime Contractor Involving Construction, Services, Equipment or Supplies Price of Work Submitted to the Prime Contractor DBE Certified by DOT SBA Meets/exceeds EPA certification standards? YES NO Unknown Other: 1A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certification as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. IASRF6100-3 DBE Subcontractor Performance Form — Page 1 7 January 2021 Page 82 of 764 Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Date Subcontractor Signature Print Name Title Date IASRF6100-3 DBE Subcontractor Performance Form — Page 2 8 January 2021 Page 83 of 764 Attachment 5 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid if utilizing DBE subcontractors) Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form This form is intended to capture the prime contractor's actual and/or intended use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Prime Contractor Name Project Name Bid/Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Issuing/Funding Entity I have identified potential DBE certified subcontractors If yes, please complete the table below. If no, please explain: YES NO Subcontractor Name/Company Name Company Address/Phone/Email Estimated Dollar Amount Currently DBE Certified? Continue on back if needed 'A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certification as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. IASRF6100-4 DBE Subcontractor Utilization Form — Page 1 9 January 2021 Page 84 of 764 Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Date IASRF6100-4 DBE Subcontractor Utilization Form — Page 2 10 January 2021 Page 85 of 764 Attachment 6 SRF Required Front -End Specifications (This form is for the voluntary use of DBE Subcontractors) Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form An EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its DBE subcontractors. The use of this form by DBE subcontractors is voluntary and is not required for bidding. This form gives a DBE1 subcontractor2 the opportunity to describe work received and/or report any concerns regarding the EPA - funded project (e.g. in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the EPA DBE Coordinator at any time during the project period of performance. Subcontractor Name Project Name Bid/Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Prime Contractor Name Issuing/Funding Entity Contract Item Number Description of Work Received from the Prime Contractor Involving Construction, Services, Equipment or Supplies Amount Received by Prime Contractor 1A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certification as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. IASRF6100-2 DBE Subcontractor Participation Form — Page 1 11 January 2021 Page 86 of 764 Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form Please use the space below to report any concerns regarding the above EPA -funded project: Subcontractor Signature Print Name Title Date Return to: Regional Coordinator, Small Business Utilization, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd., Lenexa, KS 66219 IASRF6100-2 DBE Subcontractor Participation Form — Page 2 12 January 2021 Page 87 of 764 Attachment 7 SRF Required Front -End Specifications Other Federal Requirements Language A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origin in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Sub -continent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 6-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employee in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a 13 January 2021 Page 88 of 764 Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work in being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor employees are assigned to work. The Contractor, where possible will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's effort, to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The 14 January 2021 Page 89 of 764 Contractor shall provide notice of these programs to the source complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and test to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 15 January 2021 Page 90 of 764 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetable or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps at least as extensive as those standards prescribed in paragraph 7 of these specifications so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 16 January 2021 Page 91 of 764 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Federal Register, Vol. 43, No. 68 - Friday, April 7, 1978 (Corrected May 5, 1978). Effective Date: May 8, 1978 Federal Register, Vol. 45, No. 194. Paragraph 4, revised October 3, 1980 Effective Date: September 30, 1980 APPENDICES A and B-80 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Offerors or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: (See Appendix B-80 and Appendix A Below) These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non - federally involved construction. The Contractor's compliance with the Executive Order and in the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer Identification number of the subcontractor, estimated dollar amount of the subcontract, and the geographical area in which the subcontract is to be performed. 17 January 2021 Page 92 of 764 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (State of Iowa). APPENDIX A The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the contractor's aggregate on -site construction workforce whether or not part of that workforce is performing work on a Federal or federally assisted construction contract or subcontract. Area covered: Goals for Women apply nationwide. Timetable Goals (percent) From Apr. 1, 1978 until March 31, 1979 3.1 From Apr. 1, 1979 until March 31, 1980 5.0 From Apr. 1, 1980 until March 31, 1981 6.9 Published, Federal Register May 5, 1978 APPENDIX B-80 Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work in a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA of EA goal contained in this appendix B-80. 18 January 2021 Page 93 of 764 Economic Areas State: Iowa Goal 096 Dubuque IA: SMSA Counties: 2200 Dubuque, IA 0.6 IA Dubuque Non-SMSA Counties 0.5 IA Allamakee, IA Clayton, IA Delaware, IA, Jackson IA, Winneshiek 099 Davenport Rock Island Moline, IA -IL: SMSA Counties: 1960 Davenport Rock Island Moline, IA -IL IL Henry, IL Rock Island Moline, IA Scott 4.6 Non-SMA Counties 3.4 IL Carroll, IL Hancock, IL Henderson, IL ,Mercer, IL Whiteside, IA Clinton, IA Des Moines, IA Henry, IA Lee, IA Louisa, IA, Muscatine, MO Clark 100 Cedar Rapids, IA: SMSA Counties: 1360 Cedar Rapids, IA 1.7 IA Linn Non-SMSA Counties 1.5 IA Benton, IA Cedar, IA Iowa, IA Johnson, IA, Jones, IA, Washington 101 Waterloo, IA: SMSA Counties: 8920 Waterloo -Cedar Falls, IA 4.7 IA Black Hawk Non-SMSA Counties 2.0 IA Bremer, IA Buchanan, IA Butler, IA Cerro Gordo, IA Chickasaw, IA Fayette, IA Floyd, IA Franklin, IA Grundy, IA Hancock, IA Hardin, IA Howard, IA Mitchell, IA Winnebago, IA Worth 102 Fort Dodge, IA: Non-SMSA Counties 0.4 IA Buena Vista, IA Calhoun, IA Carroll, IA Clay, IA Dickinson, IA Emmet, IA Greene, IA Hamilton, IA Humboldt, IA Kossuth, IA Palo Alto, IA Pocahontas, IA Sac, IA Webster, IA Wright 103 Sioux City, IA: SMSA Counties: 7720 Sioux City, IA -NE 1.9 IA Woodbury, NE Dakota 19 January 2021 Page 94 of 764 Non-SMSA Counties 1.2 IA Cherokee, IA Crawford, IA Ida, IA Monona, IA O'Brien, IA Plymouth, IA Sioux, NE Antelope, NE Cedar, NE Cuming, NE Dixon, NE Knox, NE Madison, NE Pierce, NE Stanton, NE Thurston, NE Wayne, SD Bon Homme, SD Clay, SD Union, SD Yankton 104 Des Moines, IA: SMSA Counties: 2120 Des Moines, IA 4.5 IA Polk, IA Warren Non SMSA Counties: 2.4 IA Adair, IA Appanoose, IA Boone, IA Clarke, IA Dallas, IA Davis, IA Decatur, IA Guthrie, IA Jasper, IA Jefferson, IA Keokuk, IA Lucas, IA Madison, IA Mahaska, IA Marion, IA Marshall, IA Monroe, IA Poweshiek, IA Ringgold, IA Story, IA Tama, IA Union, IA Van Buren, IA Wapello, IA Wayne 143 Omaha, NE: SMSA Counties: 5920 Omaha, NE -IA IA Pottawattamie, NE Douglas, NE Sarpy 7.6 Non-SMSA Counties 5.3 IA Adams, IA Audubon, IA Cass, IA Fremont, IA Harrison, IA Mills, IA Montgomery, IA Page, IA Shelby, IA Taylor, NE Burt, NE Cass, NE Colfax, NE Dodge, NE Platte, NE Saunders, NE Washington Published, Federal Register October 3, 1980 B. Federal Labor Standards Provisions (including Davis -Bacon prevailing wage rates) Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, 20 January 2021 Page95of764 except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that, the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 21 January 2021 Page 96 of 764 (2) Withholding. The EPA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the EPA may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/programs/dbra/forms.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its 22 January 2021 Page 97 of 764 own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees--(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's 23 January 2021 Page 98 of 764 hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 24 January 2021 Page 99 of 764 (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (and any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The loan recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the 25 January 2021 Page 100 of 764 subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the EPA and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. C. Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects (Executive Order 13202, as amended by Executive Order 13208) Executive Order 13202, signed February 17, 2001 and amended April 4, 2001, requires all executive agencies that issue grants to ensure Government neutrality toward contractors' labor relations. This applies to recipients of SRF assistance. The Executive Order prohibits discrimination against contractors and their employees in construction contracts based upon labor affiliation or lack thereof. SRF assistance recipients and any construction managers acting on their behalf must ensure that bidding specifications, project agreements, and other controlling documents do not require, prohibit, or otherwise discriminate, with respect to labor affiliation or lack thereof. D. Historical and Archeological Finds If, during the course of construction, evidence of deposits of historical or archeological interest is found, the contractor shall cease operations affecting the find. The owner shall then notify the State Revolving Fund Environmental Review Specialist, who shall in turn notify the State Historic Preservation Office. The SRF shall consult with the SHPO and other interested parties to determine the proper course of action regarding the discovery. No further disturbance of the deposits shall ensue until the SRF Environmental Review Specialist determines that the project activities in that area may proceed. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the specifications. Authority for this derives from the National Historic Preservation Act (16 U.S.C. §§ 470 et seq.) and 36 CFR Part 800. If human remains are discovered then state law also applies IC 263B. 26 January 2021 Page 101 of 764 E. Prohibitions on Procurement from Violating Facilities (Section 306, Clean Air Act; Section 508, Clean Water Act; Executive Order 11738) Both the Clean Water Act and the Clean Air Act prohibit federal agencies from extending assistance by way of loans or contracts to persons who have been convicted of violations of either law. Executive Order 11738 was issued to coordinate enforcement by the U.S. Environmental Protection Agency, which shall designate facilities which have given rise to a conviction for an offense under the criminal provisions of the Clean Air Act and the Clean Water Act. The Executive Order also prohibits agencies from extending assistance to facilities that are not in compliance with either Act. SRF assistance recipients may not procure goods, services, or materials from suppliers listed by the EPA as violators. The Excluded Parties Listing search engine is located at the System for Award Management (SAM) website: https://www.sam.gov/SAM/. Attachment 8 SRF Required Front -End Specifications Right of Entry and Records Retention The recipient shall provide access at all times for the Department of Natural Resources, the Iowa Finance Authority, the state auditor, and the U.S. EPA Office of the Inspector General to all project records and documents for inspection and audit purposes for a period of three years after the date of last loan payment. The same access to the project site(s) shall be provided for inspection purposes. 567 Iowa Administrative Code paragraph 92.8(2).e. State inspections. Personnel of the department shall have the right to examine all construction aspects of the project, including materials and equipment delivered and stored on site for use on the project. 27 January 2021 Page 102 of 764 Attachment 9 SRF Required Front -End Specifications "American Iron and Steel" Requirements H.R. 3547, the "Consolidated Appropriations Act, 2014," enacted January 17, 2014 by the U.S. Congress, includes "American Iron and Steel" provisions that require Clean Water and Drinking Water State Revolving Fund assistance recipients of these funds to use iron and steel produced in the United States. H.R. 3547 includes the following language in Division G, Title IV, under the heading, "Use of American Iron and Steel": Sec. 436. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron and steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") find that— (1) Applying subsection (a) would be inconsistent with the public interest; (2) Iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quantity; or (3) Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. The final guidance and any published waivers are found at: https://www.epa.gov/cwsrf/state- revolving-fund-american-iron-and-steel-ais-requirement. In particular the contractor should pay attention to the guidance for documentation of compliance. There is also a waiver for incidental items; in order to qualify for this waiver the total materials and costs for the project must be tracked and incidental items identified. 28 January 2021 Page 103 of 764 Sample "American Iron and Steel" Contract Language In order to fulfill the requirements, the assistance recipient must in good faith design the project and solicit bids for construction with U.S.-made iron and steel. The following information will be included in any contracts resulting from this request for bids: The Contractor acknowledges to and for the benefit of the City of ("Purchaser") and the State of Iowa (the "State") that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund and such law contains provisions commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. Sample Certifications As indicated in the contract language, it will be the responsibility of the Contractor to obtain certifications that the products and materials used in the project are U.S.-made. EPA recommends the use of a step certification process for documenting compliance with AIS requirements, similar to one used by the Federal Highway Administration. Step certification creates a paper trail which documents the location of the manufacturing process involved with the production of steel and iron materials. Each handler (supplier, fabricator, manufacturer, processor, coater, etc.) of the iron and steel products certifies that their step in the process was domestically performed. The following information is provided as a sample letter of step certification for AIS compliance. Documentation must be provided on company letterhead. In this example, there may be multiple letters from different manufacturers if one manufacturer did not perform all of the steps. 29 January 2021 Page 104 of 764 Date Company Name Company Address City, State Zip Subject: American Iron and Steel Step Certification for Project (X00XCXXXXXX) I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative Alternatively, the final manufacturer that delivers the iron or steel product to the worksite, vendor, or contractor, may provide a certification asserting that all manufacturing processes occurred in the U.S. and providing detailed information on the steps involved. The following is a template for this type of final certification. 30 January 2021 Page 105 of 764 SRF Template American Iron and Steel Certification Letter r On Manufacturer's Letterhead IRON & IRON & STEEL,_ INC. STEEL 1959 Steel Drive INC. Irony ille, OH 12345 MATERIAL CERTIFICAT ION April 30, 2015 RE Job Name: Waterprojectville: Iowa — 2015 State Revolving Fund Water Infrastructure Project SRF Project Number: CS192099901 - References the SRF Project I certify that the processes. for manufacturing or fabricating the following products and`or materials provided for the subject project took place at the following U.S. locations_ Quantity Description 13nnu.fsrturing Processes Location Where Processes Orrurred 3 count AB1234.56 I" Gate Valve lteltin2, poured machined Tsonville. OE d4 count XY654321 Reinforced Concrete +fanhole Melted rolled fatm ated Steel Citv. IA 64 count XZ1134-55 Nlianhole Cover Melted, castfinished Stainless_ MS 12O43 linear feet AB65M321 4.: Ductile Iron Water Pipe Melted rolled finished pipet CA I further cm —EN that products anderr materials are in fall compliance with the American Iron and steel requirements as mandated in the U.S. Environmental Protection Agen _ s State Revolving Fund programs_ If any of the above compliance s . ements change while providing material to this project we Nsrill immediate) notify the supplier_ prime contractor, consulting engineer, or project owner_ Specifies the Manufacturing Processes and the U.S. Locations Specifies the Products and On behalf of IRON & STEEL, INC.,Where They Were Performed Quantities Signature of Jane Smith Manufacturer's Representative Z-oFelact Quality Wager 31 January 2021 Page 106 of 764 Covered and Non -Covered Items The EPA issued a waiver for De Minimis incidental components of eligible water and wastewater infrastructure projects. Funds used for such De Minimis incidental components cumulatively may comprise no more than a total of 5% of the total cost of the materials used in and incorporated into a project. The cost of an individual incidental item may not exceed 1 % of the total cost of the materials used in and incorporated into a project. De Minimis incidental items include miscellaneous, generally low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project. For many of these incidental components, the country of manufacture and the availability of alternatives are not readily or reasonably identifiable prior to procurement in the normal course of business. For others, the country of manufacture may be known but the miscellaneous character in conjunction with the low cost, individually and (in total) as typically procured in bulk, mark them as properly incidental. Examples of incidental components could include small washers, screws, fasteners (i.e., nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc. Examples of items that are clearly not incidental include significant process fittings (i.e., tees, elbows, flanges, and brackets), distribution system fittings and valves, force main valves, pipes, treatment and storage tanks, large structural supports, etc. In consultation with their contractors, assistance recipients should determine the items to be covered by this waiver and must retain relevant documentation (i.e. invoices) as to those items. Assistance recipients must summarize in reports to the State of Iowa the types and/or categories of items to which this waiver is applied, the total cost of incidental components for each type or category, and the calculations by which they determined the total cost of materials used in and incorporated into the project. The successful bidder will fill out the materials spreadsheet (shown below) and submit it to the assistance recipient to indicate iron and steel items proposed to be procured for the project. American Iron and Steer Materials Spreadsheet - to be Submitted by Successful Bidder Iowa Department of Natural Resources - January 2021 Based on EPA Memorandum (4/15/2014): De Minimis Waiver of Section 436 of P.L. 113-76, Consolidated Appropriation Acts (CAA), 2014 Project: Bidder: Date: `Covered Product Categories include: Lined or unlined pipes or fittings; manhole covers; municipal castings; pipe clamps and restraints; valves; structural steel; hydrants, tanks; flanges; reinforced precast concrete; construction materials. "'Incidental items are miscellaneous, generally low-cost items, often procured in bulk, such as washers, screws, fasteners, small amounts of wire, etc. Covered Products Category* Description of Covered Products Documentation Will be Obtained Item is Incidents! and will be claimed under De Minimis Waiver'" Bid Amount Covered Products Bid Amount Incidentals 1 Choose an item. M CI Q 2 Choose an item. i_ • IJ 3 Choose an item. = f I u L 4 Choate an item- lIE U Q - 11 ri 32 January 2021 Page 107 of 764 At the end of construction, the contractor will submit a final list showing covered items being claimed as incidental components under the De Minimis Waiver. Assistance recipients will complete a De Minimis Waiver Incidental Components List for the entire project to demonstrate compliance with the De Minimis Waiver cost requirements outlined above. American Iron and Steel - De Minimus Waiver Incidental Components List Iowa Department of Natural Resources —January 2021 Based on EPA Memorandum (4/15/2014): De Minimus Waiver of Section 436 of P.L. 113-76, Consolidated Appropriation Acts (CAA}, 2014 This form is to be used by the State Revolving Fund (SRF) applicant to identify all non -domestic iron and steel incidental components permanently incorporated into an SRF project that meet the requirements of the public interest De Minimis Waiver. This form can also be used by individual contractors to submit their final incidental components list to the SRF applicant. SRF Applicant: SRF Project#: Submitted By: Date: Individual Contractor De Minimis List ❑ Final De Minimis List for SRF Project Total Materials Cost: Total amount claimed as De Minimis Incidental Components: Percent: (mustbe595 or less of total materials cost) Contractor Name Covered Products Description of Covered Products (list each item type separately) Date Purchased Individual Item/Unit Cost Quantity Claimed as Incidental Dollar Amount Incidental Components Example J8 Construction Construction materials Steel Doors 1-21-2020 $500 5 $2500 1 E Choose an item. - 2 Cro M These documents are available on-line at http://www.iowasrf.com/about srf/use-of-american- iron-and-steel/. 33 January 2021 Page 108 of 764 Attachment 10 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT This term and condition implements 2 CFR 200.216 and is effective for obligations and expenditures of EPA financial assistance funding on or after 8/13/2020. EPA recipients and subrecipients, including borrowers under EPA funded revolving loan fund programs, are prohibited from obligating or expending loan or grant funds to: (a) Procure or obtain, extend or renew a contract to procure or obtain; (b) Enter into a contract (or extend or renew a contract) to procure; or (c) Obtain the equipment, services, or systems that use "covered telecommunications equipment or services" identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list, website: https://www.sam.qov/SAM/. (1) As described in Public Law 115-232, section 889, covered telecommunications equipment or services includes: (i) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (ii) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (iii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iv) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (2) Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, and cloud servers are allowable except for the following circumstances: (i) Obligating or expending EPA funds for covered telecommunications and video surveillance services or equipment or services to procure (enter into, renew or extend contracts) or obtain the equipment, services, or systems as described in 2 CFR 200.216. I understand the above prohibitions and certify that the project will be in compliance with all the requirements. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date 34 January 2021 Page 109 of 764 FORM OF BID OR PROPOSAL FY 2021 CIP PIPELINING PHASE IVA2 CONTRACT NO. 1043 CITY OF WATERLOO, IOWA 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 FY 2021 CIP PIPELINING PHASE IVA2, CITY CONTRACT NO. 1043, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: FY 2021 CIP PIPELINING PHASE IVA2 CITY OF WATERLOO, IOWA CITY CONTRACT NO. 10143 Item Description Unit Estimated Quantiles Unit Price Total Amount BASE BID $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ FORM OF BID AECOM 60620183 CONTRACT NO. 1043 Page BF-1 OF 5 FY 2021 CIP Pipelini�ageA1210 of 764 Item Description Unit Estimated Quantiles Unit Price Total Amount $ $ $ $ $ $ $ $ $ $ $ $ TOTAL BASE BID $ Item Description Unit Estimated Quantity Unit Price Total Price BID ALTERNATE NO. 1 - $ $ $ $ $ $ $ $ $ $ $ $ BID ALTERNATE NO. 1 TOTAL $ Item Description Unit Estimated Quantity Unit Price Total Price BID ALTERNATE NO. 2 - $ $ $ $ $ $ $ $ $ $ $ $ BID ALTERNATE NO. 2 TOTAL $ FORM OF BID CONTRACT NO. 1043 AECOM 60620183 Page BF-2 OF 5 FY 2021 CIP Pipelinipgage11211 of 764 Item Description Unit Estimated Quantiles Unit Price Total Amount BID ALTERNATE NO. 3 - $ $ $ $ $ $ $ $ $ $ $ $ BID ALTERNATE NO. 3 TOTAL $ Item Description Unit Estimated Quantity Unit Price Total Price BID ALTERNATE NO. 4 - $ $ $ $ $ $ $ $ $ $ $ $ BID ALTERNATE NO. 4 TOTAL $ Item Description Unit Estimated Quantity Unit Price Total Price BID ALTERNATE NO. 5 - $ $ $ $ $ $ $ $ $ $ $ $ BID ALTERNATE NO. 5 TOTAL $ 2. 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. The Contract shall be awarded based on the TOTAL BASE BID. 3. 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 FORM OF BID CONTRACT NO. 1043 AECOM 60620183 Page BF-3 OF 5 FY 2021 CIP PipelinipgageA1212 of 764 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. 4. Security in the sum of Dollars ($ in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is the Bidder Status Form indicating Resident Bidder Certification ( ), or Non -Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. 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. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. 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. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. FORM OF BID CONTRACT NO. 1043 AECOM 60620183 Page BF-4 OF 5 FY 2021 CIP Pipelini�ageA1213 of 764 13. 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 CONTRACT NO. 1043 AECOM 60620183 Page BF-5 OF 5 FY 2021 CIP Pipelini�age91214 of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 115 of 764 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME FEDERAL ID#: SUBCONTRACTOR PROJECT NAME: FY 2021 CIP PIPELINING PHASE IVA2 PROJECT CONTRACT NO.: 1043 DESCRIPTION OF WORK: ❑ Brickwork ❑ Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond ❑ Landscaping ❑ Painting ❑ Paving ❑ Plumbing ❑ Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition ❑ Other (Please specify) SALES TAX EXEMPTION AECOM 60620183 CONTRACT NO. 1043 Page STE-1 OF 1 FY 2021 CIP Pipelining Ph IVA2 Page 116of764 THIS PAGE LEFT BLANK INTENTIONALLY Page 117 of 764 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, 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 , 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 pres- ents 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 CONTRACT NO. 1043 AECOM 60620183 Page BB-1 OF 1 FY 2021 CIP Pipelini�age �218 of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 119 of 764 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) Subscribed and sworn to before me this Title day of , 20 . Title My commission expires NON -COLLUSION AFFIDAVITS CONTRACT NO.1043 AECOM 60620183 Page NCA-1 OF 2 FY 2021 CIP Pipelinipgage 1-20 of 764 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 (City 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) Subscribed and sworn to before me this Title day of , 20. Title My commission expires NON -COLLUSION AFFIDAVITS CONTRACT NO.1043 AECOM 60620183 Page NCA-2 OF 2 FY 2021 CIP Pipelinigage'?'21 of 764 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, EQUAL OPPORTUNITY CLAUSE CONTRACT NO. 1054 AECOM 60620183 Page EOC-1 OF 2 FY 2021 CIP Pipelini gage �222 of 764 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. 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 CONTRACT NO. 1054 AECOM 60620183 Page EOC-2 OF 2 FY 2021 CIP Pipelini�age , 223 of 764 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 RIGHTS CONTRACT NO. 1043 AECOM 60620183 Page TVI-1 of 1 FY 2021 CIP Pipelini�ag / 224 of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 125 of 764 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes No ❑ 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). My company has an office to transact business in Iowa My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. 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 bidde . 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? ❑ Yes ❑ 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 126 of 764 BSF-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. El Yes El No ❑ Yes El No ❑ Yes ❑ No ❑ Yes ❑ No El Yes El No ❑ Yes ❑ No El Yes El No ❑ Yes ❑ No ❑ Yes ❑ No El Yes El No ❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. 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. 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 file articles of dissolution. 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 file 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. My business is a limited liability partnership which has filed a statement of qualification in thi state and the statement has not been canceled. My business is a limited liability partnership which has filed a statement of qualification in state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement o cancellation has not been filed 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 terminatio 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 th limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination My business is a limited liability company whose certificate of organization is filed in a state othe than Iowa, has received a certificate of authority to transact business in Iowa and the certificat has not been revoked or canceled. 309-6001 (09-15) BSF-2 Page 127 of 764 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor 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 / Start Finish 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 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 -1 - Page 128 of 764 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. 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; -2 - Page 129 of 764 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. 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. 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. -3 - Page 130 of 764 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 good 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. *Goals for Minorities: Goals for Women: OA OA *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). -4 - Page 131 of 764 INDICATE: CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H -5 - Page 132 of 764 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: -6 - Page 133 of 764 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. 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, craftsmen and woodchoppers, laborers performing lifting, digging, mixing, loading and pulling operations and kindred workers. -7 - Page 134 of 764 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-job): 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. -s - Page 135 of 764 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the FY 2021 CIP PIPELINING PHASE IVA2, CITY CONTRACT NO. 1043, 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. BID ITEM DESCRIPTION UNIT EST. QTY. MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a 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, IA 50703 Phone: (319) 291-4429 ITEMS OF POTENTIAL MBE/WBE CONTRACT NO. 1043 AECOM 60620183 PAGE M-1 OF 6 FY 2021 CIP Pipelini�age �'36 of 764 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 ITEMS OF POTENTIAL MBE/WBE CONTRACT NO. 1043 AECOM 60620183 PAGE M-2 OF 6 FY 2021 CIP Pipelini�age �'37 of 764 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 and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3 (11/28/2001) ITEMS OF POTENTIAL MBE/WBE CONTRACT NO. 1043 AECOM 60620183 PAGE M-3 OF 6 FY 2021 CIP Pipelini�age �'38 of 764 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) ITEMS OF POTENTIAL MBE/WBE CONTRACT NO. 1043 AECOM 60620183 PAGE M-4 OF 6 FY 2021 CIP Pipelini�age �'39 of 764 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 MBE/WBE 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. MBE/WBE 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 CCO-4A Rev. 07-08-02 ITEMS OF POTENTIAL MBE/WBE CONTRACT NO. 1043 Page M-5 OF 6 AECOM #60620183 Page 140 of 764 FY 2021 CIP Pipelining Ph IVA2 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 Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 ITEMS OF POTENTIAL MBE/WBE AECOM #60620183 CONTRACT NO. 1043 Page 141 of 764 Page M-6 OF 6 FY 2021 CIP Pipelining Ph IVA2 CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA City WEB Site: Contract Compliance WEB Site for listing updates: Contact: Email: Phone: Fax: CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 www.ci.waterloo.ia.us http://www.cityofwaterlooiowa.com/contractcompliance Rudy Jones, Community Development Director rudv.i ones(a�waterloo-ia.org (319) 291-4429 (319) 291-4431 MBE/WBE Certified Contractors List Page 1 of 4 Page 142 of 764 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 FLATWORK, 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 MBE/WBE Certified Contractors List Page 2 of 4 Page 143 of 764 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 FLATWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND 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 144 of 764 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@cfu.net Contact: Carol Reese Specializing in: FLOOR COVERING * DENOTES WOMEN BUSINESS ENTERPRISE MBE/WBE Certified Contractors List Page 4 of 4 Page 145 of 764 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. 11. 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 BIDDERS QUALIFICATIONS CONTRACT NO. 1043 AECOM 60620183 Page SOQ-1 OF 2 FY 2021 CIP Pipelini�age'�246 of 764 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. State of Dated at , this day of , 20_ County of ) ss: By: (Name of Bidder) Title: , 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 BIDDERS QUALIFICATIONS CONTRACT NO. 1043 AECOM 60620183 Page SOQ-2 OF 2 FY 2021 CIP Pipelini�age �247 of 764 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 FY 2021 CIP PIPELINING PHASE IVA2, CITY CONTRACT NO. 1043, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications are dated , 20 , They have the general title of FY 2021 CIP PIPELINING PHASE IVA2, CITY CONTRACT NO. 1043. The drawings are numbered and separately entitled as follows: DRAWING NO. TITLE The standard specifications of the City of Waterloo are to be used along with the special provisions described herein and shall be considered as part of the contract documents. The 2020 Standard Specifications for the Iowa Statewide Urban Design and Specifications Program (SUDAS) (as referenced) are to be used along with the special provisions and General Specifications for Construction 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. GENERAL SPECIAL PROVISIONS CONTRACT NO. 1043 AECOM 60620183 Page GSP-1 OF 4 FY 2021 CIP Pipelini�age , 248 of 764 CONTRACTOR may dispose of debris from pipe cleaning activities at the Waterloo WWTP Monday through Friday between the hours of 8 a.m. to 2 p.m. CONTRACTOR will register with the operator of the WWTP prior to disposal. 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 non -salvageable 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. MAILBOXES/STOP SIGNS The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. The removal and replacement of stop signs will not be considered for direct payment, but will be considered incidental to the item to which it applies. 8. 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. 9. 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. 10. 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 GENERAL SPECIAL PROVISIONS CONTRACT NO. 1043 AECOM 60620183 Page GSP-2 OF 4 FY 2021 CIP Pipelini�age �249 of 764 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. 11. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City 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. 12. PRE -CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre - construction conference to discuss problems and schedules of contracts. 13. 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. 14. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 15. TRAFFIC CONTROL DURING CONSTRUCTION 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 Part VI 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 Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer. GENERAL SPECIAL PROVISIONS CONTRACT NO. 1043 AECOM 60620183 Page GSP-3 OF 4 FY 2021 CIP Pipelini�age'150 of 764 The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of Part VI of the "Iowa Manual on Uniform Traffic Control Devices." Encapsulated lens sheeting is not required on this project. 16. GRADES, LINES, LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor. The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the same to AECOM before commencing work. 17. 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. 18. 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 and/or holidays requires prior approval of the City in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2020 due to City holidays: GENERAL SPECIAL PROVISIONS CONTRACT NO. 1043 AECOM 60620183 Page GSP-4 OF 4 FY 2021 CIP Pipelini�age'�251 of 764 SPECIAL PROVISIONS CONCRETE AND ASPHALT PAVEMENTS; DRIVEWAYS AND SIDEWALKS 1. TRAFFIC CONTROL The Engineer, or authorized representative, shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be price adjusted if corrected the day notification is given. In addition to a price adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures. Penalties: 1st Offense Written warning given by City. 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion (amount or more equal or greater than $1,000) 2. 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. SPECIAL PROVISIONS CONTRACT NO. 1043 AECOM #60620183 Page SP-1 OF 3 FY 2021 CIP Pipelininta age 152 of 764 3. STANDARD SPECIFICATIONS The Standard Specifications, which are referenced in the contract documents, are designated as follows: SUDAS STANDARD SPECIFICATIONS - "2020 Standard Specifications for the Iowa Statewide Urban Design and Specifications Program" (unless otherwise noted) and current revisions thereof. IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Ames, Iowa, Series 2012" (unless otherwise noted) and current revisions thereof. WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa." 4. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR The Prime Contractor shall be required to perform at least 30 percent of the total contract amount of this project. Purchasing of materials for subcontractors will not be an acceptable method for the prime contractor to meet the 30 percent requirement. 5. 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 01 11 18 Section 01 22 13 Section 33 01 31 Summary of Work Measurement and Payment Cured -In -Place Pipe Sewer Lining 6. SHOP DRAWINGS, CERTIFICATES, AND EQUIPMENT 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, SPECIAL PROVISIONS CONTRACT NO. 1043 AECOM #60620183 Page SP-2 OF 3 FY 2021 CIP Pipelini�age'�253 of 764 and 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. 7. 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. D. Electronic files of internal inspections prior to and upon completion of liner insertion. E. Electronic files of television inspection reports. 8. ACCESS TO PROPERTIES The intent of construction staging is to maintain access to businesses, schools, churches, apartments, etc. Other staging proposals submitted by the Contractor will be considered as long as adequate access is maintained. The Contractor shall make every effort to minimize the amount of time that access to private properties and driveways is blocked. To allow businesses the opportunity to arrange alternate directional signing for customers, the Contractor shall inform businesses ten (10) days in advance of the anticipated street closing. In cases where residential ingress -egress is limited by the Contractor's operations, he shall give the property owner involved at least 36 hours' notice. The contractor shall provide the Engineer with a copy of the notice (see order of construction) mailed or delivered, the date of mailing or delivery, and a list of addresses, properties, or persons contacted. SPECIAL PROVISIONS CONTRACT NO. 1043 AECOM #60620183 Page SP-3 OF 3 FY 2021 CIP Pipelini�/, 25 Ph of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 155 of 764 SECTION 01 11 18 SUMMARY OF WORK PART 1 GENERAL 1.01 SUMMARY A. Work of this Contract entails construction of Cured -In -Place (CIP) sanitary sewer lining located in the City of Waterloo, identified as Sewer Service Area 19 (SA #19), as shown on the Drawings. The project includes cleaning, root removal, televising, CIP pipelining and lateral grouting of the following quantities: 8-Inch Diameter — 23,400 LF 10-Inch Diameter — 2,400 LF 12-Inch Diameter — 4,900 LF 18-Inch Diameter — 1,400 LF 24-Inch Diameter - 360 LF Lateral Grouting — 387 EA 1.02 DEFINITIONS A. Standard Specifications: SUDAS 2020 Edition, except where otherwise noted. 1.03 FORM OF SPECIFICATIONS A. These Specifications are written in imperative and abbreviated form. Imperative language of Specification sections is directed at CONTRACTOR, unless specifically noted otherwise. Incomplete sentences in Specifications shall be completed by inserting "shall," "CONTRACTOR shall," "shall be," and similar mandatory phrases by inference in same manner as they are applied to notes on Drawings. Words "shall be" shall be supplied by inference where colon (:) is used within sentences or phrases. Except as worded to contrary, fulfill (perform) indicated requirements whether stated imperatively or otherwise. B. Items of Work are specified by section. Specifications or requirements of one or more sections may apply or be referenced in other sections. C. Provide Work described and comply with requirements stated in each Specification section and Drawings unless specifically assigned to other Contractors or OWNER. 1.04 CONTRACTS A. Perform Work under unit price Contract(s) with OWNER. 1.05 MILESTONES (WORK SEQUENCE) A. Construct Work in stages to provide for public convenience. 1. Do not close off public use of facilities until completion of one stage of construction provides alternative usage. 2. Stages of construction are those indicated on Drawings. 1.06 CONTRACTOR'S USE OF PREMISES A. Limit use of premises for Work and storage to allow for following. 1. Public use. 03/17/2021 01 11 18-1 WAT CIPP PH IVA2 - 60620183 Page 156 of 764 B. Conduct operations to ensure least inconvenience to general public. Coordinate use of premises with OWNER. C. Assume full responsibility for protection and safekeeping of products under this Contract. D. Obtain and pay for use of additional storage or Work areas needed for operations at no additional cost to OWNER. E. Confine operations to areas within Contract limits indicated. Do not disturb portions of site beyond areas in which Work is indicated. F. Keep driveways, roads, and entrances serving premises clear and available to OWNER and public at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on Site. 1.07 EASEMENTS, LICENSES, AND PERMITS A. Easements, construction licenses, and permits obtained for Work shown on Drawings. 1. OWNER has copies of documents on file for review. 2. Comply with provisions of easements, licenses, and permits. 3. Obtain additional construction licenses necessary to complete Work. 4. Easements and are shown on Drawings. 5. Perform construction within existing rights -of -way or within limits of easements. 6. Obtain written authorization from affected property owners or maintaining authorities if construction is outside these areas. 7. Comply with requirements of OWNERS or maintaining authorities. 8. Obtain written approval of restoration from easement and construction license grantors shown on Drawings. 1.08 STAKING A. Proposed Work will be staked once, by ENGINEER, at no expense to CONTRACTOR. Should CONTRACTOR request restaking, this Work will be done as ENGINEER'S schedule permits and at expense of CONTRACTOR. Notify ENGINEER at least 3 days prior to start of open -cut work or 7 days prior to start of jacked or augered work and when making periodic requests for line and grade stakes. 1. ENGINEER will provide one line of survey stakes for utility work and prepare separate cut sheets where multiple pipes are located in common trench. 2. CONTRACTOR shall maintain survey stakes. PART2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * * END OF SECTION 03/17/2021 01 11 18-2 WAT CIPP PH IVA2 - 60620183 Page 157 of 764 SECTION 01 22 13 MEASUREMENTS AND PAYMENTS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. This section identifies Bid items by number and lists applicable Specification sections and method of payment and measurement. B. Provide labor, materials, equipment, supervision, and other services to construct each Bid item as required by Contract Documents. C. Payment for all items shall be quantity shown on bid schedule unless dimensions of work are revised by OWNER through change order or unless subsequent recompilation shows plan quantity to be incorrect. Adjustments have not been made for compacted densities (shrinkage) on earth materials. D. Payment for all items will be made based on amount of work completed at time of pay request. 1.02 DESCRIPTION OF BID ITEMS - GENERAL A. Bid Item No. 1: 8" CIP Pipelining, Bid Item No. 2: 10" CIP Pipelining, Bid Item No. 3: 12" CIP Pipelining, and Bid Item No. 4: 18" CIP Pipelining 1. Includes furnishing and installation of Pipelining in accordance with SECTION 33 01 31 CURED -IN -PLACE PIPE SEWER LINING, SUDAS 4050, and the drawings. 2. Incidentals to this Bid Item: a. Any Pipelining inside manholes (thru flow trough) b. All work other work necessary to line each pipe segment from manhole to manhole 3. Not included with this Bid Item: a. Pipe Televising. See Bid Items 7 through 10. b. Pipe Cleaning. See Bid Items 11 through 14. c. Type C Root Removal. See Bid Items 15 through 17. d. Type D Lumberjacking. See Bid Items 18 through 20. 4. Measurement by the number of Lineal Feet of Pipelining installed from manhole pipe opening to manhole pipe opening. B. Bid Item No. 5: Lateral Reinstatement 1. Includes reinstating all active laterals in accordance with SECTION 33 01 31 CURED -IN - PLACE PIPE SEWER LINING and SUDAS 4050. 2. Measurement and payment based on bid price for each individual Lateral Reinstatement. C. Bid Item No. 6: 3-Foot Lateral Grouting 1. Includes grouting all active laterals in accordance with SECTION 33 01 31 CURED -IN - PLACE PIPE SEWER LINING and SUDAS 4050. 2. Measurement and payment based on bid price for each individual Lateral Reinstatement. 03/17/2021 01 22 13-1 WAT CIPP PH IVA2 - 60620183 Page 158 of 764 D. Bid Item No. 7: Pipe Televising — 8", Bid Item No. 8: Pipe Televising — 10", Bid Item No. 9: Pipe Televising — 12", and Bid Item No. 10: Pipe Televising — 18" 1. Includes documenting the Pre -Televising and Post -Televising of the sanitary sewer in accordance with SECTION 33 01 31 CURED -IN -PLACE PIPE SEWER LINING, SUDAS 4050 and 4060, and the drawings. 2. Measurement and payment based on Lineal Feet of cleaning. E. Bid Item No. 11: Pipe Cleaning — 8", Bid Item No. 12: Pipe Cleaning — 10", Bid Item No. 13: Pipe Cleaning — 12", and Bid Item No. 14: Pipe Cleaning — 18" 1. Includes sanitary sewer pipe cleaning in accordance with SECTION 33 01 31 CURED -IN - PLACE PIPE SEWER LINING, SUDAS 4050, SUDAS 4060, and the drawings. 2. Measurement and payment based on Lineal Feet of cleaning. F. Bid Item No. 15: Type C Root Removal - 8"-10", Bid Item No. 16: Type C Root Removal - 12"-15", and Bid Item No. 17: Type C Root Removal — 18" 1. Includes root removal in accordance with SECTION 33 01 31 CURED -IN -PLACE PIPE SEWER LINING, SUDAS 4050, SUDAS 4060, and the drawings. 2. Quantity is estimated based on 50% of the CIPP installed per diameter. 3. Measurement and payment based on Lineal Feet of cleaning. G. Bid Item No. 18: Type D Lumberjack - 8"-10", Bid Item No. 19: Type D Lumberjack - 12"-15", and Bid Item No. 20: Type D Lumberjack — 18" 1. Includes root removal in accordance with SECTION 33 01 31 CURED -IN -PLACE PIPE SEWER LINING, SUDAS 4050, SUDAS 4060, and the drawings. 2. Quantity is estimated based on 50% of the CIPP installed per diameter. 3. Measurement and payment based on Lineal Feet of cleaning. H. Bid Item No. 21: Protruding Taps Removal 1. Includes root removal in accordance with SECTION 33 01 31 CURED -IN -PLACE PIPE SEWER LINING, SUDAS 4050, SUDAS 4060, and the drawings. 2. Measurement and payment based on Each Protruding Tap Removed. Bid Item No. 22: Internal Chimney Seal 1. Includes furnishing and installation of Chimney Seals in accordance with SECTION 33 01 32 REHABILITATION OF EXISTING MANHOLES and SUDAS Section 6020. 2. Measurement and payment based on bid price on Each Chimney Seal Installed. 03/17/2021 01 22 13-2 WAT CIPP PH IVA2 - 60620183 Page 159 of 764 H. Bid Item No. 23: Manhole Barrel Joint Repair 1. Includes all work associated with Sealing Manhole Joints in accordance with SECTION 33 01 32 REHABILITATION OF EXISTING MANHOLES and SUDAS Section 6020. 2. Measurement and payment based on Each Individual Manhole, NOT BY THE JOINT SEALED. Bid Item No. 24: Manhole Lining 1. Includes all work associated with Manhole Lining in accordance with SECTION 33 01 32 REHABILITATION OF EXISTING MANHOLES and SUDAS Section 6020. 2. Lining of each manhole includes all interior surfaces, EXCLUDING the flow trough. 3. Individual measured manhole depths are displayed in the manhole table on each drawing. 4. Measurement and payment based on Each Individual Manhole. J. Bid Item No. 25: Grout Work 1. Includes all work associated with repairing the Existing Grout Work in accordance with SUDAS 2020. Grout Work includes repair of the chimney grout and base section doghouses. 2. Measurement and payment based on Each Individual Manhole. K. Bid Item No. 26: Box Outs 1. Includes all work associated with repairing the existing manholes in accordance with SUDAS 2020. 2. Measurement and payment based on Each Individual Box Out. L. Bid Alternate No. 1 — Service Area No. 23 WMSD Bid Item Nos. 100-106 1. Includes all work associated with this bid alternate described above in corresponding measurement and payment descriptions substituting the pipe size of 18" and 21", except for Bid Item No. 105 By -Pass Pumping and Bid Item No. 106 Traffic Control. 2. Bid Item No. 105 By -Pass Pumping includes all work and equipment associated with by-pass pumping sewage around the CIPP work described in the plans and specifications. 3. Bid Item No. 106 Traffic Control includes all work and equipment associated with traffic control for the CIPP work described in the plans and specifications. 4. Bid Item No. 105 By -Pass Pumping and Bid Item No. 106 Traffic Control measurement and payment based on Lump Sum. 5. Bid Item Nos. 105 and 106 shall be approved by the Engineer. 6. Flow for these segments are approximately 15-20% Full. M. Bid Alternate No. 2 — Service Area No. 11 Farm Field Bid Item Nos. 200-205 1. Includes all work associated with this bid alternate described above in corresponding measurement and payment descriptions substituting the pipe size of 42". 2. Flow for these segments are approximately 15-20% Full. * * * END OF SECTION * * * 03/17/2021 01 22 13-3 WAT CIPP PH IVA2 - 60620183 Page 160 of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 161 of 764 SECTION 33 01 31 CURED -IN -PLACE PIPE SEWER LINING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Installation of cured -in -place pipe liner into existing sewer, including pipeline cleaning, internal inspections, flow control, obstruction removal, reconnection of existing active service laterals, testing, cleanup, restoration and associated Work. B. Measurement and Payment: 1. See Specification Section 01 22 13. C. This Specification Section shall be supplemented by SUDAS Section 4050. 1.02 PERFORMANCE REQUIREMENTS A. Design Criteria: 1. Design cured -in -place liner thickness in accordance with ASTM F1216 and following additional requirements: a. Design Safety Factor 2.0 b. Creep Retention Factor 50% c. Ovality 2% or As Measured by Field Inspection d. Constrained Soil Modulus: 1,000 PSI e. Groundwater Depth: 2' Above the Invert of the Pipe f. Soil Depth: Distance from Surface Elevation to Invert of Pipe g. Live Load Highway h. Soil Load (Assumed) 120 lb/cu. Ft. i. Minimum Service Life 50 Years 2. Bond between layers shall be strong and uniform. Layers, after cure, shall form one homogeneous structural pipe wall with no part of tube left unsaturated by resin. 1.03 SUBMITTALS A. Product Data: 1. Manufacturer's literature and product certification for materials used in liner. B. Miscellaneous: FLASH DRIVE, INCLUDING THE FOLLOWING: 1. Internal inspections prior to and upon completion of liner insertion. 2. Television inspection reports. C. Proposed plan for bypassing sewage during liner installation. D. Submit in accordance with SUDAS Section 1050. 03/17/2021 33 01 31-1 WAT CIPP PH IVA2 - 60620183 Page 162 of 764 1.04 QUALITY ASSURANCE A. Installing CONTRACTOR'S Qualifications: 1. 4-yr minimum demonstrated successful application of lining process. B. Corrosion: 1. Fabricate finished liner from materials which, when cured, will be chemically resistant to withstand internal exposure to domestic sewage including expose to hydrogen sulfide gas. a. Use chemical solution and concentrations shown in ASTM F 1216, Table X2.1, for purpose of defining chemical resistance requirements. C. Manhole Connections: 1. Assure manhole connections watertight as possible considering condition of existing manholes. a. Use of "Hydro -Tight" or equal seal will be acceptable. D. Testing: 1. Flat plate test tube, in -plant, in accordance with F 1216. 2. Test finished liner. PART2 PRODUCTS 2.01 LINING PROCESS MANUFACTURERS A. Insituform. B. National Liner. C. In -Liner. D. C.I.P.P. Corporation E. Or equal. 2.02 CURED -IN -PLACE LINER TUBE A. Resin: 1. Liner Bag: Polyester resin for domestic sewage and general chemical applications. a. Resins may contain pigments, dyes, or colorants which will not interfere with visual inspection of cured liner. B. Reinforcing Material: 1. Non -woven needle interlocked polyester felt formed into sheets of required thickness. 2. Felt tubes may be made of single or multiple layer construction, with any layer not less than 1.5 mm thick. 03/17/2021 33 01 31-2 WAT CIPP PH IVA2 - 60620183 Page 163 of 764 3. Mechanical strengthener membrane or strips may be sandwiched in between layers where required to control longitudinal stretching. 4. Polyurethane membrane used during insertion of inflation bag may be left on internal surface of liner after curing. 5. Minimum thickness of bonded polyurethane membrane and inner liner, if used, shall be 0.25 mm, +5%, and shall not affect structural dimension requirements of cured liner. C. Felt Content: 1. Content shall ensure cured thickness of liner as specified. 2. Thickness of cured liner to be as specified (+10% - 4%) and shall not include thickness of polyurethane inner liner. D. Resin Content: 1. 10 to 15% by volume greater than volume of felt in liner bag. E. Cured liner shall conform to minimal structure standards listed one test per pallet or truck load: Pipe Standard Value Tensile Stress Pressure Pipes Only ASTM D 638 3,000 psi Modulus of Elasticity All ASTM D 790 250,000 psi Flexural Stress All ASTM D 790 4,500 psi 2.03 FABRICATION A. Fabricate liner to size that when installed, will fit internal circumference of pipe, including allowances for circumferential stretching during insertion and maximum pipe out of roundness specified for complete installation. 1. Conform to ASTM F1216. 2.04 CLEANING EQUIPMENT A. Selection: 1. Equipment selected for cleaning shall be capable or removing sludge, grease, debris and other deleterious materials and obstructions from sewers without damage to existing lines. 2. Selection of equipment shall be based on conditions of lines at time work commences and at sole discretion of CONTRACTOR to achieve removal of materials specified. PART 3 INSTALLATION 3.01 EXAMINATION A. CONTRACTOR shall Pre -Televise and Log all lines and laterals prior to lining and provide OWNER an electronic copy of video and written Log. Pre -Televising Log shall be made available to the ENGINEER during Post -Televising work as described in this Specification 3.06 C. B. CONTRACTOR shall notify the ENGINEER immediately of any excessive sedimentation of any kind that could result in extra work. If the CONTRACTOR proceeds with cleaning internally believed to be extra work prior to approval from the ENGINEER, the CONTRACTOR proceeds at its own risk. 03/17/2021 33 01 31-3 WAT CIPP PH IVA2 - 60620183 Page 164 of 764 C. CONTRACTOR shall notify the ENGINEER immediately of any main line or lateral blockages that would prevent planned lining or lateral reinstatement and grouting. D. Refer to SUDAS 4060 for video inspection requirements. 3.02 PREPARATION A. Prior to liner installation, clean grease, sludge, and other debris from line to provide proper installation of product. B. Remove or repair those offset joints, protruding services, or other deflects that would prevent insertion of liner. 1. CONTRACTOR shall make own determination of removal or repair required by review of video inspection DVDs and reports. C. If CONTRACTOR determines that existing pipe is 15% or more out of roundness, notify ENGINEER of condition of pipe prior to redesign of liner. D. Sewage Bypassing: 1. Provide for flow of sewage around sections of pipe to be lined. a. Pump or bypass lines shall be of adequate size and capacity to handle flow. b. Coordinate bypassing operations with OWNER. 3.03 SEWER CLEANING A. Use high-pressure jet cleaning (Type A) unless high-pressure (-10,000 psi) cleaning (Type D) is authorized by City; high-pressure (-10,000 psi) cleaning (Type D) to be considered Extra Work for which incremental additional compensation will be provided. Adjustment prices for cleaning will be basis for negotiation of additional compensation. Notify the ENGINEER immediately if line is discovered to be excessively blocked or damaged. B. Material Removed: 1. Remove sludge, grease, debris and other solid or semi -solid material resulting from cleaning operations at downstream manhole. Do not pass material from upstream sewer segment to next downstream sewer segment. 2. If hydraulic cleaning equipment is used, construct weir or dam in downstream manhole to trap solids for removal. 3. Remove material resulting from cleaning operations from site on daily basis. a. CONTRACTOR may dispose of debris from pipe cleaning activities at the Waterloo WWTP Monday through Friday between the hours of 8 a.m. to 2 p.m. CONTRACTOR will register with the operator of the WWTP prior to disposal. C. High -Pressure Jet Cleaning - TYPE A 1. Use high-pressure jet cleaning machine; use spinning head nozzle appropriate for size of sewer and debris present; traverse sewer against flow and from downstream manhole sufficient number of passes to ensure proper cleaning; minimum of two (2) passes per section. 2. Trap debris at downstream manhole to prevent carrying of debris into lower reaches of sewer section being cleaned. 03/17/2021 33 01 31-4 WAT CIPP PH IVA2 - 60620183 Page 165 of 764 3. Conduct all operations so as to prevent water being blown out of fixtures in adjacent buildings. 4. Maintain continuous minimum pressure of 1,000 psi on operating hoses. 5. Use of high-pressure jet cleaning for certain reaches of sewer based on observations made of previous studies; if heavy root growth is evident, notify City immediately; City will evaluate need for alternative methods of cleaning, if justified. D. Root Removal - TYPE C 1. Use rotating cutter head on jet machine or similar equipment to cut and remove roots from sewer pipe. Use cutter head with a diameter equal to the pipe diameter unless the Engineer gives written permission to do otherwise. 2. Chemical treatment for roots not required: chemical treatment will be considered Extra Work for which compensation will be negotiated. 3. Type C cleaning will take place only after televising reveals significant presence of roots and Contractor is directed by Engineer to stop televising and to undertake Type C cleaning. E. High -Pressure (-10,000 psi) Cleaning or Lumberjack Cleaning - TYPE D 1. Necessary to remove heavy grease from pipes not successfully removed by other means. 2. Necessary to remove hardened calcium deposits in pipes not successfully removed by other means. 3. Necessary to remove tuberculation in cast iron or ductile iron type pipes. F. Protection During Cleaning Operations: 1. Protect sewer and manholes from damage during cleaning operations. 3.04 INSTALLATION A. General: 1. Conform to ASTM F 1216 and as specified. B. Preparation of Liner: 1. Designate location where uncured resin in original containers and unimpregnated liner will be vacuum -impregnated prior to installation. 2. Use resin and catalyst system compatible with installation of this method. Quantities of liquid thermosetting materials shall be to manufacturer's standards to provide lining thickness required. 3. Transport resin impregnated liner to site, prior to inversion, in suitable light -proof container with temperature maintained below 40°F (4°C). C. Insertion of Liner: 1. Insert liner through an existing manhole or other access by means of an inversion process and application of hydrostatic head sufficient to fully extend liner to next designated manhole or termination point or by means of winching liner through last pipe to next designated manhole or termination point. Lubricant may be used. D. Curing Liner: 1. Using Circulated Heated Water 03/17/2021 33 01 31-5 WAT CIPP PH IVA2 - 60620183 Page 166 of 764 a. After inversion is completed, suitable heat source and water re -circulation equipment are required to circulate heated water throughout the pipe. 1) The equipment should be capable of delivering hot water throughout the section to uniformly raise the water temperature above the temperature required to affect a cure of the resin. 2) The heat source should be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge should be placed between the impregnated tube and the pipe invert at both ends to determine the temperatures during cure. b. Water temperature in the line during the cure period should be as recommended by the resin manufacturer. c. Initial cure will occur during temperature heat -up and is completed when exposed portions of the new pipe appear to be hard and sound and the remote temperature sensor indicates that the temperature is of a magnitude to realize an exothermic or cure in the resin. d. Initial cure is reached, the temperature should be raised to the post -cure temperature recommended by the resin manufacturer. 1) The post -cure temperature should be held for a period as recommended by the resin manufacturer, during which time the re -circulation of the water and cycling of the boiler to maintain temperature continues. 2) The curing of the CIPP must take into account the existing pipe material, the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of soil). e. Required Pressures 1) Before the curing begins, the pressure required to hold the flexible tube tight against the existing conduit shall be provided by the tube manufacturer. 2) Once the cure has started and dimpling for laterals is completed, the required pressure shall be maintained until the cure has been completed. If required by the owner, a continuous log of pressure during cure shall be maintained. 2. Using Steam a. After inversion is completed, suitable steam -generating equipment is required to distribute steam throughout the pipe. 1) The equipment should be capable of delivering steam throughout the section to uniformly raise the temperature within the pipe above the temperature required to affect a cure of the resin. 2) The temperature in the line during the cure period should be as recommended by the resin manufacturer. b. The steam -generating equipment should be fitted with a suitable monitor to gauge the temperature of the outgoing steam. 1) The temperature of the resin being cured should be monitored by placing a gauge between the impregnated tube and the existing pipe at the termination end to determine the temperature during cure. c. Initial cure will occur during temperature heat -up and is completed when exposed portions of the new pipe appear to be hard and sound and the remote temperature 03/17/2021 33 01 31-6 WAT CIPP PH IVA2 - 60620183 Page 167 of 764 E. sensor indicates that the temperature is of a magnitude to realize an exotherm or cure in the resin. 1) After initial cure is reached, the temperature should be raised to post -cure temperatures recommended by the resin manufacturer. 2) The post -cure temperature should be held for a period as recommended by the resin manufacturer, during which time the distribution and control of steam to maintain the temperature continues. 3) The curing of the CIPP must take into account the existing pipe material, the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of soil). 3. Cool -Down a. Using Cool Water After Heated Water Cure 1) The new pipe should be cooled to a temperature below relieving the static head or air pressure in the inversion stan 2) Cool -down may be accomplished by the introduction of inversion standpipe water being drained from a small downstream end. 3) Care should be taken in the release of head so that a developed that could damage the newly installed pipe. b. Using Cool Water After Steam Cure 100°F(38°C) before dpipe. cool water into the hole made in the vacuum will not be 1) The new pipe should be cooled to a temperature below 113°F(45°C) before relieving the internal pressure within the section. 2) Cool -down may be accomplished by the introduction of cool water into the section to replace the mixture of air and steam being drained from a small hole made in the downstream end. 3) Care should be taken in the release of the air pressure so that a vacuum will not be developed that could damage the newly installed pipe Finished Liner: 1. Liner shall be continuous over entire length of inversion run and be as free as commercially practicable from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. 2. During curing process, gauge watertightness under positive head. a. Rate of Exfiltration: Not greater than 200 gal per day per in. dia per mile. 3. Liner shall conform to shape of pipe existing before installation and not be out of round by more than 15%. 3.05 CONNECTIONS A. Service Lateral Connections: 1. Locations: a. Contractor to determine active/inactive laterals by reviewing the pre -cleaning televising records to determine which laterals will not need to be reinstated and by direct measurement. CONTRACTOR shall notify the ENGINEER to verify INACTIVE OR BLOCKED LATERALS. SUDAS DYE TESTING REQUIREMENT DOES NOT APPLY 03/17/2021 33 01 31-7 WAT CIPP PH IVA2 - 60620183 Page 168 of 764 1) Use steel tape for measuring distances. 2) Reference connection location measurements from inside face of manhole wall. 2. Reinstatements: a. Reinstate and reconnect service laterals unless lateral connection is determined by CONTRACTOR to be either inactive or abandoned. Document inactive or abandoned laterals and notify the ENGINEER to verify their state. b. Reconnect service laterals from within pipe using cutting device that re-establishes service for minimum of 95% of flow capacity. 1) Liner shall be sufficiently tight so there is no annular space between connection and liner. B. Manhole Connections: 1. Provide watertight seal between sewer pipe and liner pipe. 2. Reconstruct channels in manhole to match new invert elevations OR leave CIP in manhole channel and cut to match bench 3.06 FIELD QUALITY CONTROL A. Liner Thickness: 1. Cured liner thickness shall not be more than 5% less than thickness specified. B. Felt and Resin Content of Liner: 1. Visually inspect liner to ensure number of layers of felt conforms to specified number of layers and thickness. 2. Calculate resin to felt ratio by weight. 3. Ratio shall fall in range 1.10:1 to 1.15:1. C. Examination: 1. Notify the ENGINEER 24 hours prior to Post -Televising work. The ENGINEER assumes this will be a daily task during the majority of the project and staff will be available to observe the work as to not delay the CONTRACTOR'S work. 2. Provide the ENGINEER with the Pre -Televising Log prior to the Post -Televising. 3. Televise interior of pipe after completion of Work in the presence of the ENGINEER and provide an electronic copy of the video and written report to OWNER. 4. Refer to SUDAS 4060 for video inspection requirements. * * * END OF SECTION 03/17/2021 33 01 31-8 WAT CIPP PH IVA2 - 60620183 Page 169 of 764 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 GENERAL SPECS CONTRACT NO. 1043 Page GSC-1 OF 13 AECOM 60620183 FY 2021 CIP Pipelini a Ph I Al / 0 of 764 the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 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 any one 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, GENERAL SPECS CONTRACT NO. 1043 Page GSC-2 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVA271 of 764 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 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. GENERAL SPECS CONTRACT NO. 1043 Page GSC-3 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVP�272 of 764 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. 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 GENERAL SPECS CONTRACT NO. 1043 Page GSC-4 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVP�273 of 764 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 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 bench marks, 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 GENERAL SPECS CONTRACT NO. 1043 Page GSC-5 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVP�274 of 764 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. 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 GENERAL SPECS CONTRACT NO. 1043 Page GSC-6 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVP�275 of 764 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 and 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 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. GENERAL SPECS CONTRACT NO. 1043 Page GSC-7 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVP�276 of 764 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. 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. GENERAL SPECS CONTRACT NO. 1043 Page GSC-8 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVP�277 of 764 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 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. GENERAL SPECS CONTRACT NO. 1043 Page GSC-9 OF 13 AECOM 60620183 FY 2021 CIP Pipelini a Ph I Al / 8 of 764 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. 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. GENERAL SPECS CONTRACT NO. 1043 Page GSC-10 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVP�279 of 764 (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 Products —Completed Operations Aggregate Limit $ 5,000,000.00 $ 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, named as an "Additional Named Insured". 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 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 GENERAL SPECS CONTRACT NO. 1043 Page GSC-11 OF 13 AECOM 60620183 FY 2021 CIP Pipeliniaa Ph IV 280 of 764 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. 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 GENERAL SPECS CONTRACT NO. 1043 Page GSC-12 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVA2,1 of 764 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. GENERAL SPECS CONTRACT NO. 1043 Page GSC-13 OF 13 AECOM 60620183 FY 2021 CIP Pipelinipg�Phh IIVA2,2 of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 183 of 764 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. SUPPLEMENTAL GENERAL SPECS CONTRACT NO. 1043 AECOM 60620183 Page SGS-1 OF 1 FY 2021 CIP Pipelini�ag /, 284 of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 185 of 764 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2021 CIP PIPELINING PHASE IVA2 CITY OF WATERLOO, IOWA CONTRACT NO. 1043 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 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 Contractor agrees to build and construct the FY 2021 CIP PIPELINING PHASE IVA2, Contract No. 1043, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and 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. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before , 20 . Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or FORM OF CONTRACT CONTRACT NO. 1043 AECOM 60620183 Page C-1 OF 4 FY 2021 CIP Pipelini�age , 286 of 764 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. 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. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the FORM OF CONTRACT CONTRACT NO. 1043 AECOM 60620183 Page C-2 OF 4 FY 2021 CIP Pipelini gage , 287 of 764 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 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 PAR. 21 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. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT CONTRACT NO. 1043 AECOM 60620183 Page C-3 OF 4 FY 2021 CIP Pipelini�age , 288 of 764 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 CONTRACT NO. 1043 AECOM 60620183 Page C-4 OF 4 FY 2021 CIP Pipelini�age �289 of 764 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. PERFORMANCE BOND CONTRACT NO. 1043 AECOM 60620183 Page PFB-1 OF 2 FY 2021 CIP Pipelinipgage 1290 of 764 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of _ PRINCIPAL SURETY 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. 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. 1043 AECOM 60620183 Page PFB-2 OF 2 FY 2021 CIP Pipelinipgage i 1 of 764 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: FY 2021 CIP PIPELINING PHASE IVA2 CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1043 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 PAYMENT BOND CONTRACT NO. 1043 AECOM #60620183 Page PB-1 OF 2 FY 2021 CIP Pipelini�age , 292 of 764 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 counterparts, each one of (number) which shall be deemed an original, this the day of , 20 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) Principal By (s) (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (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. 1043 AECOM #60620183 Page PB-2 OF 2 FY 2021 CIP Pipelini�age'�293 of 764 APPENDIX 1. Change Order Form 2. Davis -Bacon Act (To Be Requested) Page 194 of 764 Page 195 of 764 CHANGE ORDER NO. Owner Date Project Owner's Contract No. Contractor Date of Contract Start $ You are directed to make the following changes in the Contract Documents. Description: Reason for Change Order: CONTRACT PRICE To substantial completion Original: $ Previous CIO's (ADD/DEDUCT): $ This C.O. (ADD/DEDUCT): $ Contract Price with All Approved Change Orders: $ Original Completion Date: Previous CIO's (ADD/DEDUCT): This C.O. (ADD/DEDUCT): REVISED: Revised Completion Date: CONTRACT TIMES (Calendar Days) To Final completion It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: By: OWNER (Authorized Signature) ACCEPTED: By: CONTRACTOR (Authorized Signature) Date Date AECOM, Inc. 60620183 / Project Change Number Order No. CO-1 FY 2021 CIP PIPELINING PHASE IVA2 CITY CONTRAC NO 10 1 6 of 764 THIS PAGE LEFT BLANK INTENTIONALLY Page 197 of 764 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Brian Bowman, Operations Supervisor May 19, 2021 Memo to Waterloo Mayor and City Council: RE: Pipelining Phase IVA2 (Contract No. 1043) Plans, Specifications, Engineers Estimate of Cost and Setting of Public Hearing Background Discussion: The Cured -in -Place (CIP) Pipelining Project -Phase IVA2 is the annual continuation of the City's sanitary sewer lining and manhole rehabilitation program. This project addresses target areas identified as part of the Sanitary Sewer Master Plan which require repair and is a requirement of the consent decree. Specifically portions of Service Area 19 are included as well as five time sensitive alternates, two in Service Area 19, one in Service Area 14, one in Service Area 20 and one in Service Area 17. The project includes cleaning, root removal, televising, CIP pipelining, lateral grouting and manhole rehabilitation. The projects scheduled completion date is December 17, 2021. AECOM was hired to prepare the plans and specifications. The Engineer's Estimate of cost for the full project is $1,080,682.50. This project is part of the approved Capital Improvements Program and is funded from the Sewer fund. For City Council considering on the June 7, 2021 regular meeting agenda is setting the date for the public hearing. The bid opening date is scheduled for July 1, 2021. The public hearing, official bid reading, potential award is scheduled for July 6, 2021. Recommended Action: It is recommended that the City Council approve setting the date of public hearing, bid reading, and potential award for the CIP Pipelining Phase IVA2 (Contract No.1043) at the July 6, 2021 City Council Regular Meeting. Page 198 of 764 Engineers Probable Cost of Construction Phase IVA2 SA 19 City of Waterloo City Contract No. 1043 AECOM Proj. No. 60620183 Monday, May 17, 2021 A:COM Item Description Unit Estimated Quantity Unit Price Total Price BASE BID - SA 19 SRF 1 i - 1 8" Diameter CIP Pipe Lining LF 21,082.0 $ 20.00 $ 421,640.00 2 10" Diameter CIP Pipe Lining LF 1,116.0 $ 25.00 $ 27,900.00 3 12" Diameter CIP Pipe Lining LF 926.0 $ 30.00 $ 27,780.00 4 18" Diameter CIP Pipe Lining LF 1,395.0 $ 50.00 $ 69,750.00 5 Lateral Reinstatement EA 353.0 $ 50.00 $ 17,650.00 6 3-FT Lateral Grouting EA 353.0 $ 300.00 $ 105,900.00 7 Pipe Televising - 8" LF 42,164.0 $ 0.75 $ 31,623.00 8 Pipe Televising - 10" LF 2,232.0 $ 0.75 $ 1,674.00 9 Pipe Televising - 12" LF 1,852.0 $ 0.75 $ 1,389.00 10 Pipe Televising - 18" LF 2,790.0 $ 0.75 $ 2,092.50 11 Type A Pipe Cleaning - 8" LF 21,082.0 $ 2.25 $ 47,434.50 12 Type A Pipe Cleaning - 10" LF 1,116.0 $ 2.25 $ 2,511.00 13 Type A Pipe Cleaning - 12" LF 926.0 $ 2.25 $ 2,083.50 14 Type A Pipe Cleaning - 18" LF 1,395.0 $ 2.75 $ 3,836.25 15 Type C Root Removal - 8"-10" LF 11,099.0 $ 1.00 $ 11,099.00 16 Type C Root Removal - 12"-15" LF 463.0 $ 1.00 $ 463.00 17 Type C Root Removal - 18" LF 697.0 $ 1.00 $ 697.00 18 Type D Lumberjack - 8"-10" LF 11,099.0 $ 1.00 $ 11,099.00 19 Type D Lumberjack - 12"-15" LF 463.0 $ 1.00 $ 463.00 20 Type D Lumberjack - 18" LF 697.0 $ 1.00 $ 697.00 21 Protruding Taps Removal EA 100.0 $ 46.00 $ 4,600.00 BASE BID - SA 19 SRF TOTAL $ 792,381.75 Alternate No. 1 - SA 19 SRF 101 8" Diameter CIP Pipe Lining LF 2,257.0 $ 20.00 $ 45,140.00 102 Lateral Reinstatement EA 26.0 $ 50.00 $ 1,300.00 103 3-FT Lateral Grouting EA 26.0 $ 300.00 $ 7,800.00 104 Pipe Televising - 8" LF 4,514.0 $ 0.75 $ 3,385.50 105 Type A Pipe Cleaning - 8" LF 2,257.0 $ 2.25 $ 5,078.25 106 Type C Root Removal - 8"-10" LF 1,128.5 $ 1.00 $ 1,128.50 107 Type D Lumberjack - 8"-10" LF 1,128.5 $ 1.00 $ 1,128.50 108 Protruding Taps Removal EA 5.0 $ 46.00 $ 230.00 Alternate No. 1 - SA 19 SRF TOTAL $ 65,190.75 Alternate No. 2 - SA 19 SRF 201 12" Diameter CIP Pipe Lining LF 2,256.0 $ 30.00 $ 67,680.00 202 Pipe Televising - 12" LF 4,512.0 $ 0.75 $ 3,384.00 203 Type A Pipe Cleaning - 12" LF 2,256.0 $ 2.25 $ 5,076.00 204 Type C Root Removal - 12"-15" LF 1,128.0 $ 1.00 $ 1,128.00 205 Type D Lumberjack - 12"-15" LF 1,128.0 $ 1.00 $ 1,128.00 Alternate No. 3 - SA 14 NON SRF Alternate No. 2 - SA 19 SRF TOTAL $ 78,396.00 301 10" Diameter CIP Pipe Lining LF 1,292.0 $ 25.00 $ 32,300.00 302 12" Diameter CIP Pipe Lining LF 1,394.0 $ 30.00 $ 41,820.00 303 Lateral Reinstatement EA 4.0 $ 50.00 $ 200.00 304 3-FT Lateral Grouting EA 4.0 $ 300.00 $ 1,200.00 305 Pipe Televising - 10" LF 2,584.0 $ 0.75 $ 1,938.00 306 Pipe Televising - 12" LF 2,788.0 $ 0.75 $ 2,091.00 307 Type A Pipe Cleaning - 10" LF 1,292.0 $ 2.25 $ 2,907.00 308 Type A Pipe Cleaning - 12" LF 1,394.0 $ 2.25 $ 3,136.50 309 Type C Root Removal - 8"-10" LF 646.0 $ 1.00 $ 646.00 310 Type C Root Removal - 12"-15' LF 697.0 $ 1.00 $ 697.00 311 Type D Lumberjack - 8"-10" LF 646.0 $ 1.00 $ 646.00 312 Type D Lumberjack - 12"-15' LF 697.0 $ 1.00 $ 697.00 313 Protruding Taps Removal EA 1.0 $ 46.00 $ 46.00 $ 88,324.50 Alternate No. 3 - SA 14 NON SRF TOTAL Alternate No. 4 - SA 20 NON SRF 401 24" Diameter CIP Pipe Lining LF 361.0 $ 110.00 $ 39,710.00 402 Pipe Televising - 24" LF 722.0 $ 1.50 $ 1,083.00 403 Type A Pipe Cleaning - 24" LF 361.0 $ 2.50 $ 902.50 404 Type C Root Removal - 24" LF 180.5 $ 5.00 $ 902.50 405 Type D Lumberjack - 24" LF 180.5 $ 5.00 $ 902.50 • Alternate No. 4 - SA 20 NON SRF TOTAL $ 43,500.50 Alternate No. 5 - SA 17 NON SRF 501 12" Diameter CIP Pipe Lining LF 324.0 $ 30.00 $ 9,720.00 502 Lateral Reinstatement EA 4.0 $ 50.00 $ 200.00 503 3-FT Lateral Grouting EA 4.0 $ 300.00 $ 1,200.00 504 Pipe Televising - 12" LF 648.0 $ 0.75 $ 486.00 505 Type A Pipe Cleaning - 12" LF 324.0 $ 2.25 $ 729.00 506 Type C Root Removal - 12"-15' LF 162.0 $ 1.00 $ 162.00 507 Type D Lumberjack - 12"-15' LF 162.0 $ 1.00 $ 162.00 508 Protruding Taps Removal EA 5.0 $ 46.00 $ 230.00 Alternate No. 5 - SA 17 NON SRF FULL PROJECT TOTAL TOTAL $ 12,889.00 $ 1,080,682.50 SRF TOTAL I $ 935,968.50 NON SRF TOTAL I $ 144,714.00 Page 199 of 764 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 21, 2021 for a ten-year lease agreement and the option for two (2) five-year renewals, with the University of Northern Iowa, to lease 800 Sycamore Street for the Center for Urban Education (UNICUE), and instruct the City Clerk to publish notice. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ Lease Agreement Backup Material u Map Backup Material SUBJECT: Submitted by: Resolution setting date of public hearing as June 21, 2021 for a ten-year lease agreement and the option for two (2) five-year renewals, with the University of Northern Iowa, to lease 800 Sycamore Street for the Center for Urban Education (UNICUE), and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: The University of Northern Iowa (UNI) originally entered into a lease agreement with the City in 2001 to rent 800 Sycamore Street for UNICUE. The ten years and two five year renewals of the initial agreement have been exercised by UNI and the last five year renewal of that agreement ends on August 21, 2021. UNI desires to enter into another ten year lease agreement that would expire on August 20, 2031, and the option for two five year renewals, which could keep the building leased till 2041. The rental amount per month is $6,035.08, equating to $72,420.96 in lease revenue per year for the City. UNICUE has had a presence in Downtown Waterloo for many years and it provided positive impact to the City. Since this a request to lease City property for three or more years, a public hearing is necessary. None N/A Property Management In 2017 an amendment to the lease agreement was passed to clarify which party is responsible for certain maintenance needs and it is detailed in the attached agreement. Page 200 of 764 Legal Descriptions: Those parts of Lots Nos. Two (2), Three (3), Six (6), Seven (7) and Ten (10) in Block No. One (1) in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, lying Northwesterly of the following described line: Beginning at a point on the Northeasterly line of said Block that is Fifteen (15) feet Northwesterly, as measured at right angles, from the center line of the main track of the Chicago and North Western Transportation Company (formerly the Chicago Great Western Railway Company), as said main track is now located; thence Southwesterly parallel with said main track center line to a point distant Nine and Five Tenths (9.5) feet Northwesterly, measured radially, from the center line of the most Northwesterly side track of the Chicago and North Western Transportation Company, as said side track is now located; thence Southwesterly parallel with said side track center line to a point on the Southwesterly line of said Block. Page 201 of 764 LEASE — BUSINESS PROPERTY (Board as Tenant) This Lease — Business Property (the "Lease") is made and entered into this 15th day of April, 2021, by and between City of Waterloo (the "Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa 50703, and the Board of Regents, State of Iowa for the Use and Benefit of the UNI (the "Tenant"), whose address for the purpose of this Lease is 122 Lang Hall, Cedar Falls, Iowa 50614. 1. PREMISES AND TERM. (a) The Landlord hereby leases unto the Tenant, and Tenant hereby rents and Leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: 800 Sycamore Street, Waterloo, Iowa 50703 (formerly Chicago Great Western Depot), with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on Exhibit "A" attached hereto, for a term of ten (10) years, beginning at midnight on August 21, 2021, and ending at 11:59 p.m. on the last day of the Lease term, which shall be on August 20, 2031, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. (b) Renewal. See paragraph 25 below. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term the sum of $6,035.08 per month, in advance, the first rent payment becoming due September 1, 2021, and the same amount, per month, in advance, on the first day of each month thereafter, during the term of this Lease. All sums shall be paid at the address of Landlord, as above designated, or at such other place as the Landlord may, from time to time, previously designate in writing. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises, only for legal purposes. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant, on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. Landlord shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly provided herein. 1 Page 202 of 764 (b) Landlord's Duty of Care and Maintenance. Landlord will provide for maintenance of the roof and its replacement when needed. Landlord will maintain the exterior, sidewalk, parking lot (including striping and lighting). Landlord will replace HVAC units, electrical panels, security system and fire alarm if any of such systems are beyond repair. Landlord will keep the roof, structural part of the floor, walls and other structural parts of the building in good repair. (c) Tenant's Duty of Care and Maintenance. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for structural parts of the building and except as provided in paragraph 6(b) or section 7. Tenant will furnish its own interior and exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Tenant will be responsible for all items noted in this paragraph 6(c) and section 7. Tenant will maintain HVAC systems, performing regular and routine maintenance including the replacement of components as needed as long as the cost of repair does not exceed the replacement cost. Tenant will maintain all of the interior systems and equipment, will repair dings and dents, will paint walls and doors, will maintain the carpet and patch all openings created by removal and/or addition of furnishings or changes to the office layout. Tenant agrees to give Landlord as much notice as possible when equipment or a system is nearing the end of its useful life so that Landlord can make arrangements for replacement. Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, if and only if the other terms of this Lease fix responsibility for heating upon the Tenant. Tenant shall make no structural alterations or improvements without the written approval of the Landlord, which approval shall not be unreasonably withheld. Tenant is responsible for securing all windows and doors within and on its leased space and shall exert diligence in keeping building entrances and openings locked after normal business hours. (d) Tenant will make no unlawful use of said premises and agrees to comply with all applicable city ordinances, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. 7. OPERATING EXPENSES. (a) UTILITIES AND SERVICES. Tenant shall pay all charges for use of telephone and other utilities and services which may be used in or upon the demised premises during the term of this Lease, except as provided below. (b) AIR CONDITIONING equipment shall be furnished at the expense of Landlord and maintenance thereof at the expense of Tenant. (c) JANITOR SERVICE shah be furnished at the expense of Tenant. 2 Page 203 of 764 (d) HEATING equipment shall be furnished at the expense of Landlord and maintenance thereof at the expense of Tenant. Heating costs shall be the expense of Tenant. (e) WATER AND SEWER shall be furnished at the expense of Tenant. (f) ELECTRICITY service shall be furnished at the expense of Tenant. (g) TRASH DISPOSAL shall be furnished at the expense of Tenant. (h) SNOW REMOVAL shall be furnished at the expense of Tenant. (i) LAWN CARE shall be furnished at the expense of Tenant. (j) OTHER: Any other maintenance, utility and service expenses not related to paragraph 6(b) above shall be furnished by Tenant. 8. (a) SURRENDER OF PREMISES AT THE END OF TERM — REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this Lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. (b) Tenant may, at the expiration of the term of this Lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) Holding Over. Continued possession by the Tenant beyond the expiratory date of the Lease term, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this Lease, or for a new lease) shall constitute a month -to -month extension of this Lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or subletting of the premises or any part thereof is prohibited without the Landlord's written permission. Such written permission shall not be unreasonably withheld. 10. LANDLORD'S RIGHT OF ACCESS. Upon reasonable notice, Landlord or its authorized representative may enter the leased premises at any reasonable time for the purpose of inspecting the leased premises or for the servicing of any utilities. 11.TAXES. (a) All Real Estate Taxes levied or assessed by lawful authority (but reasonably preserving Landlord's rights of appeal) against said real property shall be timely paid by the Landlord. Any increase in such taxes shall be paid by the Landlord. (b) Personal Property Taxes. Tenant is, in general, exempt from personal property taxes. Tenant shall pay all such taxes for which it is not exempt. 3 Page 204 of 764 (c) Special Assessments. Special assessments shall be timely paid by the Landlord. 12. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually covered by extended coverage. Both parties recognize that Tenant, as an agency of the State of Iowa, is self -insured. (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises. (c) In the event of damage to buildings, or improvements by any natural or manmade disaster, the Tenant shall notify the Landlord by telephone or in writing within 24 hours of Tenant's first knowledge thereof. (d) Release of Recovery Rights. Each party hereby releases the other from claims for recovery for any loss or damage to any property owned by either party which is insured under valid and collective insurance policies to the extent of any recovery collectible under such insurance. It is further agreed that waiver shall apply only when permitted by the applicable policy of insurance. 13. LIABILITY. Tenant, consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, shall defend and indemnify Landlord (a) against any damages to property or injuries to or death of any person or persons, including employees or agents of Landlord, and (b) from any claims, demands, suits, actions, or proceedings of any kind, of or by anyone, in any way resulting from or arising out of this Lease Agreement and/or by anyone, in any way resulting from or arising out of this Lease Agreement and/or Tenant's occupancy of the demised premises. 14. DESTRUCTION OF LEASED PREMISES. (a) Partial Destruction. In the event of a partial destruction or damage of the leased premises which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after its occurrence, this Lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Landlord shall repair such damages within sixty (60) days of its occurrence unless prevented from doing so by acts of God, the elements, the public enemy, strikes, riots, insurrection, public health emergencies, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Landlord's reasonable control. (b) Zoning. if the zoning ordinance of the city or municipality in which this property is located make it impossible for the Landlord, using diligent and timely effort, to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its 4 Page 205of764 business on these premises, then such partial destruction shall be treated as a total destruction as provided in the next paragraph. (c) Total Destruction of Business Use. In the event of a destruction or damage of the leased premises, including the parking area (if a parking area is a part of the subject matter of this Lease), so that Tenant is not able to conduct its business on the premises and the damage cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rent pro rata only to the date of such destruction. In the event of such termination of this Lease, Landlord at its option may rebuild or not, according to its own wishes and needs. 15. CONDEMNATION — DISPOSITION OF AWARDS. If the whole or any part of the demised premises is condemned or taken by a competent authority for any public or quasi - public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. If a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 16. TERMINATION OF LEASE. This Lease shall terminate upon expiration of the demised term; or if this Lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, then this Lease will terminate at the expiration of the option term or terms. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) During the last one hundred eighty (180) days of the Lease term, Landlord shall have the right to maintain in the windows or on the building or premises either or both a "For Rent" or "For Sale" sign, and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party provided in this Lease shall be construed as cumulative, and no one of them 5 Page 206 of 764 as exclusive of the others or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. 19. NOTICE AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered certified U.S. mail, return receipt requested, and deposited in a United States mail box. 20. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors and assigns of the parties hereto. 21. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties. 22. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 23. NONAPPROPRIATIONS CLAUSE. Any obligations incurred by the Board of Regents, State of Iowa pursuant to this Lease shall be paid from any funds the Board of Regents, State of Iowa legally has available therefor, and the Board of Regents, State of Iowa covenants to annually budget sufficient amounts to pay its rental obligations hereunder; notwithstanding any other provisions of this Lease, if funds anticipated for the continued fulfillment of this Lease are at any time not forthcoming or insufficient, either through the failure of the Iowa legislature or the Federal government to provide funds or alteration of the program under which funds were provided, then the Board of Regents, State of Iowa shall have the right to terminate this Lease without penalty by giving not less than sixty (60) days' advance written notice documenting the lack of funding. 24.ACCESSIBILITY. Landlord shall maintain the premises in compliance with all applicable State and Federal laws and regulations concerning accessibility by the disabled. If the Tenant is fined for violations of said laws and regulations for areas within the responsibility of the Landlord under the terms of this Lease, Landlord agrees to indemnify and hold harmless the Tenant. 25. RENEWAL OPTION(S). This Lease may be renewed by Tenant for two (2) additional terms of five (5) years each by Tenant's delivery to Landlord of a written notice of intent to renew. The notice shall be submitted at least three (3) months prior to the end of the Lease term then in effect. 6 Page 207 of 764 IN WITNESS THEREOF, the parties hereto have duly executed this Lease — Business Property by their duly authorized representatives as of the date first written above. Ste' -Ll Date TENANT BOARD OF REGENTS, STATE OF IOWA By: Michaeliager Senior VP for Finance and Operations University of Northern Iowa LANDLORD CITY OF WATERLOO, IOWA By: Date Quentin Hart, Mayor Attest: STATE OF IOWA ) ) ss: BLACK HAWK COUNTY ) Kelley Felchle, City Clerk On the day of , 2021, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known. and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted bythe City Council, under Council Action No. of the City Council on the day of , 2021, and that Quentin Hart and Kelley 7 Page 208 of 764 Fetchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) ss: BLACK HAWK COUNTY Notary Public, State of Iowa On this `) day of Pail , 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Michael Hager, to me personally known, who being duly sworn, did say that he is the duly appointed and actively serving Senior VP of Finance and Operations for the University of Northern Iowa, that he was authorized to execute the foregoininstrument by vote of the Board of Regents, State of Iowa at its meeting on the I L\ day of Npck t , 2021, and he acknowledged the execution of the said instrument was his voluntary act and deed and the voluntary act and deed of the Board of Regents, State of Iowa. SARAH JEAN ;RCS COMMISSION i.789516 MY COMM1SSio e EXPIRES APRIL 15, 2024 8 Public, State of Iowa Page 209 of 764 EXHIBIT "A" Those parts of Lots Nos. Two (2), Three (3), Six (6), Seven (7) and Ten (10) in Block No. One (1) in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, lying Northwesterly of the following described line: Beginning at a point an the Northeasterly line of said Block that is Fifteen (15) feet Northwesterly, as measured at right angles, from the center line of the main track of the Chicago and North Western Transportation Company (formerly the Chicago Great Western Railway Company), as said main track is now located; thence Southwesterly parallel with said main track center line to a point distant Nine and Five Tenths (9.5) feet Northwesterly, measured radially, from the center line of the most Northwesterly side track of the Chicago and North Western Transportation Company, as said side track is now located; thence Southwesterly parallel with said side track center line to a point on the Southwesterly line of said Block. 1 Page 210 of 764 Renew UNICUE Lease with Iowa Board of Regents CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as July 1, 2021 and date of public hearing as July 6, 2021, in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and instruct the City Clerk to publish notice. City Council Meeting: 6/7/2021 Prepared: 5/24/2021 ATTACHMENTS: Description Type ❑ emulsions specs Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as July 1, 2021 and date of public hearing as July 6, 2021, in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and instruct the City Clerk to publish notice. Submitted By: Randy Bennett, Public Works Manager Recommend Approval This program consists of cold, in -place mixture of liquid emulsified asphalt with crushed hot mix product. Estimated $215,000.00 205-19-7110-1513 - Local Option Sales Tax Strategy 2.2: To enlist all City departments and staff members in efforts to promote a safer community. Emulsified asphalt is used in our recycled paving program yearly for unimproved streets. Page 212 of 764 VBLIC WORKS City of Waterloo Public Works Division SPECIFICATIONS AND BID PROPOSAL ASPHALT EMULSIONS CITY OF WATERLOO, IOWA PREAMBLE: The undersigned being a corporation/limited partnership existing under the laws of the State of Iowa; a partnership consisting of the following partners: , or an individual doing business as , being familiar with the specifications affecting the cost of this commodity, hereby offers to furnish said commodity in accordance with the conditions and specifications provided herein. SUBMISSION OF BIDS AND OPENING: Sealed bid proposals will be received by the City of Waterloo City Clerk's Office, 715 Mulberry Street, Waterloo, Iowa 50703, until 1:00 pm, local time, on Thursday, the 1st day of July 2021. Any bid submitted after the specified time shall be rejected. Bids will be publicly opened and read aloud at the bid opening in the First Floor Conference Room, City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 at 1:00pm, July 1, 2021. SPECIFICATIONS: The City of Waterloo is seeking competitive price quotes on emulsified asphalt to be used in our recycled asphalt paving program. This program consists of cold, in -place mixing of liquid emulsified asphalt with crushed hot mix product. The in -place mixture is then blade -spread and compacted in place. The bidder guarantees to provide product complying with the Specifications set forth under the conditions outlined in Section 4140 of the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2009, ASTMD-977, or AASHTO M-140, as related. Page 213 of 764 MINIMUM quantities and MAXIMUM quantities are listed below: A. Product Minimum Quantity a. HFMS 2S (Oiling) 1,760 Gallons b. CRS-2P (Seal Coating) 940 Gallons c. CSS-1 Dilute / 3:1 (Fog Sealing) 236 Gallons Maximum 5,000 Gallons 50,000 Gallons 15,000 Gallons B. Measurement The net quantity in gallons will be determined from delivery tickets supplied with each individual truck load. Each truck load shall be delivered with a producer's scale ticket showing gross, tare and net weights converted to net gallons. The Contracting Authority reserves the right to re -weigh any or all trucks at the expense of the contracting authority to verify amounts. Net weights within 0.5% shall remain unadjusted. If the net weight varies more than 0.5%, the destination weight will be used. C. Delivery The quoted price shall include delivery to the City of Waterloo storage facility located at 2200 Commercial Street, Waterloo, Iowa. The City reserves the right to off-load directly from the delivery vehicle onto our distributor or into the City's storage tank at this location, or request placement of tanker from which to make distribution. The City may request placement of storage unit from which to load into distributor. Individual loads may be directed to the actual work site with the corporate limits of Waterloo for off-loading at that location. A total off-loading allowance of not to exceed four (4) hours from the requested delivery time shall be allowed. Any trucking or demurrage for this four-hour, off-loading time shall be included in the unit price for the products. Delivery shall be made by standard semi -tractor tanker load. Deliveries will normally be requested between 7:00am and 3:00pm, Monday through Friday. Delivery time upon receipt of a call for delivery shall not exceed 72 hours. D. Calls for Delivery Calls for delivery shall be made by the City of Waterloo Street Department during normal business hours, Monday through Friday. Calls will be made to the location supplied by the bidder. Notice of changes in the call number or location must be made in writing prior to the effective time of the change. Page 214 of 764 E. Payment Payment will be made within thirty (30) days of receipt of a proper invoice for the material delivered. Invoices should be directed to: City of Waterloo Public Works Division 625 Glenwood Street Waterloo, Iowa 50703 BID PRICES: The bidder proposes to meet or exceed the above specifications for the following price: MINIMUM PRODUCT BID QUANTITY UNIT PRICE TOTAL HFMS-2S 1,760 Gallons $ $ CRS-2P 940 Gallons $ $ DILUTE CSS-1 236 Gallons $ $ MAXIMUM PRODUCT BID QUANTITY UNIT PRICE TOTAL HFMS-2S 5,000 Gallons $ $ CRS-2P 50,000 Gallons $ $ DILUTE CSS-1 15,000 Gallons $ $ REJECT: The City reserves the right to reject any or all bids. CANCELLATION: The successful bidder understands that the Contracting Authority may cancel this Agreement, with thirty (30) days notice, if he/she has knowledge that all conditions as stated in this Bid Proposal have not been fulfilled. Page 215 of 764 The Bidder, having fully read this document, hereby acknowledges that this Bid Proposal completely reflects the total bid as contained herein. Name of Company Address By: (Signature) Telephone Title Date Page 216 of 764 CITY OF WATERLOO Council Communication Resolution approving request of Nicole Karr for a waiver for a concrete driveway, located at 3838 Ranchero Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ DW Waiver 3838 Ranchero Rd Backup Material SUBJECT: Resolution approving request of Nicole Karr for a waiver for a concrete driveway, located at 3838 Ranchero Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. UNPLATTED WLOO WEST E 200 FT W 600 FT S 655 FT SW EXC LEGAL HWYS SEC 1 T 88 R 14 Page 217 of 764 Date: bj Honorable Mayor and City Council City Hall Waterloo, IA 50703 WAIVER Council Persons: 1 hereby request a waiver to the driveway and sidewalk specifications for the construction of a Cc 4u- �� .- driveway or sidewalk located at (concretes or asphalt) 3030 t utc,_ e c) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick), elimination of the sidewalk section duo to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner p Y Signature of Property wner Page 218 of 764 CITY OF WATERLOO Council Communication Resolution approving request of Lori Burns for a waiver for a concrete driveway, located at 920 Midland Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 SUBJECT: Resolution approving request of Lori Burns for a waiver for a concrete driveway, located at 920 Midland Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. REPLAT W 1/2 CUSHMAN HEIGHTS W 1/2 OF FOL DESC COM AT SW COR LOT 5 BLK 1 TH N 148.74 FT TH E 151.01077 FT TH S 148.74 FT TH W TO PT OF BEG Page 219 of 764 CITY OF WATERLOO Council Communication Resolution approving request of Nicholas Shepard for a waiver for a concrete driveway, located at 4864 William Drive, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ DW Waiver 4864 William Dr Backup Material SUBJECT: Resolution approving request of Nicholas Shepard for a waiver for a concrete driveway, located at 4864 William Drive, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. FIRST ADD TO KLINGAMAN KNOLLS LOT 23 & NWLY 1/2 OF VAC MARY ELLEN DR ROW LYING SWLY OF THE SWLY LINE OF WILLIAM DR & EAS E Page 220 of 764 WAIVER Date: C- I W Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at oncr t or asphalt) ye36, y pt6,u Dr, (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. X placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk Is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, �hol(ks 5k-e,vw-ti Ailuteb Printed Name of Property Owner Signature of Property wner Page 221 of 764 CITY OF WATERLOO Council Communication Resolution approving request of Lisa Gates for a waiver for a concrete driveway, located at 121 Pershing Road, with the elimination of the sidewalk section due to inability to meet grade requirements. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 SUBJECT: Resolution approving request of Lisa Gates for a waiver for a concrete driveway, located at 121 Pershing Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: Background Information: Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 121 Pershing Road. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. LAKE PARK ADDITION E 5 FT LOT 36 LOT 37 W 5 FT LOT 38 Legal Descriptions: AND S 5 FT PERSHING BLVD ADJ Page 222 of 764 CITY OF WATERLOO Council Communication Resolution approving award of bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $1,810,800, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description D Letter of Recommendation D Contract D Bonds. D Certificate of Insurance SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Backup Material Backup Material Backup Material Backup Material Resolution approving award of bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $1,810,800, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval Base bid of $1,555,500 including Alternates 1, 2 and 3 bids for a total of $1,810,800 and wait on Alternate No. 4 until future chiller work is complete. Page 223 of 764 Letter of Recommendation MAY 24, 2021 City Council of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 ISG RE: Five Sullivan Brothers Convention Center 2nd Floor Renovation Waterloo City Council, On May 13, 2021, bids were received for the Five Sullivan Brothers Convention Center 2nd Floor Renovation . A total of two bids were received ranging from $1,555,500.00 to $1,690,000.00. The apparent low bidder is Cardinal Construction, Inc.. of Waterloo, Iowa, with a base bid price of $1,555,500.00, and four add alternate prices of: $23,000.00 Add Alternate No. 1 - 216-Corridor Ceiling -Lighting -Diffusers -Other $45,300.00 Add Alternate No. 2 - 215-Serving Pantry + 227-Corridor Ceiling -Lighting -Diffusers -Other $187,000.00 Add Alternate No. 3 - VAV Boxes $467,000.00 Add Alternate No. 4 - ReconditioningAHU-3 + AHU-4 We have confirmed that Cardinal Construction Inc.'s bid is complete and thorough. Therefore, we recommend approval of Cardinal Construction, Inc.'s base bid, together with add Alternates No. 1, 2, and 3 bids for a total of $1,810,800.00 and wait on Alternate No. 4 until the future chiller work is done. Sincerely, Nathan Compton, AIA, CDT Project Manager Nathan.Compton@ISGlnc.com Architecture + Engineering+ Environmental + Planning ISGInc.com Page 224 of 764 OWNER Init. Document A101 - 2017 10,1 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty-sixth day of May in the year Two Thousand Twenty-one (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4311 Fax Number: 319-291-4286 and the Contractor: (Name, legal status, address and other information) Cardinal Construction, Inc. 1246 Martin Road Waterloo, IA 50701 Telephone Number: 319-232-5400 for the following Project: (Name, location and detailed description) Five Sullivan Brothers Convention Center 2nd Floor Renovation, Waterloo, IA. The Architect: (Name, legal status, address and other information) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A101®-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A1018— 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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. Pa1�23dof 764 User Notes: 1 Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ X ] The date of this Agreement. [ ] A date set forth in a notice to proceed issued by the Owner. [ Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Paragraph deleted) [ ] Not later than ( ) calendar days from the date of commencement of the Work. AIA Document A101®— 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 2 registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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. PaQd54Q�f 764 User Notes: yl Init. [ X ] By the following date: Commence Date: Substantial Completion Date: Final Completion Date: July 01, 2021 October 15, 2021 October 29, 2021 § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Eight Hundred Ten Thousand Eight Hundred Dollars and Zero Cents ($ 1,810,800.00), subject to additions and deductions as provided in the Contract Documents. Base Bid: Alt #1 (Add) Alt #2 (Add) Alt #3 (Add) TOTAL CONTRACT SUM $1,555,500.00 23,000.00 45,300.00 187,000.00 $1,810,800.00 § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price Alt #1: To provide and install replacement of ceiling, $23,000.00 lighting, diffusers and other ceiling -hosted items in Room 216-Corridor. Alt #2: To provide and install replacement of ceiling, lighting, diffusers and other ceiling -hosted items in Room 215-Serving Pantry and 227-Corridor. $45,3000.00 Alt #3: Remove and replace VAV boxes and associated equipment and controls. $187,000.00 § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance N/A § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item None listed. Price § 4.4 Unit prices, if any: (Identi the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) AIA Document A1010— 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 3 registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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: Page2224ef 764 Init. Item Units and Limitations Price per Unit ($0.00) None listed. § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any) DIVISION 00 — 00 7300 SUPPLEMENTARY CONDITIONS - ARTICLE 15.1.7 - LIQUIDATED DAMAGES A. In the event that Substantial Completion of the Work has not occurred on or before the date provided on the bid form by the bidder, then commencing on the following day, and continuing for each day or fraction thereof until Substantial Completion of the Work is established, the Contractor shall pay to the Owner, at the sole option of the Owner, the amount of Five Hundred and No/100 Dollars ($500.00) per diem ("Damage Amount"). B. The Contractor and the Owner agree that in the event the Substantial Completion of the Work does not occur on or prior to the date provided on the bid form by the bidder, the Owner will suffer damages in an amount which may, due to the special nature of the Project, the Owner's business and the Owner's reliance upon the Substantial Completion date, be impractical or extremely difficult to ascertain. The Owner and the Contractor agree that the Damage Amount is a reasonable estimate of the damages that the Owner will suffer in the event that Substantial Completion of the Work does not occur on or prior to the Substantial Completion Date. C. Payment of liquidated damages shall be in the form of a Change Order reducing the Contractor's Contract Sum by the amount of the liquidated damages. If the Contractor refuses to sign the Change Order for liquidated damages, the Owner reserves the right to unilaterally reduce the Contract Sum by the amount of the liquidated damages. If the amount of the liquidated damages exceeds the remaining unpaid balance of the Contract, the Contract Sum shall be reduced by the amount of the unpaid balance and the Contractor shall pay the Owner the difference between the liquidated damages and the unpaid balance. § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the Fifteenth (15th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Fifteen (15 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the AIA Document A1016 — 2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 4 registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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: Page22894f 764 Init. various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201TM-2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; . 3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and . 5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five (5%) § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) AIA Document A1016 — 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 5 registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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: Pagf32244of 764 Init. § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Minus no more than 200% of the value of the work not satisfactorily completed. § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Paragraph deleted) ova ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Paragraph deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Contractor 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, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. AIA Document A1016 — 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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: Pag032.:1.,of 764 Init. t § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Paragraph deleted) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Quentin Hart 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4311 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Katy Susong 1246 Martin Road Waterloo, IA 50701 Telephone Number: 319-232-5400 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101 TM-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum. Refer to: Supplementary Instructions to Bidders, Article 7 Performance Bond and Payment Bond (7.03). § 8.5.2 The Contractor shall provide bonds as noted in the Supplementary Instructions to Bidders, Article 7 and ARTICLE 15 Supplementary General Conditions. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: N/A § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: AIA Document A101®— 2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 7 registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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: Pag622640 764 Init. .1 AIA Document A101TM-2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A201TM-2017, General Conditions of the Contract for Construction .3 Drawings Number Title of Drawings exhibits: .4 Specifications Title Exhibit "A" Date 4/16/21 Section Title Date Pages Title of Specifications exhibit: Exhibit "B" 4/16/21 3 .5 Addenda, if any: Number Date Pages Addenda #1 4/30/21 32 Addenda #2 5/07/21 24 Addenda #3 5/11/21 6 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .6 Other Exhibits: N/A (Check all boxes that apply and include appropriate information ident5ing the exhibit where required.) [ ] AIA Document E204TM-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (Paragraph deleted) 7f This Agreement entered into as of the day and year first written . s ove. OWNER (Signature) Quentin Hart, Mayor R (Signature) Ka song, President (Printed name and title) (Printed name and title) AIA Document A101e — 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101 ' and "AIA Contract Documents" are 8 registered trademarks and may not be used without permission. This document was produced by AIA software at 11:18:33 ET on 05/26/2021 under Order No.8114132283 which expires on 07/12/2021, 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. Pagt�a2s�a4c 764 User Notes: Five Sullivan Brothers Convention Center 2"d Floor Renovations Project #20-24695 Exhibit A SHEET NDEX SHEET # SHEET TITLE GENERAL 8G1-10 TITLE SHEET 8G1-21 CODE DATA & CODE DATA PLAN - 1ST FLOOR 8G1-22 CODE DATA PLAN - 2ND FLOOR ARCHITECTURAL 8A1-01 INTERIOR ASSEMBLY PES 8A1-11 DEMOLITION PLANS 8A1-22 SECOND FLOOR PLAN BA1-32 REFLECTED CEILING PLAN 8A1-41 FIRST FLOOR FINISH PLAN 8A1-42 SECOND FLOOR FINISH PLAN & INTERIOR FINISH SCHEDULES 1 8A1-62 SECOND FLOOR SIGNAGE PLAN 8A3-12 BUILDING SECTIONS 8A3-21 WALL SECTIONS & DETAILS 8A3-22 DETAILS 8A5-11 ENLARGED FLOOR PLANS, PLAN DETAILS, & DOOR SCHEDULE 8A6-11 INTERIOR ELEVATIONS STRUCTURAL 8S4-11 SECOND FLOOR ROOF FRAMING PLAN 836-11 FRAMING DETAILS MECHANICAL 8M1-11 SECOND FLOOR HVAC DEMOLITION PLAN 8M1-12 PENTHOUSE MECHANICAL DEMOLITION PLAN - ALTERNATE #4 8M1-21 SECOND FLOOR MECHANICAL PIPING DEMOLITION PLAN 8M2-11 SECOND FLOOR HVAC CEILING PLAN 8M2-12 SECOND FLOOR ABOVE CEILING HVAC PLAN 8M2-13 PENTHOUSE MECHANICAL PLAN - ALTERNATE #4 8M2-21 SECOND FLOOR HYDRONIC PIPING PLAN 8M3-11 MECHANICAL CALLOUTS, SECTIONS, AND ELEVATIONS 8M3-12 MECHANICAL CALLOUTS, SECTIONS, AND ELEVATIONS 8M4-12 HVAC AND HYDRONIC DETAILS 8M5-1 HVAC AND HYDRONIC SCHEDULES ELECTRICAL 8E1-02A - SECOND FLOOR ELECTRICAL DEMOLITION PLAN - AREA A 8E2-12A SECOND FLOOR POWER PLAN - AREA A 8E2-13A PENTHOUSE ELECTRICAL PLAN 8E2-22A SECOND FLOOR LIGHTING PLAN - AREA A 8E2-32A SECOND FLOOR SYSTEMS PLAN - AREA A _ - - ELECTRICAL SYMBOLS, SCHEDULESAND DETAILS - — 8E4-12 8E5-11 PANELBOARD SCHEDULES 8E.5-21 LIGHTING SCHEDULES TECHNOLOGY 8T1-02A SECOND FLOOR TECNOLOGY DEMOLITION PLAN - AREA A 8T2-12A SECOND FLOOR TECHNOLOGY PLAN - AREA A 8T4-11 TECHNOLOGY DETAILS, RISERS, & SCHEDULES Page 233 of 764 SECTION 00 0110 TABLE OF CONTENTS Exhibit "B" PROCUREMENT AND CONTRACTING REQUIREMENTS 2.01 DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS A. 00 0000 - Project Manual Cover B. 00 0105 - Certifications Page C. 00 0110 - Table of Contents D. 00 1113 - Notice of Public Hearing E. 00 2113 - Instructions to Bidders F. 00 3113 - Bidding and Construction Schedule G. 00 4100 - Bid Form 1. Attachment -- Bidder Status Form 2. Attachment -- MBE-WBE Certified Contractors List 3. Attachment -- MBE-WBE - CCO-1 Compliance Form Index 4. Attachment -- MBE-WBE - CCO-1A Contract Compliance Program Policy 5. Attachment -- MBE-WBE - CCO-2 Subcontractors Bid Request Form 6. Attachment -- MBE-WBE - CCO-3 Letter Solicting for Subcontractors 7. Attachment -- MBE-WBE - CCO-4 Pre -Bid Contact Form 8. Attachment -- MBE-WBE - CCO-4A Pre -Bid Contact Information Form Instructions 9. Attachment -- MBE-WBE - CCO-5 Letter of Intent to Bid 10. Attachment -- MBE-WBE - CCO-6 Certificate of Accomplishment 11. Attachment -- Exemption Form - City of Waterloo H. 00 7200 - General Conditions 1. Attachment -- AIA Document A201, 2017 Edition I. 00 7300 - Supplementary Conditions SPECIFICATIONS 3.01 DIVISION 01 -- GENERAL REQUIREMENTS A. 01 2000 - Price and Payment Procedures B. 01 3000 - Administrative Requirements 1. Attachment -- Shop Drawing Submittal Form C. 01 4000 - Quality Requirements D. 01 5000 - Temporary Facilities and Controls E. 01 6000 - Product Requirements 1. Attachment -- Substitution Request Form F. 01 7000 - Execution and Closeout Requirements G. 01 7800 - Closeout Submittals 3.02 DIVISION 02 -- EXISTING CONDITIONS 3.03 DIVISION 03 -- CONCRETE A. 03 3000 - Cast -in -Place Concrete 3.04 DIVISION 04 -- MASONRY 3.05 DIVISION 05 -- METALS A. 05 4000 - Cold -Formed Metal Framing B. 05 7313 - Glazed Decorative Metal Railings 1. Attachment -- Product Data 3.06 DIVISION 06 -- WOOD, PLASTICS, AND COMPOSITES A. 06 1000 - Rough Carpentry Project No. 20-24695 Section 00 0110 - Page 1 of 3 Five Sullivan Brothers - Convention Center 2nd Floor Renovation Page234of764 B. 06 4100 - Architectural Wood Casework 3.07 DIVISION 07 -- THERMAL AND MOISTURE PROTECTION A. 07 8400 - Firestopping B. 07 9200 - Joint Sealants 3.08 DIVISION 08 -- OPENINGS A. 08 1113 - Hollow Metal Doors and Frames B. 08 7100 - Door Hardware 3.09 DIVISION 09 -- FINISHES A. 09 2116 - Gypsum Board Assemblies B. 09 5100 - Acoustical Ceilings C. 09 6500 - Resilient Flooring D. 09 6813 - Tile Carpeting E. 09 7200 - Wall Coverings F. 09 9123 - Interior Painting 3.10 DIVISION 10 -- SPECIALTIES A. 10 1400 - Signage B. 10 2239 - Folding Panel Partitions C. 10 2240 - Folding Panel Pardon Pocket Doors D. 10 2600 - Wall and Corner Protection E. 10 4400 - Fire Protection Specialties 3.11 DIVISION 11 -- EQUIPMENT 3.12 DIVISION 12 -- FURNISHINGS A. 12 3600 - Countertops 3.13 DIVISION 13 -- SPECIAL CONSTRUCTION 3.14 DIVISION 14 -- CONVEYING EQUIPMENT 3.15 DIVISION 21 -- FIRE SUPPRESSION 3.16 DIVISION 22 -- PLUMBING 3.17 DIVISION 23 -- HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC) A. 23 0010 - Basic Mechanical HVAC Requirements B. 23 0130.51 - HVAC Air -Distribution System Cleaning C. 23 0519 - Meters and Gauges for HVAC Piping D. 23 0553 - Identification for HVAC Piping and Equipment E. 23 0593 - Testing, Adjusting, and Balancing for HVAC F. 23 0713 - Duct Insulation G. 23 0719 - HVAC Piping Insulation H. 23 0923 - Direct -Digital Control System for HVAC I. 23 0993 - Sequence of Operations for HVAC Controls J. 23 2113 - Hydronic Piping K. 23 2114 - Hydronic Specialties L. 23 2500 - HVAC Water Treatment M. 23 3100 - HVAC Ducts and Casings N. 23 3300 - Air Duct Accessories O. 23 3319 - Duct Silencers P. 23 3600 - Air Terminal Units Project No. 20-24695 Section 00 0110 - Page 2 of 3 Five Sullivan Brothers - Convention Center 2nd Floor Renovation Page235of764 - Aft Outlets and Inlets - HVAC Air Cleaning Devices - Modular Indoor Central -Station Air -Handling Units 3.18 -- ELECTRICAL 3.19 3.20 3.21 3.22 Q. 23 3700 R. 23 4000 S. 23 7313 DIVISION 26 A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. 26 0010 26 0505 26 0519 26 0526 26 0529 26 0533. 26 0533. 26 0553 26 0583 26 0923 26 0943 26 2416 26 2726 26 2813 26 2816. 26 2816. 26 5100 DIVISION 27 A. 27 1000 B. 27 4000 DIVISION 28 A. 28 1000 B. 28 4600 DIVISION 32 DIVISION 33 - Basic Electrical Requirements - Selective Demolition for Electrical - Low -Voltage Electrical Power Conductors and Cables - Grounding and Bonding for Electrical Systems - Hangers and Supports for Electrical Systems 13 - Conduit for Electrical Systems 16 - Boxes for Electrical Systems - Identification for Electrical Systems - Wiring Connections - Lighting Control Devices - Lighting Control System - Panelboards - Wiring Devices - Fuses 13 - Enclosed Circuit Breakers 16 - Enclosed Switches - Interior Lighting -- COMMUNICATIONS - Structured Cabling - Audio Video Systems -- ELECTRONIC SAFETY AND SECURITY - Access Control - Fire Detection and Alarm -- EXTERIOR IMPROVEMENTS -- UTILITIES END OF SECTION Project No. 20-24695 Section 00 0110 - Page 3 of 3 Five Sullivan Brothers - Convention Center 2nd Floor Renovation Page 236 of 764 Bond No. IAC591832 Document A312TM — 2010 Conforms with The American institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Cardinal Construction, Inc. Merchants Bonding Company (Mutual) 1246 Martin Road P.O. Box 14498 Waterloo, IA 50701-1212 Des Moines, IA 50306-3498 OWNER: (Name, legal status and address) City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: May 26, 2021 Mailing Address for Notices P.O. Box 14498 Des Moines, IA 50306-3498 Amount: $ $1,810,800.00 (One Million Eight Hundred Ten Thousand Eight Hundred And No/100) This document has Important legal consequences. Consultation With an attomey Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: Five Sullivan Brothers Convention Center 2nd Floor Renovation, Waterloo, Iowa (Name and location) BOND Date: May 26, 2021 (Not earlier than Construction Contract Date) Amount: $ $1,810,800.00 (One Million Eight Hundred Ten Thousand Eight Hundred And No/100) Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL Company: Cardinal Con tr . Inc. Signature:. Name Mid Title: (Corporate Seal) (Airy additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: Holmes, Murphy and Associates, LLC 2727 Grand Prairie Parkway Waukee, IA 50263 (515) 223-6800 SURETY Company: Merchants Bo Signature: Name Attorney -in -Fact ompany (Mutu and Title: Dione R. Young OWNER'S REPRESENTATIVE: (Architect, Engh ssr or other party.) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 (Corporate Seal) 8-1852/AS VI0 Page237of764 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner dots not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. lithe Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. lithe Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 6.1 Arrange far the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself; through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Omer and a contractor selected with the Owner's concurrence, to be secured with performance and paymcnt bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surcty shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied Iability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 8.1652./AS W1t) Page 238 of 764 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 •liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common lawbond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 8-1 d52/A8 $flu Page 239 of 764 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: (Corporate Seal) Name and Title: Name and Title: Address Address S-18521AS 6110 Page 240 of 764 Bond No. IAC591832 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) Cardinal Construction, Inc. 1246 Martin Road Waterloo, IA 50701-1212 OWNER: (Name, legal status and address) City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: May 26, 2021 SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) P.O. Box 14498 Des Moines, IA 50306-3498 Mailing Address for Notices P.O. Box 14498 Des Moines, IA 50306-3498 Amount: $ $1,810,800.00 (One Million Eight Hundred Ten Thousand Eight Hundred And No/100) Description: Five Sullivan Brothers Convention Center 2nd Floor Renovation, Waterloo, Iowa (Name and location) BOND Date: May 26, 2021 (Not earlier than Construction Contract Date) Amount $ $1,810,800.00 (One Million Eight Hundred Ten Thousand Eight Hundred And No/100) Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) i, [w,°alydinnal Cori- r-ction, Inc. tsignpture 1$nc apd l+tie: 'r (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: Holmes, Murphy and Associates, LLC 2727 Grand Prairie Parkway Waukee, IA 50263 (515) 223-6800 SURETY Company: Merchants Signature: Name and Title: This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. ng Company (M Dione R. Young Attorney -in -Fact OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 (Corporate Seal) 8-2149/AS d110 Page 241 of 764 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance oldie Construction Contract, thcn the Surety and the Contractor shall have no obligation under this Bond. § 3 if there is no Owner Default under the Construction Contract, the Surcty's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment fumished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to thc Surety (at the address described in Section 13). § 6.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 Ha notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which thc Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Scction 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided under Section 73, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 Page 242 of 764 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf ot; Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract's located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oft, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491A3 WI Page 243 of 764 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required undcr the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: (Corporate Seal) Name and Title: Name and Title: Address Address 8-2149/AS 8110 Page 244 of 764 MERCHANTS BONDING COMPANYTM 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, Dione R. Young their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) 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." 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 Attomey-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 5th day of March , 2020 STATE OF IOWA COUNTY OF DALLAS ss. On this 5th day of March 2020 , 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 b; authority of their resriective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT$ NATIONAL BONDING, INC. President 8. °• y�*O�POR4'�G t . m0?OlaP099:°9y Zr2 -o- Q;O; .• i� • _ -o- •of • x' 2003 .•_0 :t'` 1933 e: By .▪ '.;yv •... ... •:,0. ... ••.el.' . • • • •�•i -'...............• 4PRc POLLY MASON z° 1� r Commission Number 750576 • �, R� * My Commission Expires to wP- 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 26th day of May , 2021 . 4 10 Nq : ••.ONG• ..i •. z : Z _ 0 _ . .to .. ..„ 6, • z. 4.A.-4• •e•Ve-aV..4 t / 1/aeroe ' • j':% 2003 .4) •: y 1933 ••' e; Secretary :. • �lr • .dam ' •J6. . •.,,• .�......... .. ...::.�= •.•�i .•.. • ',a. POA 0018 (1/20) Page 245 of 764 ACORO® MM/DD/YYYY) ( CERTIFICATE OF LIABILITY INSURANCE DATE I (5/2M/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 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 PDCM Insurance P. O. Box 2597 Waterloo IA 50704 INSURED Cardinal Construction Inc 1246 Martin Rd. Waterloo IA 50701 CONTACT NAME: Paige Shanks PHONE INC. No, Ent: 319-234-8888 E-MAILDSS: pshanks@pdcm.com INSURER(S) AFFORDING COVERAGE INSURERA: Travelers FAX No): 319-234-7702 NAIC # 40282 CARDCON-02 INSURER B: Cincinnati Insurance Companies INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: 1489484476 REVISION NUMBER: THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF {MMIDDIYYYY} POLICY EXP IMM/DDPYYY1r) LIMITS B X COMMERCIAL GENERAL LIABILITY OCCUR Y Y EPP0609930 4/1/2021 4/1/2022 EACH OCCURRENCE $1,000.000 - CLAIMS -MADE X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 APPLIES MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT POLICY X jECOT- OTHER: PER: GENERAL AGGREGATE $ 2,000,000 _ X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS _ AUTOS NON -OWNED HIRED AUTOS X_ AUTOS +� EPP0609930 4/1/2021 4/1/2022 COMBINED. SINGLE LIMIT accident) $ 1.000.000 _(Ea BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accidentl. $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPP0609930 4/1/2021 4/1/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X 1 RETENTION $ 0 $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS YNN N / A EWC0609933 4/1/2021 4/1/2022 X 1 STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 below E.L. DISEASE - POLICY LIMIT $ 500,000 A 1 Equipment Inland Marine 140D8488 4/1/2021 4/1/2022 Leased/Rented 250,000 Installation/Riggers 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Project: 5 Sullivan Brothers Convention Center 2nd Floor Renovation The City of Waterloo and Architect along with their respective officers, agency and employees are additional insureds, if required in a written contract, for ongoing & completed operations under general liability on a primary & non-contributory basis with a waiver of subrogation. The carrier will endeavor to provide 30 day notice of cancellation to the City of Waterloo. CERTIFICATE HOLDER City of Waterloo 715 Mulberry Street Waterloo IA 50703 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Page 246 of 764 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents etc., setting date of bid opening as July 1, 2021, and date of public hearing as July 19, 2021, in conjunction with the WFR SCBA Platform Replacement Project, and instruct the city clerk to publish notice. City Council Meeting: 6/7/2021 Prepared: 5/24/2021 ATTACHMENTS: Description Type ❑ SCBA Project Overview Backup Material ❑ Bid Spec Sheet Backup Material SUBJECT: Submitted by: Summary Statement: Expenditure Required: Resolution approving preliminary plans, specifications, bid documents etc., setting date of bid opening as July 1, 2021, and date of public hearing as July 19, 2021, in conjunction with the WFR SCBA Platform Replacement Project, and instruct the city clerk to publish notice. Submitted By: Pat Treloar, Fire Chief Waterloo Fire Rescue is updating and replacing our self-contained breathing apparatus (SCBA) platform. The upgrade will include 44 SCBA, 125 facepieces, 86-4500 psi 45 minute carbon wrapped cylinders, one (1) breathing air compressor, supplied air assembly, and 11-6000 psi cascade cylinders. $460,000 Source of Funds: Bond Funds Page 247 of 764 City of Waterloo, Iowa WFR SCBA PLATFORM REPLACEMENT PROJECT City of Waterloo, Iowa City Clerk • 715 Mulberry Street • Waterloo, Iowa 50703 Scope of Project The City of Waterloo, specifically Waterloo Fire Rescue, requests proposals for the purchase of self- contained breathing apparatus and related components that meet or exceed at a minimum. NFPA 1981- 2019 Edition, NFPA 1982-2019 Edition, NIOSH 42 CFR Part 84, and all other NFPA, NIOSH, CBRN, OSHA, ANSI applicable codes and standards established for the design, manufacturing, use, care and warranty of the products. Equipment and Specifications Waterloo Fire Rescue seeks to purchase forty-four (44) 4500 PSI open circuit, self-contained breathing apparatus and associated equipment. Please use attached specification sheet to verify if your product meets or does not meet the requirement set in the specification. If using the exception please include a description of the exception. Exceptions DO NOT disqualify the bid. Forty (40) SCBA units shall include the following: 1. Harness and back frame assembly for supporting the equipment on the body of the wearer with adjustable waist straps, padded shoulder straps, and swiveling lumbar pad with quick connect regulator, and integrated voice amplification. The harnesses shall be able to be removed from pack and wash so as to reduce contaminants from by-products. 2. Two (2)-4500 PSI 45 Minute Carbon Wrapped Cylinder with standard threaded style NOT quick connect. Cylinders will not be accepted with a manufacture date older than ninety (90) days prior to the date of delivery. (80 total cylinders) 3. One (1)-Full face mask piece assemblies. (40 total Masks) 4. One (1)- Face piece bag (40 total bags) 5. One (1)-Rechargeable battery pack (40 total rechargeable batteries) Four (4) SCBA units shall include the following: 1. Harness and back frame assembly for supporting the equipment on the body of the wearer with adjustable waist straps, padded shoulder straps, and swiveling lumbar pad with quick connect regulator, and integrated voice amplification.. The harnesses shall be able to be removed from pack and wash so as to reduce contaminants from by-products. SCBA's shall have an additional hose and connection for attachment to the breathing air system of Waterloo Fire Rescue's aerial platform apparatus 2. Two (2) 4500 PSI 45 Minute Carbon Wrapped Cylinder with standard threaded style NOT quick connect. Cylinders will not be accepted with a manufacture date older than ninety (90) days prior to the date of delivery. (8 total cylinders) 3. One (1)- Full face mask piece assemblies (4 total Masks) 4. One (1)- Face piece bag (4 total bags) 5. One (1)- rechargeable battery packs (4 total rechargeable batteries) Page 248 of 764 One (1) Breathing Air Compressor shall include the following: 1. One (1)- Compressor that operates to a minimum of 6,000 psig at 20 cfm a. Compressor shall operate on a three (3) phase electrical system b. Bid price shall include installation which includes electrical connections and initial startup of the compressor. Installation shall be plumbed into the existing manifold and fill station of Waterloo Fire Rescue. Additional options to include in proposal 1. 4500 PSI 60 Minute Carbon Wrapped Cylinders with standard threaded style NOT quick connect: Twelve (12) 2. If the pack is using rechargeable battery packs, price for twenty-one (21) spare batteries. 3. Charging units for rechargeable batteries: Nine (9) 4. SCBA hard carrying case: Twelve (12) 5. Rapid Intervention Team Setup: One (1) 6. Supplied air assembly: Four (4) 7. Breathing air cascade cylinder: Eleven (11) 8. Additional face piece with face piece bag: Eight -one (81) BIDDER REQUIREMENTS Each bidder is encouraged to include in their bid any additional information or data to assist the City in fully understanding what the bidder is proposing to provide. Any proposals being submitted that do not represent full compliance with these specification shall so state within the bid proposal. The reference must include the exact nature of the exception. The lack of specific exception take to the specifications listed herein will be deemed to be an assertion that the unit delivered will comply with each requirement. Terms and Conditions Warranty All Base SCBA units shall be covered by a minimum ten (10) year warranty providing protection against defects in materials or workmanship. Electronic components shall also be warrantied for a minimum of (10) years. Please include manufactures warranty statement for base unit SCBA's and optional equipment, this must include replacement battery packs and charging units. Training Successful bidder agrees to provide, at its own expense, a factory -trained instructor for such time as Waterloo Fire Rescue shall require for complete instruction in the SCBA operation, use and field maintenance procedures. Pricing The proposal shall denote unit price for each item requested. Any additional cost shall be listed separately. Proposal price shall include shipping costs. The City of Waterloo is tax exempt, and as such the proposal price shall not include any federal or state taxes. Please include BOTH unit price AND total price for every item listed. Page 249 of 764 Bid Submission Instructions Please submit the formatted excel worksheet entitled "WFR Bid Specification Sheet" followed by a detailed "Letter of Exceptions" listing the areas of non-compliance. The exception referenced must include the specific item number as related to the WFR Bid Specification Sheet. Contact / Questions All questions related to this RFP must be submitted via email to LT Josh Heller at Josh.Heller@waterloo-ia.org by the 27t' day of June, 2021. Receiving of Bids Sealed proposals will be received by the City of Waterloo, City Clerk by no later than 1:00 p.m. on the 1st day of July, 2021. All sealed proposals may be mailed and must include: SEALED PROPOSAL: WFR SCBA Platform Replacement Project Bid City of Waterloo Attn: City Clerk 715 Mulberry Street Waterloo, Iowa 50703 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, July 1st, 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 lst day of July, 2021, at 1:00 p.m., and the proposals will be acted upon at a later date. 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 bid and form of contract at 5:30 p.m. on Monday, July 19t'', 2021, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. Method of Award These specifications have not been established to preclude any bidders. However, the City of Waterloo does not intend to make a decision solely based upon lowest price, but intends to purchase equipment that meets the intentions, and meets the needs of Waterloo Fire Rescue. Date of Delivery Please include expected date of delivery on bid proposal Attachment: Waterloo Fire Rescue Bid Specification Sheet. Page 250 of 764 Item WFR SCBA Platform Replacement Project Bid Sheet Self -Contained Breathing Apparatus DETAILS Company Name: Company Contact: Company Phone: Contact Email: MEETS DOES NOT MEET EXCEPTION 1) The SCBA shall be approved to NIOSH 42 CFR, Part 84 for chemical, biological, radiological, and nuclear protection (CBRN). 2) The SCBA shall be compliant to the NFPA 1981, 2019 Edition, Standard on Open -Circuit Self -Contained Breathing Apparatus for Emergency Services. 3) The SCBA shall be compliant to the NFPA 1982, 2019 Edition (if including optional PASS Device), Standard on Personal Alert Safety Systems. 4) All electronics components shall be approved for Intrinisic Safety under UL 913 Class I, Groups C and D, Class II, Groups E, F, and G, Hazardous locations 5) The facepiece-mounted positive pressure breathing regulator shall supply and maintain air to the facepiece to satisfy the needs of the user at a pressure greater than atmospheric by no more than 1.5 inches of water pressure static. 6) The breathing regulator shall maintain positive pressure during flows of up to 500 standard liters per minute. 7) The breathing regulator shall also meet or exceed a dynamic flow requirement of remaining positive while supplying a minute volume of 160 liters. 8) The breathing regulator shall have attached a medium pressure hose which shall pass through the left shoulder strap to couple to the pressure -reducing regulator mounted to the backframe. 9) The medium -pressure hose shall be equipped with a swivel attachment at the facepiece mounted breathing regulator. 10) The breathing regulator shall have a demand valve to deliver air to the user, activated by the user's respirations. 11) The components of the breathing regulator shall be constructed of materials that are not vulnerable to corrosion. Page 215°t bf 764 12) When doffing the regulator, regulator disengagement shall simultaneously stop air flow and release regulator. 13) The SCBA shall have two end -of -service time indicators. A tactile/audible alarm and a Heads -Up Display. 14) The HUD shall be powered by the SCBA's single power source. 15) The HUD shall be integrated in the facepiece-mounted positive pressure breathing regulator. 16) A lightweight, lumbar support style backframe and harness assembly shall be used to carry the cylinder and valve assembly and the pressure -reducing regulator assembly. 17) The harness assembly shall include a seat -belt type waist belt attachment. 18) The harness assembly shall be machine washable to help with exposure reduction. 19) The harness assembly shall accommodate a waist belt extension. 20) The shoulder harness shall include reflective material to enhance the visibility of the wearer in low -light conditions. 21) The shoulder harness shall include an accessory clip for attaching a flashlight. 22) The shoulder harness shall include a chest strap. 23) The harness design shall have a regulator keeper for storage of the facepiece mounted regulator. 24) The SCBA shall incorporate a RIC / UAC fitting to be compliant with 2019 edition of the NFPA 1981 Self -Contained Breathing Apparatus standard. 25) The PASS device shall be compliant to the NFPA 1982, 2019 Edition Standard on Personal Alert Safety Systems. Page bf 764 26) Operation of the PASS device shall be initiated with the opening of the valve of the SCBA charged cylinder. 27) The PASS system shall operate from the single power source of the SCBA. 28) The PASS device shall notify the user on the HUD when in alarm status. 29) The control module shall be located on the users right shoulder harness. 30) The control module shall include a mechanical pressure gauge that is automatically turned on by opening the cylinder valve. 31) The control module shall contain push buttons for user interface. 32) The SCBA shall have integrated voice amplification. 33) The SCBA shall be powered by alkaline batteries or one lithium -ion battery. 34) The system shall have a battery check function that provides an LED indication of the battery status while the SCBA is not pressurized. 35) Four speciality SCBA shall have an additional hose and connection for attachment to the breathing air system of our aerial platform apparatus. 36) The additional hose and connection shall be stored on the SCBA harness. 37) The unit shall be covered by a warranty providing protection against defects in materials and workmanship. 38) The warranty period shall be for 10 years as long as the SCBA is owned by the original purchaser. FACEPIECE MEETS DOES NOT MEET EXCEPTION Page 2 bf 764 39) The facepiece shall be approved for use with multiple respiratory applications. 40) The full facepiece assembly shall be available in three sizes; Small, Medium, and Large. 41) The full facepiece assembly shall be available with nose cups in three sizes; Small, Medium, and Large. 42) The head harness shall be availble in a five -strap or four -strap configuration. 43) The full facepiece assembly shall include a neck strap. 44) The full facepeice assembly shall be capable of water submersion for cleaning and disinfection. MEETS CYLINDERS DOES NOT MEET EXCEPTION 45) The cylinder shall be manufactured in accordance with DOT specifications with working pressures of 4500 psig. 46) The cylinder shall be available in a 45 minute and 60 minute, duration based on the NIOSH breathing rate of 40 liters per minute. 47) The cylinder shall be available in an approved 15-year life design as defined by the DOT Special Permit 14232. 48) The 60 minute cylinders shall have CGA threaded connection. 49) Delivered cylinders more than 90 days past their manufacture date will not be accepted. 50) Each facepiece shall include a fleece lined storage bag. RAPID INTERVENTION TEAM KIT MEETS DOES NOT MEET EXCEPTION Page 2tifbf 764 51) RIT assembly shall include a CGA connection to a 4500 psig 60 minute supply cylinder. 52) RIT assembly shall include a hose with a RIT fitting to connect to the RIT connection on the SCBA of a trapped firefighter. MEETS SUPPLIED AIR ASSEMBLY DOES NOT MEET EXCEPTION 53) The supplied air assembly shall allow the connection of an external air supply. 54) The supplied air assembly shall include a 10 minute carbon rescue cylinder. 55) The supplied air assembly shall contain the same facepiece mounted positive pressure breathing regulator as the other SCBA. MEETS BREATHING AIR COMPRESSOR DOES NOT MEET EXCEPTION 56) Compressor shall operate to a minimum of 6000 psig at 20 cfm. 57) Compressor shall operate on a 3 phase electrical system. 58) Bid price shall include installation and intitial startup of the compressor. 59) The compressor shall be plumbed into our existing manifold and fill station. MEETS BREATHING AIR SYSTEM CASCADE CYLINDERS DOES NOT MEET EXCEPTION 60) Cascade cylinders shall be 6000 psi rated DOT cylinders. 61) Cascade cylinders shall include valves. Page 2 bf 764 BID PRICING FOR: ITEM QTY Unit Price Total Price SCBA Harness Assembly 40 $ - SCBA Harness Assembly with Aerial Ladder connection 4 $ - 4500 PSI 60 minute cylinder 10 $ - SCBA Facepiece (Sizes to be determined at a later date) 81 $ - SCBA Facepiece bag 81 $ - SCBA hard case 12 $ - Spare Rechargeable Batteries 18 $ - Battery Chargers 9 $ - Rapid Intervention Team Setup 1 $ - Supplied Air Assembly 4 $ - Breathing Air Compressor 1 $ - Breathing air cascade cylinders 7 $ - Bid Total Expected date of deliver: $ Page igdbf 764 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of $1,516.95, in conjunction with the FY 2021 Leisure Services Chemical Storage Building Apron Paving, Contract No. 1039, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Cont 1039_Final Qty Summary Backup Material SUBJECT: Submitted by: Summary Statement: Source of Funds: Motion approving Final Quantity Summary for a net increase of $1,516.95, in conjunction with the FY 2021 Leisure Services Chemical Storage Building Apron Paving, Contract No. 1039, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net increase to the total project cost. Leisure Services funds Page 257 of 764 CITY OF WATERLOO. IOWA FINAL QUANTITY SUMMARY PROJECT: F.Y. 2021 LEISURE SERVICES CHEMICAL STORAGE BUILDING APRON PAVING CONTRACT NO. 1039 Date Prepared: May 11, 2021 AMOUNT: $1,516.95 INCREASE TO: B & B BUILDERS AND SUPPLY , Contractor You are hereby ordered to perform the following extra work on your contract dated November 9, 2020. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As -built quantities varied for some bid items C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items, See attached summary. TOTAL INCREASE $1,516.95 BY: B & B BUILDERS AND SUPPLY Mayor Date CONTRACTOR ATTEST: City Clerk BY: g i? 65u TITLE: Ow wit 191dM 2d a Date Date APPROVED: eity Engineer FINAL QTY. SUMMARY Cont #1039 Sheet 1 of 1 Page 258 of 764 COST c,4 0 fal 0 , (232.20)1 ci'l \c) o, q. oo 4. cr, 4-) '6' — kel .- 11 1NCR/DECR 1 II 1 I I .. ,1 QUANTITY 635.7 1.0 1.0 - 5 C ! $ 32,587.09 11: :C0r , CONTRACT 1039 - LEISURE SERVICES CHEMICAL STORAGE BUILDING APRON PAVING I TOTAL PLAN QUANTITY 640 220 IIN.-A-'I,,' 1 . _.. B&B BUILDERS 1JNIT PRICE 740.00 54.00 0 0 6 6 ,__, Gil trl c,1 0 0 co6 kr, ,..., cr4 54.00 r-- CA N 01 54.00 1111111 ORIGINAL CONTRACT1 PREAUTHORIZATION 4-5-21 ** QUANTITY SUMMARY INCREASE FINAL CONTRACT AMOUNT ** TOTAL PREAUTHORIZATION WAS FOR $21,000.00 11 FINAL QUANTITY SUMMARY DESCRIPTION BASE BID EXCAVATION, CLASS 10 2 PAVEMENT, PCC, CSUD, 6.0" 3 I MOBILIZATION 4 COLD WEATHER PAVING/PROTECTION • ALTERNATE 5 :EXCAVATION, CLASS 10 6 PAVEMENT, PCC, CSUD, 6.0" ADD ON 'EXCAVATION, CLASS 10 PAVEMENT, PCC, CSUD, 6.0" TOTAL INCREASE PAYMENTS TO CONTRACTOR ESTIMATE NO. I ESTIMATE NO. 2 ESTIMATE NO. 3 ESTIMATE NO. 4- RETAINAGE TOTAL PAID CONTRACTOR pa E, Page 259 o 764 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by B & B Builders and Supply, of Waterloo, Iowa, in the amount of $91,759.67, in conjunction with the FY 2021 Leisure Services Chemical Storage Building Apron Paving Project, Contract No. 1039, and receive and file a two-year maintenance bond. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Cont 1039_Maintenance Bond Backup Material SUBJECT: Submitted by: S ummary S tatement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by B & B Builders and Supply, of Waterloo, Iowa, in the amount of $91,759.67, in conjunction with the FY 2021 Leisure Services Chemical Storage Building Apron Paving Project, Contract No. 1039, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer B & B Builders and Supply has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Leisure Services funds Page 260 of 764 MERCHANT BONDING COMPANY, Merchants Bonding Company (Mutual) P.O. Box 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That B & B Builders & Supply Bond No.IAC591072 of 5728 Sierra Drive, Waterloo, IA 50701 as Principal, and the Merchants Bonding Company (Mutual) as Surety are held and firmly bound unto the City of Waterloo City of Waterloo in the penal sum of Ninety One Thousand Seven Hundred Fifty Nine Dollars and 671100 ($91,759.67 ) 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 10th day of May , 2021 WHEREAS, the Principal entered into a certain contract, dated the day of with the City of Waterloo 715 Mulberry Street,_ Waterloo, IA 50703 to furnish all the material and labor necessary for the construction of F.Y. 2021 Leisure Services Chemical Building Apron Paving; Contract No. 1039 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 two (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 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 two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance 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. B & B Builders & Supply Principal By ('01rr c� Approved By Mercha s 3on+dinra _C By {.! ll Abi ail Mbh CON 0304 (2/15) {i]7tc alb) I, Att ne -in-Fact Page 261 of 764 MERCHANTS 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, Abigail R. Mohr their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and ail 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. Surety Bandit: IAC 591072 Principal: B & B Builders & Supply Obligee: City of Waterloo 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 MerchantsNational 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." 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 feast thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of May, 2021. .... ..�'OiN �r''' 7. 2003 ' • D: t STATE OF IOWA •"""""`*�' COUNTY OF DALLAS ss. On this 10th day of May 2021 , before me appeared Larry Taylor, 10 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 seats 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. IERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING. INC. By POLLY MASON 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 POA 0018 (1/20) .....r.rrr.. . • • • • •.. ro 303 0% moo; .z;:a q' 9 a�,/c► ' 1 . • 'des'' : ea Z -0- t:d..lt= -0- 0•,.; *c3`, 2003 ,,= • y;• 1933 , • '•.dui• .....sue.. . 6i ,••`:•a�• .,,.iy• •.�,,. ••.ty�•* •....."...• 10th day ofMay, 2021. Secretary Page 262 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $1,336,269 plus up to $10,000 in closing costs in San Marnan Urban Renewal Area Tax Increment Financing funds for the acquisition of property for future development. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description ❑ TIF Advance - San Marnan L& Prop Acq ❑ Internal Advance L&H Property Acq FYE21 SUBJECT: Submitted by: Expenditure Required: Source of Funds: Alternative: Background Information: Type Backup Material Backup Material Resolution approving the use of not to exceed $1,336,269 plus up to $10,000 in closing costs in San Marnan Urban Renewal Area Tax Increment Financing funds for the acquisition of property for future development. Submitted By: Michelle Weidner, Chief Financial Officer Not to exceed $1,346,269. Tax increment in San Marnan Urban Renewal Area. The City could use general obligation bonds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 263 of 764 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: June 7, 2021 HART Prepared: May 26, 2021 COUNCIL SUBJECT: Approval of use of Tax Increment Funds for development in MEMBERS the San Marnan Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer MARGARET KLEIN Wards Recommended City Council Action: Planning has requested that a resolution authorizing the use of San Marnan Urban Renewal Area Tax Increment JONATHAN Financing funds for the acquisition of property and exchange of property be approved in GRIEDER the amount of $1,336,269 plus up to $10,000 in closing costs. Ward 2 PATRICK Summary Statement: MORRISSEY Ward3 Expenditure Required: Not to exceed $1,346,269 JEROME Source of Funds: Tax Increment in San Marnan Urban Renewal AMOS, JR. Area Ward 4 RAY Policy Issue: N/A FEUSS Alternative: Ward 5 SHARON Background Information: Under current Tax Increment Financing (TIF) law, in JUON order to make payments for this project from a tax increment financing district without At -Large issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing DAVE Fund. The enclosed resolution format has been drafted by our bonding attorney for that BOESEN At -Large purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 264 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE SAN MARNAN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the San Marnan Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the San Marnan Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2021-289 adopted on May 3, 2021, approved and authorized an exchange agreement and assignment of real estate contract with L&H Farms, Ltd. for the acquisition of 28.499 acres of land in the amount of $1,336,269 plus up $10,000 in closing costs for the acquisition of property and exchange of property in the San Marnan TIF District (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $1,346,269 including closing costs. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4956 there has been established the San Marnan Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the San Marnan Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 265 of 764 Section 2. It is hereby directed that up to $1,346,269 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk 2 Mayor Page 266 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 267 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $120,000, for property acquisition located generally in the Rath Urban Renewal District. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Rath Prop Acq 5 Bees Council Comm Backup Material ❑ Internal Advance Rath Prop Acq 5 Bees Backup Material Resolution approving the use of Rath Urban Renewal Area Tax Increment SUBJECT: Financing District funds, in an amount not to exceed $120,000, for property acquisition located generally in the Rath Urban Renewal District. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Rath Area Tax Increment Financing funds for property acquisition located generally in the Rath Urban Renewal District. Expenditure Required: Not to exceed $120,000. Source of Funds: Tax increment in the Rath Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 268 of 764 Mayor QUENTIN HART COUNCIL MEMBERS CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 7, 2021 Prepared: May 26, 2021 Dept. Head Signature: Michelle C. Weidner Number of Attachments: 1 MARGARET SUBJECT: Approval of use of Tax Increment Funds for KLEIN development in the Rath Tax Increment Financing District Ward 1 JONATHAN Submitted by: Michelle C. Weidner, Chief Financial Officer GRIEDER Ward 2 PATRICK Recommended City Council Action: Planning has requested that the City Council MORRISSEY adopt a resolution authorizing the use of Rath Urban Renewal Area Tax Increment Financing Ward3 funds for an economic development grant for the construction/rehabilitation of property generally located in the Rath TIF district in the amount of $120,000. JEROME AMos, JR. Summary Statement: Ward 4 Expenditure Required: Not to exceed $120,000 RAY FEUSS Source of Funds: Tax Increment in Rath Urban Renewal Area Ward 5 Policy Issue: N/A SHARON NON Alternative: At -Large DAVE Background Information: Under current Tax Increment Financing (TIF) law, in order to BOESEN make payments for this project from a tax increment financing district without issuing bonds, At -Large the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 269 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE RATH URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Rath Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the construction/rehabilitation of commercial buildings; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-530 adopted on July 13, 2020, approved and authorized execution of a Development and Minimum Assessment Agreement with 5Bees, LLC, for the construction/rehabilitation of four phases of commercial building projects, with a grant of $120,000 for the multiple phases (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $120,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4697 there has been established the Rath Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Rath Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $120,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital -1- Page 270 of 764 Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 271 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 272 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $327,736.50, for the construction and provision of electric lines along Leversee Road in conjunction with the Waterloo Air and Rail Park in the MidPort area. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description u MidAmerican Electric Lines Council Comm u Internal Advance MidAmerican SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Type Backup Material Backup Material Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $327,736.50, for the construction and provision of electric lines along Leversee Road in conjunction with the Waterloo Air and Rail Park in the MidPort area. Submitted By: Michelle Weider, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the construction of electric lines in the MidPort area. Not to exceed $327,736.50. Tax increment in the East Waterloo Unified Urban Renewal TIF District. The City could use general obligation bonds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 273 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Tax Increment Financing funds to pay MidAmerican Energy Company for the construction and provision of electric lines along Leversee Road in conjunction with the Waterloo Air and Rail Park within the Midport Industrial Park in an amount not to exceed $327,736.50. Summary Statement: Expenditure Required: Not to exceed $327,736.50 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal District Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 274 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Midport) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area: and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-841 adopted on November 17, 2020, approved and authorized an Electric Distribution System proposal with MidAmerican Energy Company in the amount of $327,736.50 for the construction and provision of electric lines along Leversee Road, in conjunction with the Waterloo Air and Rail Park located generally in the East Waterloo Unified Urban Renewal Area, which property will be included in the future development of the area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $327,736.50. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1.Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page275of764 Section 2. It is hereby directed that an amount not to exceed $327,736.50 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 276 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 277 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $368,630, in conjunction with the Waterloo Regional Airport Water Main Improvements Phase 1 Project, in the MidPort area. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Water Main Impr Phase 1 Council Comm Backup Material ❑ TIF Internal Advance Water Main Impr Phase 1 Backup Material Resolution approving the use of East Waterloo Unified Urban Renewal SUBJECT: Area Tax Increment Financing District funds, in an amount not to exceed $368,630, in conjunction with the Waterloo Regional Airport Water Main Improvements Phase 1 Project, in the MidPort area. Submitted by: Submitted By: Michelle Weider, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds to construct the Waterloo Regional Airport Water Main Improvements Phase 1 project in the MidPort area. Expenditure Required: Not to exceed $368,630. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 278 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Tax Increment Financing funds for contracts with Midwest Concrete, Inc. and AECOM Technical Services, Inc. in conjunction with the Waterloo Regional Airport, Water Main Improvements Phase I project within the Midport Industrial Park in an amount not to exceed $368,630. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $368,630 Tax Increment in East Waterloo Unified Urban Renewal District N/A Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 279 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Midport) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area: and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-712 adopted on September 21, 2020, approved and authorized a contract with Midwest Concrete, Inc. in the amount of $254,230 and by Resolutions 2020-309 and 2020-788, approved and authorized professional services agreements with AECOM Technical Services, Inc. in the amount of $89,400 in conjunction with the Waterloo Regional Airport, Water Main Improvements Phase I project, located generally in the East Waterloo Unified Urban Renewal Area, which property will be included in the future development of the area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $368,630. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1.Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Page 280 of 764 Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $368,630 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 281 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 282 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $1,416,000, for the Leversee Road Sanitary Sewer project in the MidPort area. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type u TIF Advance Leversee Sewer Council Comm Backup Material u TIF Advance Leversee Sewer Backup Material Resolution approving the use of East Waterloo Unified Urban Renewal SUBJECT: Area Tax Increment Financing District funds, in an amount not to exceed $1,416,000, for the Leversee Road Sanitary Sewer project in the MidPort area. Submitted by: Submitted By: Michelle Weider, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the Leversee Road Sanitary Sewer project in the MidPort area. Expenditure Required: Not to exceed $1,416,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 283 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Tax Increment Financing funds for a contract with Pirc-Tobin Construction, Inc. and services with Clapsaddle-Garber in conjunction with the Leversee Road sanitary sewer and water main improvements project within the Midport Industrial Park in an amount not to exceed $1,416,000. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $1,416,000 Tax Increment in East Waterloo Unified Urban Renewal District N/A Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 284 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Midport) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area: and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-508 adopted on July 13, 2020, approved and authorized a contract with Pirc-Tobin Construction, Inc. in the amount of $1,300,000 and by Resolution 2020-559 dated July 20, 2020, approved and authorized a professional services agreement with Clapsaddle-Garber Associates, Inc. in the amount of $116,000 and in conjunction with the Leversee Road sanitary sewer and water main improvements project, located generally in the East Waterloo Unified Urban Renewal Area, which property will be included in the future development of the area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $1,416 000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1.Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Page285of764 Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $1,416,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 286 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 287 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $700,000, for the Leversee Road Lift Station Project, in the MidPort area. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ Leversee Lift Station TIF Adv Council Comm Backup Material ❑ TIF Advance Leversee Lift Station Backup Material Resolution approving the use of East Waterloo Unified Urban Renewal SUBJECT: Area Tax Increment Financing District funds, in an amount not to exceed $700,000, for the Leversee Road Lift Station Project, in the MidPort area. Submitted by: Submitted By: Michelle Weider, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the construction of a sewer lift station in the MidPort area. Expenditure Required: Not to exceed $700,000.00 Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 288 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Tax Increment Financing funds for contracts with Arends Excavating, and Clapsaddle-Garber in conjunction with the Leversee Road lift station project within the Midport Industrial Park in an amount not to exceed $700,000. Summary Statement: Expenditure Required: Not to exceed $700,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal District Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 289 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Midport) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area: and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-911 adopted on December 28, 2020, approved and authorized a contract with Arends Excavating, in the amount of $588,788, by Resolution 2021- 020 dated January 19, 2021, approved and authorized a professional services agreement with Clapsaddle-Garber Associates, Inc. in the amount of $108,000, in conjunction with the FY21 Leversee Road lift station project, located generally in the East Waterloo Unified Urban Renewal Area, which property will be included in the future development of the area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $700,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1.Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Page 290 of 764 Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $700,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 291 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 292 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $645,000, for the WARP Drive Construction Project, in the MidPort area. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ WARP Drive Constr Council Comm Backup Material ❑ TIF Internal Advance WARP Drive Constr Backup Material Resolution approving the use of East Waterloo Unified Urban Renewal SUBJECT: Area Tax Increment Financing District funds, in an amount not to exceed $645,000, for the WARP Drive Construction Project, in the MidPort area. Submitted by: Submitted By: Michelle Weider, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for Warp Drive construction in the MidPort area. Expenditure Required: Not to exceed $645,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 293 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Tax Increment Financing funds for contracts with Baker Enterprises, Inc, and Clapsaddle-Garber in conjunction with the Warp Drive RISE project within the Midport Industrial Park in an amount not to exceed $645,000. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $645,000 Tax Increment in East Waterloo Unified Urban Renewal District N/A Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 294 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Midport) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area: and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-606 adopted on August 17, 2020, approved and authorized a contract with Baker Enterprises, Inc. in the amount of $869,439 with an additional $29,000 in change orders with , and by Resolution 2020-558 dated July 20, 2020, approved and authorized a professional services agreement with Clapsaddle-Garber Associates, Inc. in the amount of $125,000 in conjunction with the Warp Drive RISE project located generally in the East Waterloo Unified Urban Renewal Area, which property will be included in the future development of the area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $645,000 funded with tax increment financing funds. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1.Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban -1- Page295of764 Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $645,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 296 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 297 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $230,000, for a grant to JSA Development, LLC for the redevelopment of the properties located at 704-706 Jefferson Street and 301-307 West Fifth Street. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type u TIF Advance JSAAdv Council Comm Backup Material u TIF Internal Advance JSA 704 706 Jefferson Backup Material Resolution approving the use of Downtown Urban Renewal Area Tax SUBJECT: Increment Financing District funds, in an amount not to exceed $230,000, for a grant to JSA Development, LLC for the redevelopment of the properties located at 704-706 Jefferson Street and 301-307 West Fifth Street. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Downtown Renewal Area Tax Increment Financing funds for a grant to JSA Development, LLC for the redevelopment of the properties at 704-706 Jefferson Street. and 307-307 West Fifth Street. Expenditure Required: Not to exceed $230,000. Source of Funds: Tax increment in the Downtown Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 298 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Downtown Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that a resolution authorizing the use of Downtown Urban Renewal Area Tax Increment Financing funds for an economic development grant of $230,000 to JSA Development,LLC for the rehabilitation of 704-706 Jefferson Street and 301-307 West Fifth Street in the Downtown TIF District be approved. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $230,000 Tax Increment in Downtown Urban Renewal Area N/A Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 299 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property and economic development grants to developers for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-794 adopted on October 26, 2020, approved and authorized execution of a development agreement with JSA Development LLC including an economic development grant of $230,000 for the rehabilitation of 704-706 Jefferson Street and 301- 307 West Fifth Street located in the Downtown Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $230,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5249 there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 300 of 764 Section 2. It is hereby directed that amounts not to exceed $230,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk 2 Mayor Page 301 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL City Clerk, Waterloo, Iowa Page 302 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, for a contract with Advanced Environmental Testing and Abatement, Inc., in an amount not to exceed $127,000, for asbestos abatement services for a property located at 100 East Ninth Street. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type TIF Adv Downtown Asbestos Abatement Council Backup Material Comm u Internal TIF Advance Adv Env Downtown Backup Material Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, for a contract with Advanced SUBJECT: Environmental Testing and Abatement, Inc., in an amount not to exceed $127,000, for asbestos abatement services for a property located at 100 East Ninth Street. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Downtown Renewal Area Tax Increment Financing funds for a contract with Advanced Environmental Testing and Abatement, Inc. for asbestos abatement services for the property located at 100 East Ninth Street. Expenditure Required: Not to exceed $127,000. Source of Funds: Tax increment in the Downtown Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 303 of 764 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: June 7, 2021 HART Prepared: May 26, 2021 Dept. Head Signature: Michelle C. Weidner COUNCIL Number of Attachments: MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large SUBJECT: Approval of use of Tax Increment Funds for development in the Downtown Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that a resolution authorizing the use of Downtown Urban Renewal Area Tax Increment Financing funds for asbestos abatement services with Advanced Environmental Testing and Abatement, Inc. in the amount of $127,000 for the property located at 100 East Ninth Street in the Downtown TIF District be approved. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $127,000 Tax Increment in Downtown Urban Renewal Area N/A Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 304 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property and economic development grants to developers for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2020-666 adopted on September 8, 2020, approved and authorized a contract with Advanced Environmental Testing and Abatement, Inc. in the amount of $127,000 to provide asbestos abatement services for a property located at 100 East Ninth Street in the Downtown Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed 127,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5249 there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 305 of 764 Section 2. It is hereby directed that amounts not to exceed $127,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk 2 Mayor Page 306 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL City Clerk, Waterloo, Iowa Page 307 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $31,400 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for asbestos abatement services. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ T IF Adv Adv Environmental Asbestos Abate Council Backup Material Comm ❑ Internal Advance T IF Adv Env Asbestos Abatement Backup Material SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Resolution approving the use of not to exceed $31.400 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for asbestos abatement services. Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for asbestos abatement services. Not to exceed $31,400. Tax increment in the East Waterloo Unified Tax Increment Financing District. The City could use general obligation bonds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 308 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for a contract with Advanced Environmental Testing and Abatement, Inc. to provide asbestos abatement services for various properties located in the East Waterloo Unified (Logan) TIF district in an amount not to exceed $31,400. Summary Statement: Expenditure Required: Not to exceed $31,400 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 309 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Logan) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area; and WHEREAS, in furtherance thereof the City Council, has heretofore, by Resolution 2020-666 adopted on September 8, 2020, approved and authorized a contract with Advanced Environmental Testing and Abatement, Inc. in the amount of $31,400 to provide asbestos abatement services for 115 Shilliam and 2127 East 4th (former St. Mary's building) located in the East Waterloo (Logan) Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $31,400. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Page 310 of 764 Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that $31,400 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 311 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2020. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 312 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $52,850 for property demolition services for various properties. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ TIF Adv Lansing Demo Council Comm Backup Material ❑ Internal TIF Advance Lansing Demo Backup Material Resolution approving the use of East Waterloo Unified (Logan Area) Urban SUBJECT: Renewal Area Tax Increment Financing funds in an amount not to exceed $52,850 for property demolition services for various properties. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified (Logan area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $52,850 for property demolition services for the property located at 115 Sumner. Expenditure Required: Not to exceed $52,850. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 313 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for a contract with Lansing Brothers Construction Company to provide property demolition services for 115 Sumner located in the East Waterloo Unified (Logan) TIF district in an amount not to exceed $52,850. Summary Statement: Expenditure Required: Not to exceed $52,850 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 314 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Logan) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area; and WHEREAS, in furtherance thereof the City Council, has heretofore, by Resolution 2020-890 adopted on December 14, 2020, approved and authorized a contract with Lansing Brothers Construction Company, Inc. in the amount of $52,850 to provide property demolition services for the property at 115 Sumner located in the East Waterloo (Logan) Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $52,850 for the property at 115 Sumner. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 315 of 764 Section 2. It is hereby directed that $52,850 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk 2 Mayor Page 316 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2020. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 317 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $199,900 for property demolition services for a property located at 120 Center Street. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ TIF Adv Schrader Excavating Council Comm Backup Material ❑ Internal TIF Advance Schrader Excavating Backup Material Resolution approving the use of East Waterloo Unified (Logan Area) Urban SUBJECT: Renewal Area Tax Increment Financing funds in an amount not to exceed $199,900 for property demolition services for a property located at 120 C enter Street. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified (Logan area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $199,900 for property demolition services at 120 Center Street. Expenditure Required: Not to exceed $199,900. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 318 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for a contract with Schrader Excavating & Grading Co. to provide property demolition services for 120 Center Street located in the East Waterloo Unified (Logan) TIF district in an amount not to exceed $199,900. Summary Statement: Expenditure Required: Not to exceed $199,900 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 319 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Logan) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area; and WHEREAS, in furtherance thereof the City Council, has heretofore, by Resolution 2020-890 adopted on September 8, 2020, approved and authorized a contract with Schrader Excavating & Grading Co. in the amount of $129,900 with subsequent change order approved in the amount of $70,000 to provide property demolition services for the property at 120 Center Street located in the East Waterloo (Logan) Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $129,900 for the property at 120 Center Street. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Page 320 of 764 Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that $199,900 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk -2 Mayor Page 321 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2020. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 322 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $60,000 for demolition services for the property at 508 Bratnober Street. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ TIF Adv Earth Services Demo Council Comm Backup Material ❑ Internal Adv TIF Earth Services Demo Backup Material Resolution approving the use of East Waterloo Unified (Logan Area) Urban SUBJECT: Renewal Area Tax Increment Financing funds in an amount not to exceed $60,000 for demolition services for the property at 508 Bratnober Street. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified (Logan area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $60,000 for demolition services for the property located at 508 Bratnober. Expenditure Required: Not to exceed $60,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 323 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for a contract with Earth Services and Abatement LLC to provide property demolition services for 508 Bratnober located in the East Waterloo Unified (Logan) TIF district in an amount not to exceed $60,000. Summary Statement: Expenditure Required: Not to exceed $60,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 324 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Logan) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area; and WHEREAS, in furtherance thereof the City Council, has heretofore, by Resolution 2020-847 adopted on November 23, 2020, approved and authorized a contract with Earth Services and Abatement LLC in the amount of $128,015 to provide property demolition services for various properties located in the East Waterloo (Logan) Urban Renewal Area (the"Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $60,000 for the property located at 508 Bratnober. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 325 of 764 Section 2. It is hereby directed that $60,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk 2 Mayor Page 326 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2020. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 327 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $5,000 for an economic development grant to Iowa Heartland Habitat for Humanity for property rehabilitation for a property located in the East Waterloo Unified (Logan) TIF district. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ TIF Logan Habitat Grant Council Comm Backup Material u TIF Internal Advance Logan Habitat Grant Backup Material Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed SUBJECT: $5,000 for an economic development grant to Iowa Heartland Habitat for Humanity for property rehabilitation for a property located in the East Waterloo Unified (Logan) TIF district. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified (Logan area) Urban Renewal Area Tax Increment Recommended Action: Financing funds in an amount not to exceed $5,000 for an economic development grant to Iowa Heartland Habitat for Humanity for property rehabilitation Expenditure Required: Not to exceed $5,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 328 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for an economic development grant to Iowa Heartland Habitat For Humanity for property rehabilitation for property located in the East Waterloo Unified (Logan) TIF district, in an amount not to exceed $5,000. Summary Statement: Expenditure Required: Not to exceed $5,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 329 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Logan) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area; and WHEREAS, in furtherance thereof the City Council, has heretofore approved and authorized an economic development grant for Iowa Heartland Habitat For Humanity in the amount of $5,000, as reimbursement for costs of demolition and rehabilitation for property located in the East Waterloo (Logan) Urban Renewal Area (the"Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $5,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 330 of 764 Section 2. It is hereby directed that $5,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk 2 Mayor Page 331 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2020. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 332 of 764 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $145,000 in conjunction with platting, street design, and overall layout for development in the North Crossing area. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ North Crossing Area Design Council Comm Backup Material ❑ TIF Internal Advance North Crossing Design Backup Material Resolution approving the use of East Waterloo Unified (Logan Area) Urban SUBJECT: Renewal Area Tax Increment Financing funds in an amount not to exceed $145,000 in conjunction with platting, street design, and overall layout for development in the North Crossing area. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified (Logan area) Urban Renewal Area Tax Increment Recommended Action: Financing funds in an amount not to exceed $145,000 in conjunction with platting, street design, and overall layout for development in the North Crossing area. Expenditure Required: Not to exceed $145,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 333 of 764 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 7, 2021 May 26, 2021 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for development in the East Waterloo Unified (Logan) Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified (Logan) Urban Renewal Tax Increment Financing funds for a contract with Robinson Engineering Company in conjunction with platting, street design, and overall layout for development in the North Crossing area located in the East Waterloo Unified (Logan) TIF district in an amount not to exceed $145,000. Summary Statement: Expenditure Required: Not to exceed $145,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 334 of 764 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Logan) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the area; and WHEREAS, in furtherance thereof the City Council, has heretofore, by Resolution 2021-222 adopted on April 5, 2021, approved and authorized a contract with Robinson Engineering Company in the amount of $145,000 in conjunction with platting, street design, and overall layout for development in the North Crossing area located in the East Waterloo (Logan) Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $145,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 335 of 764 Section 2. It is hereby directed that $145,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of June, 2021. ATTEST: City Clerk 2 Mayor Page 336 of 764 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2020. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 337 of 764 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, in conjunction with the 40th Anniversary Celebration event, to be held in the church parking lot located at 3622 Hammond Avenue, on June 13, 2021 from 9:30 a.m. - 1:30 p.m., including music and the use of a PA system. City Council Meeting: 6/7/2021 Prepared: 5/27/2021 ATTACHMENTS: Description Type ❑ Noise Variance - Anniversary Celebration Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, in conjunction with the 40th Anniversary Celebration event, to be held in the church parking lot located at 3622 Hammond Avenue, on June 13, 2021 from 9:30 a.m. - 1:30 p.m., including music and the use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 338 of 764 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: {f [�c.D A -cue:. uN3A..1 e- APPLICANT'S ADDRESS: 3 6, �,6 (NOs 4 APPLICANT'S PHONE #: , 1 , - a 3 5 ANTICIPATED DATE OF VARIANCE: lQ k 1 3-1 NAME OF EVENT: IAb a c ' 6 i,Y,, •J cdz-S 1 , TIMES OF DAY OF VARIANCE: 9. 9 `3 c? ,rv\ — \ p e GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. — e iaL `: . Se lac � , 1 G,. 1 ic).- S `.rye,^Yc;in,t Ot r-r Lf bca r. A Applicant's Signature Date CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: DENIAL: APPROVAL: A, DENIAL: DECIBEL LEVEL: f)//4./:, Page 339 of 764 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Danielle Eastman, in conjunction with the Aya Dancing in the Park event, to be held at Valley View Park on 6/4, 7/2, 7/23, 8/13 and 9/3, 2021 from 6:00 p.m. - 7:00 p.m., including music and the use of a PA system. City Council Meeting: 6/7/2021 Prepared: 5/27/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request - Danielle Eastman Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from Danielle Eastman, in conjunction with the Aya Dancing in the Park event, to be held at Valley View Park on 6/4, 7/2, 7/23, 8/13 and 9/3, 2021 from 6:00 p.m. - 7:00 p.m., including music and the use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 340 of 764 APPLICATION FQR VARIANCE TO NO/SE ORDINANCE APPLICANT'S NAME: Danielle Eastman APPLICANT'S ADDRESS: 1670 Sager Ave, Waterloo, IA 50701 APPLICANT' S PHONE #: 319-360-5965 ANTICIPATED DATE OF VARIANCE: 5 Fridays: June •4th, July 2nd, July 23rd, Aug. I3th, and Sept. 3rd. NAME OF EVENT: Aya Dancing in the Park TIMES OF DAY OF VARIANCE: 6PM-7PM GEOGRAPHICAL LOCATION OF VARIANCE: I would love to be to use the area near the shelter at Valley View Park, if possible. Valley View Park is bordered by Letach Rd., Maynard .Ave., and Greenhill Rd, The grassy area we would love to use is nearest the comer of Greenhill and Maynard, near the parking lot. DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: It looks as though the nearest house would be approximately 300 ft from the grassy area. PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCf1 AS A BAND PLAYING, PA SYSTEM, ETC. Hello? I offer a local dance fitness class known as Aya. I normally offer classes in our small studio, loc., 404)k.�town, next door to the Sportsplex. Due to COVID, we have spent the past 14 months holding our classes only on Zoom. Now that vaccinations are available to everyone and daily cases are decreasing, rd love to bring people hack together in -person againrd especially love to be able to host a few outdoor classes this summer, id, ly in the grassy area near the shelter at Valley View Park. Having an outdoor class would still allow folks to connect, get some exercise, and have fun together, while also maintaining social distancing and minimizing risk, If allowed,' would love to still be able to charge fees for these classes. This would help to sustain the studio until we ean resume normal class sizes indoors. The reason for a noise valiance is that the 60-min, classes would involve the use of a strain, portable PA system in order to project the mu and my microphone. Thank ou so very much for your consideration Applic Date 's Signature 5 -1 2.4, Page 341 of 764 CITY COUNCIL, ACTION: APPROVAL: DENIAL: Police Dept ,Reeomrn.ep tion APPROVAL: DE IAL: Page 342 of 764 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from LaTanya Graves, in conjunction with the 26th Annual Juneteenth Celebration event, to be held at Gates Park on June 19, 2021 from 12:00 Noon - 6:00 p.m., including the use of a PA system and drill team. City Council Meeting: 6/7/2021 Prepared: 5/27/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request - Juneteenth Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from LaTanya Graves, in conjunction with the 26th Annual Juneteenth Celebration event, to be held at Gates Park on June 19, 2021 from 12:00 Noon - 6:00 p.m., including the use of a PA system and drill team. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page343of764 APPLICATION f t o Ut j t o o ctY , co FOR VARIANCE TO NOISE ORDNANCE APPLICANT'S NAME; POt. v$ ArAllefiS A r APPLICANT'S ADDRESS; 0 6.0 3Off Noe, loo goiact' APPLICANT'S PHONE ; l II -.3 51 ANTICIPATED DATE OE VARIANCE; 36k 1 u>r 4v r loi, 1-G .:/ NAME OF EVENT: e -1YI n tA ei r, t.t rU-42.Vh—HA TIMES OF DAY OF VARIANCE; 12. ; n GEOGRAPHICA.L.LOCATION OF VARIANCE; i 1f'- . oh( DISTANCE 4 e , 69 FACTIVITY ERONI RESIDENT TAL PROPIR'TIES r PLEASE EXPLAIN THE .EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED' THE NOISE ORDINANCE, SUCH AS.A BAND PLAYING, PA SYSTEM, ETC, tiL);+ ok Srtil cet CITY COUNCIL ACTION. APPROVAL DENIAL: Applicant's Signature ! Date Police Dept, Recommendation APPROVAL: �C —,7, DENIAL DECIBEL LEVEL; 497 Page 344 of 764„ CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by Pro Track and Tennis Inc. of Bennington, Nebraska in the amount of $77,250.00, in conjunction with FY2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038. City Council Meeting: 6/7/2021 Prepared: 5/28/2021 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving Completion of Project and Acceptance of Work for work performed by Pro Track and Tennis Inc. of Bennington, Nebraska in the amount of $77,250.00, in conjunction with FY2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038. Submitted By: Travis Nichols, Facilities/Project Manager It is recommended that the project be accepted and that Council approve the "Statement of Completion and Final Acceptance of Work." This project was completed according to plans and specifications. $77,250.00 CIP bond funds. Strategy 4.5: Quality of Place Page345of764 CITY OF WATERLOO Council Communication Motion approving Change Order No.1 from Cahoy Pump Service, Inc. of Sumner, IA for a net decrease of - $4,196.23 in conjunction with the Final Clarifier No. 3 Dewatering Wells Cont No. 1032 and authorizing the Mayor to exedute said document. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ Change Order No. 1 Backup Material SUBJECT: Motion approving Change Order No. 1 with Cahoy Pump Service, Inc., of Sumner, Iowa, for a net decrease of $4,196.23, in conjunction with the Final Clarifier No. 3 Dewatering Wells, Contact No. 1032, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Brian Bowman Treatment Operations Supervisor Recommended Action: approve said change order Page 346 of 764 Owner Project Owner's Contract No. Date of Contact Start CHANGE ORDER NO. 1 City of Waterloo Final Clarifier No. 3 Dewatering Wells Date: S/25/20 1032 Contractor: Cahoy Purnp Service, Inc_ 10/5/2020 Contract Amount: $ 238,515.00 You are directed to make the following changes in the Contract Documents. Description: Line Item #i9 City of Waterloo Invoice - 4/27/2021 $ (4,196.23) /LS x TOTAL SUBTRACTIONS 3.15 $ (4,196.23) $ (4,196.23) Reason for Change order Line Item #9 Water Main Repairs & Material Removal CONTRACT PRICE Original: Previous C.D.s (ADD/DEDUCT) This C.Q. (ADD/DEDUCT) Contract Price with all approved Change Orders: $ 238,515.00 $ S {4,196.23) Revised Completion Date: $ 234,318.77 CONTRACT TIME To Substantial To Final Completion Completion Original Completion Date: 12/1/20201 12/18/2020 3/4/2021 4/30/2021 it is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENTTO THE CONTRACT AND ALL. STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Si ature ACCEPTED: BY: Contractor (Author' ACCEPTED: BY: AECOM rgnatuie) Date Date 5/25/2021 Date AECOM 60558763 1 1 Project No. C.O. No. Page 347 of 764 CITY OF WATERLOO Council Communication Recommendation of appointment of Richard Frickson from the current Civil Service list, to the position of Facilities Maintenance Plumber, effective June 8, 2021. City Council Meeting: 6/7/2021 Prepared: 5/11/2021 ATTACHMENTS: Description Type D Job Description Backup Material D Certified List Backup Material D Personnel Request Form Backup Material D P ersonnel Request Questions Backup Material SUBJECT: Recommendation of appointment of Richard Frickson from the current Civil Service list, to the position of Facilities Maintenance Plumber, effective June 8. 2021. Submitted by: Submitted By: Greg Ahlhelm, Building Official Recommended Action: Approval Summary Statement: This position fills a vacancy due to retirement. Page 348 of 764 Resumes can only be submitted by going to the City of Waterloo website www.cityofwaterlooiowa.comt Career Opportunities, clicking on Facilities Maintenance Plumber, reading through the description and following the directions to submit your resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline is Noon on Friday, February 26, 2021. • CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA:` OPEN EXAMINATION FACILITIES MAINTENANCE PLUMBER DEPARTMENT WAGE FLSA CIVIL SERVICE . BARGAINING UNIT : COMMUNITY PLANNING & DEVELOPMENT -BUILDING INSPECTIONS $29.91 per hour with $1.00 increase after 6-month probation NON-EXEMPT INCLUDED CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Master/journeyman level technical position responsible for performing a variety of repair and maintenance duties in City buildings and facilities with primary responsibility for plumbing -related maintenance. The work is performed under the general direction of the Building Official/Maintenance Administrator but considerable leeway is granted for the exercise of independent judgment and initiative. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. GENERAL FACILITIES MAINTENANCE 1. As part of a maintenance team, coordinates a preventive maintenance program for City facilities and equipment. 2. Regularly inspects the structural and maintenance aspects of City facilities and performs scheduled repairs of City facilities and equipment. 3. Responds to maintenance emergencies in all City facilities and assists in making major or minor repairs as needed or directed. 4. Installs and repairs electrical, plumbing, heating and air conditioning equipment in City facilities. 5. Works with construction and maintenance contractors to ensure mechanical, electrical, plumbing and structural integrity of City buildings and facilities is maintained. 6. Works from plans, blueprints, drawings and diagrams. 7. Assists other maintenance personnel in mechanical, electrical, HVAC, general building and grounds maintenance and custodial duties as needed. 8. Assists in snow removal operations as needed. 9. Works from unprotected heights and close enclosures using ladders or scaffolding; works in confined spaces and underground pits; performs maintenance and repairs in trenches and on uneven ground. 10. Works outside in all weather conditions; works near moving mechanical equipment and electrical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and Page 349 of 764 fumes. place and time. 11. May operate trencher, backhoe, end loader, tractor, concrete saw, air hammer, pipe threader and a variety of power tools. 12. Keeps a daily log sheet of work performed. 13. Operates personal computer to update and maintain database of work performed. PLUMBING MAINTENANCE & REPAIR 1. Assesses and repairs complex plumbing problems using tools, materials and procedures involved in master/journeyman level plumbing operations. 2. Supervises and participates in the new installation, maintenance and repair of a variety of plumbing systems in all City facilities (may include irrigation systems, Park shelters, Riverfront Stadium, Young Arena, downtown Expo areas, golf courses). 3. Instructs other maintenance personnel in proper methods of plumbing maintenance and repair and inspects work for conformance to instructions and applicable plumbing standards. 4. Installs plumbing fixtures, valves, piping, pumps and fluid controls in City buildings and facilities and performs plumbing maintenance including but not limited to locating and replacing defective or damaged plumbing fixtures, pipes, pumps and controls. 5. Keeps accurate records and work diagrams of existing and proposed plumbing projects. MISCELLANEOUS 1. Shares night/weekend/holiday call on a rotating, weekly basis with other employees in the department. 2. Works independently and with others with minimum supervision. 3. Attends work regularly at the designated 4. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Maintenance Department safety rules and regulations. 5. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Comprehensive knowledge of standard practices, tools and terminology of the plumbing trade and plumbing theory. 2. Ability to assess and repair complex maintenance problems using tools, materials and procedures involved in building maintenance and custodial operations; ability to make repairs to complicated plumbing, fixtures, irrigation systems and equipment. 3. Knowledge of pump and fluid controls, pneumatic and hydraulic systems. 4. Working knowledge of the City of Waterloo plumbing ordinance. 5. Ability to read and work from blueprints, plans and diagrams. 6. Ability to plan, monitor and supervise the plumbing work of other maintenance employees and contractors. 7, Ability to discuss maintenance and repair issues with coworkers and supervisors tactfully and promptly, in a clear, concise and easily understandable manner. 8. Ability to communicate effectively and maintain working relationships with outside contractors, other City employees, public officials and supervisors. 9. Ability to keep accurate and thorough records of work performed. 10. Ability to use independent judgment to recognize and solve problems as they occur Page 350 of 764 and to purchase equipment, materials and supplies as needed. 11. Ability to work . from ladders, scaffolding, or man -lift up to forty (40) feet in the air. 12. Ability to safely operate tools and equipment of the building maintenance trades and considerable knowledge of occupational hazards associated with and the safety precautions necessary when working on complex building maintenance operations and enforce appropriate safety precautions. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/equivalent. 2. Master plumber preferred with minimum two (2) years supervisory experience. OR 3. Journeymen plumber with minimum five (5) years experience supplemented by studies in plumbing shop work or other vocational school. 4. Iowa Class C Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation; two or more at -fault accidents within a three-year period while driving on City business; three or more at - fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks and to lift and carry various items weighing up to forty (40) pounds on a frequent basis and to lift up to one hundred (100) pounds with assistance on an occasional basis. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person, over the telephone or over a radio. 3. Sufficient color vision to identify indicator lights on electronic control panels and electrical wiring, sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment and assess complex maintenance problems; sufficient dexterity to safely operate power and manual repair and maintenance tools; sufficient hearing to understand verbal instructions, respond to questions from the public and to hear traffic in work areas. 4. Sufficient personal mobility that permits the employee to work in confined spaces and operate required equipment safely in all types of weather and to go to work sites all over town to perform required maintenance; able to stoop, kneel, reach, turn, crawl, climb, or crouch for an extended period of time in Page 351 of 764 cramped or difficult to reach areas. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. 2. Must comply with the City of Waterloo Residency Policy for Critical Employees (must live within 10-mile radius of City Hall) within time period as determined by department head. 3. Must maintain a local telephone number where can be reached. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 5. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 6. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Generally 7:00 a.m. to 4:00 p.m. Monday through Friday with one hour unpaid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays, alternating with other department personnel. May be required to work considerable overtime when assigned to special projects or during weather or facility -based emergencies. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their 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 and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. FACILITIES MAINTENANCE PLUMBER DESCRIPTION 21 January 2021 Page 352 of 764 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 Fax (319) 291-4569 April 30, 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 Facilities Maintenance Plumber for the City of Waterloo, Iowa Building Inspections/Maintenance Department. Appointment(s) shall be made from this list for the next year (April 30, 2021 — April 29, 2022). CERTIFIED LIST Jason Welsh Adam Nielsen Jason Con.kling Richard Frickson Timothy Abbas William Gardner Jeremy Hovey Jeremy Siebel Bradley Baldwin Respectfully submitted, DS Date CS LIST FACILITIES MAINTENANCE PLUMBER 21 "1/577 Lovie Caldwell Date Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 353 of 764 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 Resources. irx********** ****, ****, *4t*614, *Ocic*****,Fief+********A*******k***;r**,4***********k***04******* ***** Position Title: Facilities Maintenance - Plumber Department: Building Maintenance Reports To: Building Official Employment Status: Type of Position: Civil Service Position: Bargaining Position: Non -bargaining Position: Work Location; City Buildings ® 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 ® Yes ® Yes ❑ Yes ❑ No El No ❑ No Recommended Recruitment Sources: ❑ Internal Posting Only El Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Chris Petersen (Specify name of former incumbent) If replacement, former incumbent: El esigned/Terminated 0 Transferred I 1 Promoted Date incumbent terminated employment: 1/15/2021 Date of final payout: n/a Anticipated start date: 6/15/2021 No. of hours/week: 40 Work schedule: 7:00 a - 3:30 p Annual salary requirements: Hourly Rate: $30.91 Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Justification of need for position: What are the likely consequences if the position is not filled? We need to replace this position to avoid having to hire outside contractors to perform required maintenance, Approved subject to the following conditions: Aitting /SuubDepartment Head 4ez? aterFinancial Officer APPROVALS r z - 4. 2.0z o 4 P. l 6aP Date Mayor ate 42- -17-„,20 4,14/1.6d6 Date Human Resources anagor Date Human Resources Committee Chairperson Date Page354of7 PERSONNEL REQUISITION Facilities Maintenance - Plumber The following questions are provided as guidelines to assist you in developing your rational for the position of Facilities Maintenance Plumber in the Building Maintenance 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? To provide plumbing maintenance for all city facilities. 3 l S (2) Can the job responsibilities of this position be assigned to other employees L within the department? If no, why not? No, This position requires the 1 individual to be a State of Iowa licensed Journeyman Plumber. 1 (3) How is the work of this position being accomplished now? We have a full time journeyman plumber currently on staff. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? We need to fill this position to help to adequately maintain any plumbing issues that may arise within city facilities. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? It would keep us from having to outsource such work. (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? NA. (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 work load is approximately the same on an annual basis. (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 Page 355 of 764 specific as possible. We would need to hire outside contractors to provide plumbing maintenance for all work within city buildings. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? If it is an emergency we would have to hire the services of an outside contractor. (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? Yes but it would not be cost or time effective. (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 important as we are in constant need of maintenance. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? It has a positive impact as it provides a required need and service for the city to help to properly maintain our buildings. Note Foi ward completed gnesttonpatret .'k uman;Resources bepar(m ntw.. th o ig nal copy of Person el Requisition form.. Page 356 of 764 CITY OF WATERLOO Council Communication Recommendation of appointment of Cameron Agan, from the current Civil Service list, to the position of Storm Water Specialist in the Engineering Department, effective June 14, 2021, pending successful completion of pre -employment physical and drug screening. City Council Meeting: 6/7/2021 Prepared: 5/19/2021 ATTACHMENTS: Description ❑ C Agan_SW Spec_attachements SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Backup Material Recommendation of appointment of Cameron Agan, from the current Civil Service list, to the position of Storm Water Specialist in the Engineering Department, effective June 14, 2021, pending successful completion of pre- employment physical and drug screening. Submitted By: Jamie Knutson, PE, City Engineer Approve the appointment of Cameron Agan to the position of Storm Water Specialist, effective June 14, 2021. This appointment is being made from the Certified Civil Service List. Storm Water Specialist salary and benefits Storm Water Fee Page 357 of 764 CATS OF A ER 0 p HUMAN R SOU CEO DEPARTMENT 715 Mulberry St. a Waterloo, IA 50703 m Phone (319) 201-4303 Fax (319) 291-4559 April 30, 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 Storm Water Specialist for the City of Waterloo, Iowa Engineering Department. Appointment(s) shall be made from this list for the next year (April 30, 2021 — April 29, 2022). CERTIFIED LIST Cameron Agan Connor Peterson Andrew Rust Respectfully submitted, Barry j' skin Date vie Caldwell Dat Ethel Washington Date CS LIST STORM WATER SPECIALIST 21 WE'RE WORKING FOR YOU! An Equal OpparluniiylAffimralive Action Employer Page 358 of 764 Page 359 of 764 20 PERSONNEL REQUISI'I`I.ON FORM D OCT 2Q Citec<1t applieah1e; X To start:reetaiting or civil { t rvic6 ro - adlt r 0 To. nil a vacancy E Active CI . Service List Expires: A proposed job dosolption. and questiotattaire a ►ust notompany this frm at time of submissi ► to Homan 'R r ***ft+kiwi;***** *41A; ***01+4*seae* ars****# +F zRe+***.,t*dtlF**ir*dritle,+r*it***vet.* **** **it**.**wd****+t*,+e**** * Position Title: Storni Water,Specialist Department Engineering _ . . Repot To,, CitrEngineer Work Location:. Ciw Hall Employment Status; .X .Replier hill Time: a Temporary Full Time train to Regular F.art.T to E TeMpOtatyPart Tithe fibril. Regular 7-Month 0 Intern/Co-. op Student from to Type, of Position: Recommended Recruitment Sources Civitgervioe POsitior, Y 0 No 0 l iternal Posting Only Bargainin Position, X Yes LtO 01utorio1 Posting and External Advertising BV0iPtg' u ;A1 Selz $ Von -bargaining Position 0 Yes X NO go*1,* a 4 *+044*?r*# e?k014*****F? WO*************** ***CV* Ar ******4*fir*** *********** *****. COPpletebd.' i&4g `0.4 requisition is to. iLft ale q X .New Position, or D R;piatotentPaa ti for; Itreplacement, tomes incumbent ❑ tRes 'l> ,D' ' si OPX4mOtgd Date incumbent term €a tte mployment Date of final mom: Ci $ tda . TBD , to d /we* 49: Work aelie ule: P lastifioadtin. positiom Required :to complete wateushed assessments, inspect all private detention basins totoonsinesoomplianee with Gramm folat label*.aud 4 fitellityinspections. and _dtea t iospeAtioa. All Of these aro teciultementsathe• i%'s sioirn waterpemthroSg tfae ID . 'st ab ikeiy 004,04440040 iftb.e posit is not filled? We eoulit bo andited by die MA end the 11:114R and feu fmes'Aki tliig Mg petmit.requirements. ARPOOVALS Annual salary requirements; thusly Rate: Benefit t position hudd for ibis and future '`s? "Yip D ND lf,no, how wall position Ire: nded A p o ttt the Mowing conditions:,,_ .. . Rtinial&dotitegratitillittgethalfptilsOkl Dad Page 360 of 76 Page 361 of 764 Resumes can only be submitted by going to the City of Waterloo website www.cityofwaterlooiowa.coms Career Opportunities, clicking on Storm Water Specialist, reading the description and following the directions to submit your resume. We will not accept mailed, faxed, hand delivered or directly emailed resumes. Deadline is Noon on Friday, March 26, 2021. 1 VIL 'SERVICENOTICE CITY OF WATERLOO, IOWA OPEN. EXAMINATION STORM WATER SPECIALIST DEPARTMENT WAGE RANGE FLSA CIVIL SERVICE BARGAINING UNIT • COMMUNITY PLANNING & DEVLEOPMENT - ENGINEERING $30.78 - $33.28 per hour NON-EXEMPT INCLUDED AFSCME LOCAL #1195 GENERAL STATEMENT OF DUTIES Professional and technical position responsible for performing storm water management related work in the field and office and on a variety of public works projects. The work is performed under the general direction of a higher -level engineer but considerable leeway is granted for the exercise of independent judgment and initiative. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Conducts inspections of a variety of public works projects for Storm Water Pollution Prevention Plan (SWPPP) compliance. 2. Reviews SWPPP plans and post -construction site plans. 3. Coordinates and conducts National Pollutant Discharge Elimination System (NPDES) inspections program for construction sites and post -construction storm water management facilities. 4. Helps coordinate storm water management program. 5. Inspects all storm water facilities including pump stations, gate wells, manholes, inlets, other structures, drainage ways, etc. 6. Helps train municipal employees on storm water Best Management Practices (BMP's). 7. Conducts public education activities for storm water management program. 8. Responds to complaints and answers requests from the public regarding storm water management. 9. Participates in the preparation and maintenance of storm water system records. 10. Notifies, works with and provides expertise to Fire Rescue, Building Inspections, Waste Management and Planning and Zoning regarding storm water issues. 11. Monitors, responds to complaints, resolves violations, including possible storm water violations and issues citations if necessary. 12. Testifies in court regarding violations of related City storm water ordinances. 13. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 14. Works inside and outside to review construction sites, meet with contractors and attend meetings; operates passenger -type vehicle to visit inspection sites; works in a variety of weather extremes, excessive noise, mechanical hazards; work environment may be dusty and dirty; terrain may be wet, slippery or uneven. 15. Works independently and with others with minimal supervision. Page 362 of 764 16. Performs work of a repetitive nature and varied workload pace. 17. Regular attendance on the job and at the work site is required. 18. Performs all work duties and activities in accordance with OSHA, City and Engineering Department policies, procedures and safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of the principles and practices of engineering as applied to the design, maintenance, inspection and repair of public works facilities. 2. Ability to present materials and information in good report form, complete forms and perform required record keeping. 3. Skilled in use of personal computer and database knowledge. 4. Skilled in use of civil engineering instruments and equipment: 5. Ability to function with independent judgment and skill to plan, assist and supervise the work of others as it relates to engineering principles and practices. 6. Ability to communicate orally and in writing to read, analyze, record and interpret complex technical data and computations, review materials on a variety of engineering projects, present facts and findings, give advice and recommendations and respond to questions from the public, public officials, contractors and coworkers tactfully and promptly, in a clear, concise and easily understandable manner. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, public officials, contractors, other government agencies and the public. 8. Ability to safely operate passenger vehicle. 9. Ability to use independent judgment to recognize and solve problems as they occur. 10. Knowledge of occupational hazards and ability to enforce appropriate safety precautions when working at construction sites. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a Bachelor's Degree in Civil or Construction Engineering, Biology, Earth Sciences, Geography or Environmental Science OR Graduate of a technical school or community college with an Associate of Applied Science Degree in Civil Engineering Technology or a directly equivalent degree and minimum five (5) years of experience in public works design, engineering and public works inspection OR High school graduate/GED with minimum ten (10) years of experience in public works design, engineering and inspection OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Prefer Iowa Certified Construction Site Pollution Prevention Inspector (ICCSPPI) Certification or other recognized certification; must obtain within six months of appointment. 3. 4. 5. Prefer storm water management program experience. Prefer Geographic Information Systems (GIS) experience. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. Page 363 of 764 After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing to understand verbal instructions, respond to questions from the public, public officials and contractors, hear traffic in work areas, communicate with coworkers in person, over the telephone or over a radio and make oral presentations. 2. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle, travel inside and outside in all weather, review construction sites and attend meetings. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, use civil engineering instruments and equipment, review construction sites, handle files and perform other administrative and technical duties. 4. Sufficient strength, mobility and flexibility to lift, carry, push or pull surveying and testing equipment weighing up to one hundred (100) pounds (may request assistance) and climb and work at heights up to fifteen (15) feet. MISCELLANEOUS 1. Required to wear personal protective equipment as needed such as safety glasses, safety shoes and safety vest and ability to observe and enforce appropriate safety precautions. 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of the job. 3. The City of Waterloo reserves the right to conduct a background investigation including employment, education and criminal history checks on any applicant being considered for this position. 4. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Generally Monday -Friday, 8:00 a.m. - 5:00 p.m. with one hour unpaid lunch. Must be available for depattt,rent or City activities or meetings outside normal work schedule that require the attendance of the Storm Water Specialist. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their 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 and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. A.AJE.E.O. Minority, female & disabled individuals are encouraged to apply. STORM WATER SPECIALIST DESCRIPTION 21 January 2021 Page 364 of 764 Page 365 of 764 PERSONNEL REQUISITION Storm Water Specialist The following questions are provided as guidelines to assist you in developing your rational for the position of Storm Water Specialist in the Engineering 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? SWPPP plan review, SWPP compliance inspections, completing SWPPP books for city designed projects, city facility inspections, inlet labeling, watershed assessments, private detention basin inspections, public outreach, resolve storm water violations, topsoil inspections, weekly inspections for all city projects, inspecting all outlets that drain into the creeks and Cedar River, etc. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Currently all other employees are needed for other jobs in the department. The responsibilities listed above will take a full time employee to complete. Please see the attached sheet showing the breakdown of activities. (3) How is the work of this position being accomplished now? It is not being completed. We are currently behind in some aspects to meet our requirements for our NPDES permit. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. I had an inspector retire in February 2020 and this position did help with inlet inspections when their schedule allowed. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position will allow the City to meet its requirements under our NPDES Permit. If we do not meet the requirements of our permit, we are subject to fines from both the IDNR and EPA. The EPA is in Cedar Falls auditing their stormwater program due to complaints their permit is not being followed, October 14-22, 2020. Page 366 of 764 (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There would be no cost savings as the required items must be completed to meet the requirements of our NPDES permit. (7) (8) (9) 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? We pay some overtime now for public outreach participation. 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 federal government is adding more regulations (storm water permit, consent decree requirements, flood control, ADA ramp program, ADA access for bus stops) and this increases the need for qualified staff. The City has 3 RISE projects to be constructed, 2 major and 1 minor bridge replacements and major sanitary sewer and storm sewer projects handled by the Engineering Department, LaPorte/Hess Reconstruction, Hwy 63 Enhancements to be completed in the next 3 years. All consent decree projects at the treatment plant must be inspected as well. The City is constantly adding new private construction projects and those must be inspected as well. As you have seen with permit values, they have been going up indicating increased construction and the need for increased inspection. 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 specific as possible. Watershed assessments, inspection of private detention basins, inlet labeling, city facility inspections and dry weather inspections will not be completed. There is no cost until the City is audited and fined and told to come into compliance, just as Cedar Falls is dealing with in October 2020. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Vacations are for only a week or so at a time and other staff can cover but may not be able to fully answer all questions that come in about a particular project. (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? It could but the cost to hire outside consultants usually costs more than doing the work in house. Page 367 of 764 (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 would rank #3 as this is a technical position and is required in order for the city to meet the requirements of its NPDES permit. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position will be paid for out of stormwater funds. As development increases, staff is required to do certain things according to our NPDES permit and that includes inspection of private development. By having staff to do the work, development can continue and there will not be delays in private construction. It also helps to improve Waterloo's image by having well trained staff that can answer questions of the general public and helps other departments by being able to answer their questions in a timely manner. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel 'equisition form. Page 368 of 764 Page 369 of 764 CITY OF WATERLOO Council Communication Motion approving Certificate of Substantial Completion, in conjunction with the Public Works Truck Wash Area Improvements, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/17/2021 ATTACHMENTS: Description Type ❑ Certificate of Substantial Completion Backup Material SUBJECT: Motion approving Certificate of Substantial Completion, in conjunction with the Public Works Truck Wash Area Improvements, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Motion Summary Statement: Policy Issue: The list of items for the project have been completed. The truck wash is operable. Strategy 3.4 and 3.5: Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operation and activities. Page 370 of 764 7 A Document G704 - 2017 Certificate of Substantial Completion PROJECT: (name and address) Public Works Truck Wash Area Improvements for the City of Waterloo, Iowa. /OWNER: (name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORMATION: Contract For: General Construction Project No: 19-23490 CERTIFICATE INFORMATION: Certificate Number: 001 Date: July 30, 2020 Date: March 18, 2021 ARCHITECT: (name and address) I & S Group, Inc. (ISG) 3 l4 East 4th Street Waterloo, IA 50703 CONTRACTOR: (name and address) Kidder Construction, Inc. 6036 Foulk Road PO Box 2242 Waterloo, IA 50704 The Work identified below has been reviewed and found, to the Architect's best knowledge, information, and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion designated below is the date established by this Certificate. (Identify the Work, or portion thereof that is substantially complete.) Substantial Completion Date: December 30, 2020 I & S Group, Inc, (ISG) ARCHITECT (Firm Name) SIGNATURE Nathan Compton, Architect/Project Manager PRINTED NAME AND TITLE Date Executed: March 18, 2021 DATE OF SUBSTANTIAL. COMPLETION WARRANTIES The date of Substantial Completion of the Project or portion designated above is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: (IdentO, warranties that do not commence on the date of Substantial Completion, f any, and indicate their date of commencement.) WORK TO BE COMPLETED OR CORRECTED A list of items to be completed or corrected is attached hereto, or transmitted as agreed upon by the parties, and identified as follows: (Identify the list of Work to be completed or corrected.) See attached punchlist: ISG The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment, whichever occurs first. The Contractor will complete or correct the Work on the list of items attached hereto within Thirty (30) days from the above date of Substantial Completion. Cost estimate of Work to be completed or corrected: $3,000 (see attached punchlist) The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work, insurance, and other items identified below shall be as follows: (Note: Owner's and Contractor's legal and insurance counsel should review insurance requirements and coverage.) The Owner shall be responsible for maintenance, heat, utilities, insurance and damage caused by the Owner's personnel. The Owner and Contractor hereby accept the responsibilities assigned to them in this Certificate of Substantial Completion: AIA Document G704' — 2017. Copyright © 1963, 1978, 1992, 2000 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 17:00:31 ET an 03/18/2021 under Order No.8114132283 which expires on 07/12/2021, 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: (3B9ADA3D) 1 Page 371 of 764 Kidder Construction, Inc, -/ `i 'I1/1i s"`6 LOW \77e6G l '37 // 2-/ CONTRACTOR (Firm SIGNATURE PRINTED NAME AND TITLE DATE Name) City of Waterloo OWNER (Firm Name) SIGNATURE PRINTED NAME AND TITLE DATE AIA Document G704'" — 2017. Copyright 0 1983, 1978, 1992, 2000 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document 2 was produced by AIA software al 17:00:31 ET on 03/18/2021 under Order No.8114132283 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 Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA3D) Page 372 of 764 REMOVE AND REUSE PVC PIPING RE USE UNISTRUTS AT WALL IRE USED PVC PIPING 150# CLASS OHEDULE 40 _;GALVANIZED PIPE 150# CLASS SCHEDULE 80 GALVANIZED PIPE x (SUPPORTS WITHIN 6" OF ELBOWS (TYP) f V1 / Poe 373 of 764 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Modern Builders, Inc., of Janesville, Iowa, for a net increase of $29,788, in conjunction with the City Hall 2nd Floor Counter and Security Renovations and Construction Design Project, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/11/2021 ATTACHMENTS: Description ❑ Change Order #1 - City Hall Counter Reno SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Backup Material Motion approving Change Order No. 1 with Modem Builders, Inc., of Janesville, Iowa, for a net increase of $29,788, in conjunction with the City Hall 2nd Floor Counter and Security Renovations and Construction Design Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval This Change Order is for the addition and installation of bullet proof glass for (3) three 2nd floor counter window areas. The new total contract sum of this project will be increased to $83,988. Page 374 of 764 ® == Document G701IY- 2017 Change Order PROJECT: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORMATION: Contract For: General Construction Date: May 4, 2021 ARCHITECT: (Name and address) Modern Design, Inc. 201 Main Street, PO Box 461 Janesville, Iowa 50647 CHANGE ORDER INFORMATION: Change Order Number: 001 Date: May 4, 2021 CONTRACTOR: (Name and address) Modem Builders, Inc. PO Box 418, 201 Main Street Janesville, Iowa 50647 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives,) Windows and Window Installation $29,788.00 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Thirty (30) days. The new date of Substantial Completion will be 2/28/2020 $ 54,200.00 $ 0.00 $ 54,200.00 $ 29,788.00 $ 83,988.00 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Mods esi: , Inc. AR sl r TORE me Modern Builders, Inc. City of Waterloo CONTO 'rnt name) SIGNATURE J. •es E. Trunnell, AIA Rick Stensland, President PRINTED NAME AND TITLE DAT, OWNER (Firm name) SIGNATURE PRINTED NAM AND TITLE PRINTED NAME AND TITLE 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 15:01:40 ET on 05104/2021 under Order No.3465279341 which expires on 07/04/2021, 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 copyright aia.org. User Notes: Pag ::j a�,i6rEktof 764 D 1 CITY OF WATERLOO Council Communication Motion approving Change Order No. 14 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $742, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/12/2021 ATTACHMENTS: Description ❑ Change Order #14 - 5 Bros Addition Reno SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Backup Material Motion approving Change Order No. 14 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $742, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval COR 11: Cost for changes noted for Mounted Displays during submittal process. Page 376 of 764 c*''(s IV'.110-' mow Change Order Document G701 TM - 2017 PROJECT: (Name and address) Five Sullivan Brothers Convention Center Addition and Renovation, Waterloo, IA. OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORMATION: Contract For: General Construction Project No: 20-23943 Date: September 08, 2020 ARCHITECT: (Name and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 CHANGE ORDER INFORMATION: Change Order Number: 014 Date: May 11, 2021 CONTRACTOR: (Name and address) Cardinal Construction. Inc. 1246 Martin Road Waterloo, IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. COR 11: Cost for changes noted for Mounted Displays during submittal process Add S742.00 (reduced cost per credit adjustment per PR 03) TOTAL AMOUNT OF THIS CHANGE ORDER, ADD TO CONTRACT SUM $742.00. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order wilt be The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be August 13, 2021. $ 5,516,300.00 $ 138,270.30 $ 5,654,570.30 $ 742.00 $ 5,655,312.30 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 becu agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. I & S Group, Inc. (ISO) ARCHITECT (Firm name) SIGNATURE Nathan Compton, Architect 1 Construction, Inc. CTOR (Finn name) SIGNATURE Katy Susong, President PRINTED NAME AND TITLE PRINTED NAME AND TITLE May 11, 2021 May 11, 2021 DATE DATE City of Waterloo OWNER (Firm m name) SIGNATURE Quentin Hart, Mayor PRINTED NAME AND TITLE 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 "AMA Contract Documents" are registered trademarks and may not be used withoul permission. This document was produced by AIA software at 15:45:57 ET on 05/11/2021 under Order No.8114132283 which expires on 07/12/2021, is not for resale. is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: (3B9ADA44) 1 Page 377 of 764 CITY OF WATERLOO Council Communication Motion approving Change Order No. 15 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $960, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/24/2021 ATTACHMENTS: Description ❑ Change Order #15 - 5 Bros Addition Reno SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Backup Material Motion approving Change Order No. 15 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $960, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval PR 13: Cost for electrical plans: To remove circuitry from two can lights and bypass them to feed the remaining two lights. Page 378 of 764 ocu wr-went r 701'-2017 Change Order PROJECT: (Name and address) Five Sullivan Brothers Convention Center Addition and Renovation, Waterloo, IA. OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORNMAT1ON: Contract For: General Construction Project No: 20-23943 Date: September 08, 2020 ARCHITECT: (Name and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 CHANGE ORDER INFORMATION: Change Order Number: 015 Date: May 18, 2021 CONTRACTOR: (Name and address) Cardinal Construction, Inc. 1246 Martin Road Waterloo, IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) A, PR 13: Cost for Electrical Plans: To remove circuitry from two can lights and bypass them to feed the remaining two lights Add $960.00 TOTAL AMOUNT OF THIS CHANGE ORDER, ADD TO CONTRACT SUM $960.00. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be August 13, 2021. $ 5,516,300.00 $ 139,012.30 $ 5,655,312.30 $ 960.00 $ 5,656,272.30 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. I & S Group, Inc. (ISG) ARCHITECT (Firth name) SIGNATURE Nathan Compton, Architect PRINTED NAME AND TITLE Ca{dinal Construction, Inc. City of Waterloo GO R CTOR (Firm name) OWNER (Firm name) S1GNi TURE SIGNATURE Katy Susong, President Quentin Hart, Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE May 18, 2021 May 18, 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 12:46:21 ET on 0511812021 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@eia.org. User Notes: (3B9ADA40) Page 379 of 764 1 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5 with Tricon Construction Group, for a net increase of $26,622.50, in conjunction with the FY 2020 Virden Creek Levee Improvements Project, Contract No. 947, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description ❑ Change Order #5 (Signed ) SUBJECT: Submitted by: Recommended Action: Source of Funds: Type Backup Material Motion approving Change Order No. 5 with Tricon Construction Group, for a net increase of $26,622.50, in conjunction with the FY 2020 Virden Creek Levee Improvements Project, Contract No. 947, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Approve change order. G.O. Bonds Page 380 of 764 CHANGE ORDER NO. 5 Owner City of Waterloo Date: 5/25/2021 Project F.Y. 2020 Virden Creek Levee Improvements Owner's Contract No. 947 Contractor: Tricon Construction Group Date of Contact Start 3/6/2020 Contract Amount: $ 3,808,500.00 You are directed to make the following changes in the Contract Documents. Description: 4-9 Pavement, PCC, 6-inch $ 62.10 /SY X 50 EA $ 3,105.00 4-10 Intake, 6010.512 (SW-512) Intake, 18-Inch $ 4,600.00 /EA X 1 EA $ 4,600.00 4-11 Storm Sewer, Trenched, RCP, 12-Inch $ 48.30 / LF X 350 SY $ 16,905.00 4-12 Connection to Existing Intake $ 2,012.50 / EA X 1 CY $ 2,012.50 TOTAL ADDITIONS $ 26,622.50 Reason for Change Order 4-9 Replacement of Existing Gates Park Parking Lot Pavement 4-10 Intake to Drain Low Spot in Gates Park Parking Lot 4-11 Gates Park Parking Lot Outlet Pipe System 4-12 Connection to Existing Intake CONTRACT PRICE CONTRACT TIME To Substantial To Final Completion Completion Original: $ 3,808,500.00 Original Completion Date: 11/20/20201 11/20/2020 Previous C.O.s (ADD/DEDUCT) $ 41,723.77 This C.O. (ADD/DEDUCT) $ 26,622,50 Revised Completion Date: 8/2/20211 8/2/2021 Contract Price with all approved Change Orders: $ 3,876,846.27 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature ACCEPTED: BY: Date Contractor (Authorized Si: aure) Date ACCEPTED: BY: J / )1' 5-28-21 AECOM Date AECOM 60626987 I 5 Project No. C.O. No. Page 381 of 764 Change Order #5 Virden Creek - Quantities Item SUDAS SPEC Description Unit Estimated Quantity Unit Price Total 13 7030 Sidewalk, PCC, 4-inch SY 10.50 $ 45.00 $ 472.50 14 7040 Removal of pavement SY 50.00 $ 11.00 $ 550.00 31 9010 Hydraulic Seeding, Type 1 (Permanent Lawn Mixture) ACRE 0.165 $ 3,800.00 $ 627.00 Total Additional Plan Item Costs $ 1,022.50 Change Order Items 4-9 7010-A Pavement, PCC, 6-inch SY 50.00 $ 62.10 $ 3,105.00 4-10 6010-A Intake, 6010.512 (SW-512) Intake, 18-inch EA 1.00 $ 4,600.00 $ 4,600.00 4-11 4020-A Storm Sewer, Trenched, RCP, 12-inch LF 350.00 $ 48.30 $ 16,905.00 4-12 6010-D Connection to Existing Intake EA 1.00 $ 2,012.50 $ 2,012.50 Total Change Order Cost $ 26,622.50 Notes* 1.) SUDAS Specifications to be used for all items. 2.) 6" parking lot paving SY price shall include removal of any existing material to meet 6" depth requirements. Page 382 of 764 A\.\‘ TRICON CONETRUCTI.❑�d GROUP www.triconcq.com 746 58th Ave Ct SW Cedar Rapids, IA 52404 P 866.588.9516 Corporate Office 2245 Kerper Blvd Suite 2 Dubuque, IA 52001 P 563.588.9516 F 563.588.9519 May 13, 2021 Daniel Kimball AECOM 501 Sycamore St, Suite 222 Waterloo, IA 50704 Project: F.Y. 2020 Virden Creek Levee Improvements Re: COR # 9 Additional cost for drain tile per attached. Dirt to Turf ($0.25/SF) Unit Price Southside Concrete 2,700.00 Vieth Construction Corp 13,600.00 Subtotal 16,300.00 OHP 2,445.00 Total $ 18,745.00 Note: Revision will be sent to include seeding cost after acreage is known. Approved By: Ron Richard 5/13/2021 Ron Richard — Tricon Construction Date City of Waterloo Date Page 383 of 764 VIETH CONSTRUCTION CORPORATION 6419 NORDIC DR. CEDAR FALLS, IA 50613 Contact: ALEX WEBER Phone: 319-277-1006 Cell- 319-404-4506 Fax: 319-277-3383 EXCLUSIONS: 1. BOND JOB NAME: VIRDEN CREEK DRAINTILE EXTRA 2. EROSION & TRAFFIC CONTROL 3. FINE GRADING+-0.2' 4. DEWATERING 5. COMPACTION TESTING 6. SAW CUTTING PAVEMENT 7. SURVEY LAYOUT WATERLOO, IA ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 INTAKE SW-512 INTAKE 18" 1.00 EA 4,000.00 4,000.00 2 SUBDRAIN NON PERF 6" 350.00 LF 19.00 6,650.00 3 SUBDRAIN CLEANOUTA-2 6" 1.00 EA 1,200.00 1,200.00 4 CONNECTION TO EXISTING INTAKE 1.00 EA 1,750.00 1,750.00 GRAND TOTAL $13,600.00 NOTES: -TO INCREASE PIPE SIZE TO 8"- $21.75 PER LF -TO INCREASE PIPE SIZE TO 12"- $23 PER LF Page 1 of 1 Page 384 of 764 K¢u If EXIST. INTAKE RIM EL. 856.45 INV. EL. 853.35 (12" NW) INV. EL. 853.45 (6" E) CLEANOUT (SUDAS 4040.232 TYPE A-2) RIM ELEV. 859.55 INV. ELEV. 855.20 350'-6" NON -PERFORATED SUBDRAIN @ 1.0% Page 385 of 76 EXIST. WALL 859.75 SW-512 INTAKE SW-604 TYPE 4A GRATE N: 3,654,221.98 E: 5,236,545.12 FORM GRADE 859.55' INV. EL. 856.90' (6" W) BOTTOM WELL 855.55' SCALE IN FEET 4" SIDEWALK BETWEEN EXIST. SIDEWALK & EXIST. BASKETBALL COURTS 41 859.75 859.80 z w 2 0 < 2O Lu >0Lu Ct YW Q K O LI Z}o} CCU N O N } LL DATE 0 NOVEMBER 4, 2019 PROJECT NO FILENAME DRAWING NO SHEET NO 0 _ 60221561 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $8,227.20, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type u Cont 1029 CO #2 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Motion approving Change Order No. 2 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $8,227.20, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer Approve change order. Add additional Electrical Circuit and additional Mobilization for electrical contractor to complete work. When construction began on retaining wall near 2001+00, two electrical conduits were discovered to be in direct conflict with the leveling pad for the retaining wall. After discussions with the City of Waterloo Traffic Department, relocation of the cables was determined to be necessary. 80% Federal Cost 20% City Cost G.O. Bonds Page 386 of 764 To view the full contents of this document, you need a later version of the PDF viewer. You can upgrade to the latest version of Adobe Reader from www.adobe.com/products/acrobat/readstep2.html For further support, go to www.adobe.com/support/products/acrreader.html Page 387 of 764 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 from Boomerang Corporation of Anamosa, IA for a net increase of $186,231.77 in conjunction with the Dry Run Ceek Interceptor Contact No. 877 and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description D Change Order No 2 D Memo to Mayor and Council D AECOM SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Type Backup Material Backup Material Backup Material Motion approving Change Order No. 2 from Boomerang Corporation of Anamosa, IA for a net increase of $186,231.77 in conjunction with the Dry Run Creek Interceptor Cont. No. 877 and authorizing the Mayor to execute said document. Submitted By: Brian Bowman Treatment Operations Supervisor Approve said change order $186,31.77 Sewer funds Page 388 of 764 CHANGE ORDER NO. 2 Owner City of Waterloo, Iowa Project Dry Run Creek Interceptor Owner's Contract No. City Contract No. 877 Date May 19, 2021 Contractor Boomerang Corporation Date of Contract Start December 23, 2020 $ 4,267,662.00 You are directed to make the following changes in the Contract Documents. Description: Additions: • Hammond Avenue Boring -- Directional drill casing and gravity main across Hammond Avenue due to large boulders obstructing the boring process, for a lump sum of $110,000.00. • Alexandria Drive — External drop pipe increase from 8" to 12" and 36" storm sewer crossing for a lump sum of $13,314.86. • Texas Street Lift Station Generator Pad — Size increase of generator pad for a lump sum of $2,598.19. • Texas Street Lift Station Transformer Upgrade — Upgrades to the electric transformer was found to be required by MidAmerican Energy to be within current specifications for a lump sum of $60,318.72. For this change, Total ADDITIONS $186,231.77 Reason for Change Order: • During construction and boring under Hammond Avenue, multiple large boulders prevented the work to continue. Means and methods were changed by the Contractor to complete the task. • During Construction at Alexandria Drive, it was found that an external drop pipe increase from 8" to 12" and 36" storm sewer (previously unknown) crossing was necessary. • To accommodate the provided acoustical enclosure for the Texas Street generator, the pad size needed to be increased. • During installation of the service connection to the existing electrical system at Texas Street, MidAmerican stopped work so that the existing transformer could be evaluated. It was determined that MidAmerican needed to upgrade the transformer at the site to meet current system specifications. This required a new transformer pad and new electrical wiring and conduits. CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $4,267,662.00 Original Completion Date: November 30, 2020 Previous C.O.'s (ADD/DEDUCT): $ (263,111.68) This C.O. (ADD/DEDUCT): $ 186,231.77 Contract Price with all approved Change Orders: $4,190,782.09 REVISED Completion Date: TBD It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: By: OWNER (Authorized Signature) Date ACCEPTED: By: i lttlIL: i 1te,--NA CONTRACTOR (Authorized Signature) Date S/ate / a0 P:1605070761600Construction Support1670Change-Orders\CO.0212021-05 CO ##2 - Boomerang.docx Page 389 of 764 CITY OF WATERLOO, IOWA + s� WASTE MANAGEMENT SERVICES DEPARTMENT ;�•�, 1Jep 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 cP/Ebrloo �o Brian Bowman, Operations Supervisor May 20, 2021 Memo to Waterloo Mayor and City Council: RE: Change Order No. 2 Dry Run Creek Interceptor Waterloo City Contract No. 877 Background Discussion: This change order covers four items for the Dry Run Creek Interceptor Project. It addresses conflicts found during construction and additional work on the project. Item number 1 in the Change Order addresses extra expenses occurred during the Directional Drilling and Casing for the gravity main across Hammond Ave due to large boulders obstructing the boring process. Item number 2 covers the external drop pipe increase from an 8" pipe to 12" pipe and 36" storm sewer crossing. Item number 3 is to increase the size for the new generator pad. Item number 4 is related to Transformer Upgrades needed to be in specifications with MidAmerican Energy. As a note MidAmerica Energy will not be charging the City for any work or materials needed for the new Transformer. The Original Contract Price was $4,267,662.00. Change Order 1 contained a Deduct Value of $263,111.68 Potential Change Order 2 has a value of $186,231.77 Making the new value of the Contract of $4,190,782.09 which is below Original Contract price. Recommended Action: It is recommended that the City Council approve Change Order No. 2 for Dry Run Creek Interceptor Waterloo City Contract No. 887 in the net increase amount of $186,231.77 Page 390 of 764 AECOM May 19, 2021 Mr. Brian Bowman Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Change Order No. 2 Dry Run Creek Interceptor Waterloo, Iowa City Contract No. 877 AECOM #60507076 Dear Mr. Bowman: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax Enclosed please find Change Order No. 2 for the above -referenced project. This change order is in regards to conflicts found during construction and additional work for the project. This Change Order No. 2 covers costs for: • Hammond Avenue Boring -- Directional drill casing and gravity main across Hammond Avenue due to large boulders obstructing the boring process, for a lump sum of $110,000.00. • Alexandria Drive — External drop pipe increase from 8" to 12" and 36" storm sewer crossing for a lump sum of $13,314.86. • Texas Street Lift Station Generator Pad — Size increase of generator pad for a lump sum of $2,598.19. • Texas Street Lift Station Transformer Upgrade — Upgrades to the electric transformer was found to be required by MidAmerican Energy to be within current specifications for a lump sum of $60,318.72. It is recommended to move forward with this Change Order No. 2 in the net increase amount of $186,231.77. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, Ross A. Hillsman, PE Enclosure: As Noted • :\60507076\600_Construction_Support\670_Change-Orders\C0.02\2021-05 CO #2-TrnsmtlWMS.docx Page 391 of 764 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 6/7/2021 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 06.07.2021 Backup Material SUBJECT: Bonds. Page 392 of 764 BONDS FOR COUNCIL APPROVAL June 7, 2021 RIGHT OF WAY CONSTRUCTION BOND 64435158 63108694 IA 594558 IA5566998 58135266 65489770 IA5108920 IA 590430 790069628 IA5561924 IA 594846 62738093 7901006032 2180297 65495359 IA5546394 AAA DRAIN DOCTOR INC. AL GORDON PLUMBING AND HEATING BLACK HAWK CONTRACTING & DEVELOPMENT dba ROOFF DEVELOPMENT LLC CHAD CHIHAK DENNIS C CHRISTENSEN EDWARD WEBSTER HAWKEYE COMMUNITY COLLEGE HOFFMAN & HOFFMAN TRENCHING JQ CONSTRUCTION LLC JUAN ANTONIA GARCIA DURAN LOCAL UNDERGROUND LLC LEROY HARRINGTON/QUICK CONSTRUCTION MANATT'S, INC. MARK A VOGEL MARTINEZ CONCRETE, LLC MIKE DOLAN CONCRETE & MASONRY, INC. PETERSEN CONCRETE CONSTRUCTION LLC PLUMBING DYNAMICS AMOUNT $15,000.00 WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA CEDAR FALLS, IA WATERLOO, IA WATERLOO, IA CEDAR FALLS, IA WASHBURN, IA WATERLOO, IA CENTER POINT, IA WATERLOO, IA BROOKLYN, IA JESUP, IA WATERLOO, IA WATERLOO, IA DYSART, IA CEDAR FALLS, IA ROW BONDS 5/3/2021 Page 1 of 1 Page 393 of 764 CITY OF WATERLOO Council Communication FY 2021 Sidewalk Repair Assessment Program - Zone 1. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 SUBJECT: Motion to receive and file proof of publication notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Property Owner Assessments Page 394 of 764 CITY OF WATERLOO Council Communication Request by St. Martin Land Co., on behalf of CPM Acquisition Corp., for a Site Plan Amendment to the "M- 2,P" Planned Industrial District, for construction of a 140,000 square foot manufacturing/office/warehouse with future additions of 30,000 square feet, for a total of 170,000 square feet of office/warehouse, and a storage yard located across from 2322 Leversee Road. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description ❑ Council P acket u Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material 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 Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by St. Martin Land Co., on behalf of CPM Acquisition Corp., for a Site Plan Amendment to the "M-2,P" Planned Industrial District for construction of a 140,000 square foot manufacturing/office/warehouse with future additions of 30,000 square feet, for a total of 170,000 square feet of office warehouse, and a storage yard located across from 2322 Leversee Road. 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 Approval The applicant is requesting to construct a 140,000 square foot Office/Warehouse with future additions of 30,000 square feet and a storage yard. None N/A Economic Development and Land Use. The request to construct the new office/warehouse/industrial Page 395 of 764 Background Information: development would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Leversee Road which is a collector and will also be served by an extension of East Lake Street which is a local street. There are no recreational trails located near the site and no sidewalks in the area. The area of the proposed development is zoned "M-2,P" Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture zoned in the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. No buffers would be required as a part of this site plan amendment. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. Two homes built in 1910 and industrial development built between 2011 and 2014 are the only developments in the immediate vicinity. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0167F dated July 18, 2011. There is no schools located in the vicinity of the request. The nearest open space is Big Woods Lakes Recreation area located 1/2 mile to the west and George Wythe State Park is located 1.79 miles to the south. Utilities are being extended into the area. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is proposing to build a 140,000 SF Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Manufacturing/Office/Warehouse plus a storage yard in the Waterloo Air and Rail Park. The site plan shows 107 parking spaces. Warehouses require 1 space for each two person regularly employed on the premises and the office space which is 20,000 square feet will require 1 parking space for each 300 square feet of floor area which translates to 66 parking spaces. 5 of the parking spaces will be required to be handicapped parking spaces. The building will also have 4 loading docks on the west side of the building and 4 loading docks on the south side of the building and there are 5 additional semi -truck parking spaces shown to the north of the west side Page 396 of 764 Legal Descriptions: loading docks. The warehouse exterior will be metal siding with the office section composed of horizontal metal panels and precast panels. The proposed site plan amendment area is designated as Zone D within the Black Hawk County Waterloo Airport Land Use and Height Overlay Review area. No impacts are anticipated regarding the proposed land use for the building. Therefor all conditions are met. During Tech Review, the fire department noted that if the building is over 30' then there will need to be aerial access which will be addressed in the building permitting process. The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request by St. Martin Land Co on behalf of CPM Acquisition Corp. for a Site Plan Amendment to the "M- 2,P" Planned Industrial District for construction of a 140,000 SF Manufacturing/Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. 4. The request would bring additional industrial development and jobs to the city. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. The West % of the Southwest'/4 of Section 32, Township 90 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa except road. Page 397 of 764 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: May 11, 2021 Request by St. Martin Land Co on behalf of CPM Acquisition Corp. for a Site Plan Amendment to the "M-2,P" Planned Industrial District for construction of a 140,000 SF Manufacturing/Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road. St. Martin Land Company, 115 3rd Street #806, Cedar Rapids, IA 52401 The applicant is requesting to construct a 140,000 square foot Office/Warehouse with future additions of 30,000 square feet and a storage yard. The request to construct the new office/warehouse would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Leversee Road which is a collector and will also be served by an extension of East Lake Street which is a local street. RELATIONSHIP TO There are no recreational trail located near the site and no RECREATIONAL sidewalks in the area. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: The area of the proposed plat is zoned "M-2,P" Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport and farmland zoned "M- 2,P" Planned Industrial District East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture zoned in the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. No buffers would be required as a part of this site plan amendment. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department SPA -Across from 2322 Leversee Road Page 1 of Page 398 of 764 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: May 11, 2021 for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. A home built in 1910 and industrial development built between 2011 and 2014 are the only developments in the immediate vicinity. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0167F dated July 18, 2011 There is no schools located in the vicinity of the request. The nearest open space is Big Woods Lakes Recreation area located 1/2 mile to the west and George Wythe State Park is located 1.79 miles to the south. Utilities are being extended into the area. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is proposing to build a 140,000 SF Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Manufacturing/Office/Warehouse plus a storage yard in the Waterloo Air and Rail Park. The site plan shows 107 parking spaces. Warehouses require 1 space for each two person regularly employed on the premises and the office space which is 20,000 square feet will require 1 parking space for each 300 square feet of floor area which translates to 66 parking spaces. 5 of the parking spaces will be required to be handicapped parking spaces. The building will also have 4 loading docks on the west side of the building and 4 loading docks on the south side of the building and there are 5 additional semi -truck parking spaces shown to the north of the west side loading docks. The warehouse exterior will be metal siding with the office section composed of horizontal metal panels and precast panels. The proposed site plan amendment area is designated as Zone D within the Black Hawk County Waterloo Airport Land Use and Height Overlay Review area. No impacts are SPA -Across from 2322 Leversee Road Page 2 of Page 399 of 764 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: May 11, 2021 anticipated regarding the proposed land use for the building. Therefor all conditions are met. During Tech Review, the fire department noted that if the building is over 30' then there will need to be aerial access which will be addressed in the building permitting process. The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request by St. Martin Land Co on behalf of CPM Acquisition Corp. for a Site Plan Amendment to the "M-2,P" Planned Industrial District for construction of a 140,000 SF Manufacturing/Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. 4. The request would bring additional industrial development and jobs to the city. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA -Across from 2322 Leversee Road Page 3 of Page 400 of 764 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 LEVERSEE RD W.,DUNKERTON RD G\OZ \\IN c"Z R� \ \14O' 13 S G) �7 7 I SUPl�q WAY7i14 m [11' RIITTFRNI IT I N HAZELWOOD LN 2sv LE 0 -< a^ LAKERT;.z ; (oz M-11C; Z WAIRLINE HWY M-1 �MIDPORT BLVD— J m eL Q GERP �0INE RD BROAD/4,4 y ST Across from 2322 Leversee Road Site Plan Amendment to "M-2,P" St. Martin Land Co Page 401 of 764 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 Waterloo Regional Airport Location of Proposed Office/Warehouse Future Extension of East Lake Street Across from 2322 Leversee Road Site Plan Amendment to "M-2,P" St. Martin Land Company Page 402 of 764 SITE PLAN Scale: 1" = 200'-O" LONE TREE ROAD • 403 of 764 WARP DRIVE EXTENSION PROPOSED ADDITION 10,000 SF 80'X125' 9.96 ACRES (434,000 SF) PROPOSED ADDITION 20,000 SF 80'X250' 20 ACRES (871,200 SF) ROPOSED UILDING 120,000 SF 480'X250' E LAKE STEET (FUTURE EXTENSION) ARCHITECTURE P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com ©Copyright 2021 Drowings & specifications, ideas, designs, & arrangements represented ore & sholl remain the property of the architect & no pad shall be copied or disclosed to others a used in connection with any wok a project other than the specified project fa which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall censtitute conclusive evidence of acceptance of these restrictions. E 0a U� a> •c C CD co J as 0 •apL Q L LL Waterloo, Iowa A1.0 Date: April 19, 2021 St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloo' Iowa NORTH ELEVATION SOUTH ELEVATION EAST ELEVATION SIGNAGE WEST ELEVATION Page 404 of 764 ARCIIII[CIUR[ T.O. WALL T.O. WALL +23'-0"------ OT.O. WALL _ _ ,' ACM PANELS, TYP. AikkMAIN FLOOR CORRUGATED MTL. PANELS, TYP. St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloos Iowa PREFIN. SHT. MTL. COPING, TYP. PEMB PANELS, TYP BLACK ANODIZED STOREFRONT BLACK ANODIZED ALUM. DOOR & FRAMING & THERMAL GLAZING, TYP. STOREFRONT FRAMING, TYP. BLACK ANODIZED ALUM. WINDOW FRAMING & THERMAL GLAZING, TYP. WEST ELEVATION ACM PANELS, TYP. PRECAST PANELS, TYP. ACM PANELS, TYP. Page 405 of 764 ARCHITECTURE PEMB PANELS, TYP. 1 St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloos Iowa PRECAST PANELS, TYP. CORRUGATED MTL. PANELS, TYP. BLACK ANODIZED ALUM. DOOR & STOREFRONT FRAMING, TYP. ACM PANELS, TYP. NORTH ELEVATION T.O. WALL +32'-0" PREFIN. SHT. MTL. COPING, TYP. ---------------T,o_WALL +23'-0' - - -- --T.O. WALL _ +22'-0" ACM PANELS, TYP. BLACK ANODIZED STOREFRONT FRAMING & THERMAL GLAZING, TYP. MAIN FLOOR 0'-0' Page 406 of 764 ARCflII[CJUR[ St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloos Iowa T.O. WALL PREFIN. SHT. MTL. COPING, TYP. PRECAST PANELS, TYP. ALkT.O. WALL - - - - - - T.O. WALL - - CORRUGATED MTL. PANELS, TYP. - ACM PANELS, TYP. BLACK ANODIZED STOREFRONT FRAMING W/ THERMAL GLAZING, TYP. MAIN FLOOR +0._0.. ACM PANELS, TYP. PREFIN. SHT. MTL. COPING, TYP. PEMB PANELS, TYP. SOUTH ELEVATION BLACK ANODIZED ALUM. DOOR & STOREFRONT FRAMING, TYP. Page 407 of 764 ARCHITECTURE Site Plan Amendment — Across from 2322 Leversee Road Looking north from East Lake Street. Looking northeast from Leversee Road and East Lake Street. Page 408 of 764 Looking east along East Lake Street right-of-way. Looking north along Leversee Road. Page 409 of 764 Looking at home across from location of Site Plan Amendment. Looking west along East Lake Street. Page 410 of 764 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment 1%EL✓ Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: 11•ct�1 a. Applicant's name (please print): & (l/ . rsN t.4N9 (o.4ip.4vy,, L'k o,.L.lCPi"1 Acav5rne-✓ (c.P Address: RS 3" 67- #dub Phone: 3tq-3e1-gbSY Fax: City: Cct Rh) r �1 State: TA Zip: S`l /bi Email: nick . tt.i �- C .S/w,�;�{,' k %/catty: c ��•-, b. Status of applicant: (a) Owner (b) Other at (CHECK ONE): If other explain: Srit/1n 1M' As 0 Lc P t; a es.J ut ,. Cek"l L6-555a c. Property owner's name if different than above (please print): City of wR«RGc Address: TS' MVLTia7" Y St Phone: 3iy -ail- 6iy/ Fax: City: W/RT c, State: IA Zip:$'u"c �� 3 Email: *-1 AK tevs'c--c LIcA4LY/oc Ic , of, 2. PROPERTY INFORMATION: a. General location of site plan to be amended: AfelkT1 OF437- C$RNGA cr L u.1.41S<E Rt ,4^J9 • L � TiLEg-- CFutua.6 R.,-,h0 . b. Legal description of property or portion to be amended: Wh11 Rtut 1t(4, AND R .41c- P4cke ADD ITrcN t LbT ht¢6s) Avvl t.oTs (le 4-ce6S1 c. Dimensions of proposed site plan amendment: t.T `( Cr /ecc' ,� 875'' ac ket Loy S Cv. ARK 56": d. Area of proposed site plan amendment: t.c 4- 4cQ 6S ; Lor S- - /c 4cA 675 e. Current zoning: ) i rol..Gratett— f. Reason(s) for site plan amendment and proposed use(s) of property: 75 5vEctcvaT L=�s�FiI,FL DIA%t ,43,s1Gitir- / ,tlnw CP*t* FiCts►r7— OFrlCE eZb&),aa9alk re/w(44% g. Conditions (if any) agreed to (does not affect existing conditions unless specified): $� h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning .ramming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned a Zoning Officials to enter the pro rty in question in regards to the request. Signature of Applicant .1.m . t _ - 12, Zf Date Signature of Owner Date Page 411 of 764 The West 1/2 of the Southwest % of Section 32, Township 90 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa except road. Page 412 of 764 CITY OF WATERLOO Council Communication FY 2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. 1040. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description D Bid Tabulation D Contract D Contract (signed) D Performance Bond D Certificate of Insurance SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material Backup Material Backup Material Backup Material Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING- No comments on file. Resolution approving plans, specifications, form of contract etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Black Hawk Roof Company of Cedar Falls, Iowa, in the amount of $116,400, approving contract, bonds, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facility/Project Manager Approve Contract and authorize the Mayor and City Clerk to sign This project consists of the replacement of the ballast rubber roof system on the Southeast and Southwest roof sections at Young Arena with single ply membrane roof system. $116,400 Young Arena G.O. Bond Funds This project is consistent with Strategic Plan #4.5 Quality of Place Page 413 of 764 Bid Tab FY 2021 Young Arena Southeast and Southwest Roof Replacement Project Contract No. 1040 Bid Opening: May 20, 2021 Estimate: $133,300 Bidder Bid Security Bid Amount Base 1: $58,900 Base 2: $66,900 Black Hawk Roof Company Cedar Falls, IA 5% Alt 1: $600 Alt 2: $4,400 Alt 3: $5,000 Base 1: $74,280 Service Roofing Co. ° Base 2: $57,400 Waterloo, IA 5 /° Alt 1: $330 Alt 2: $1,855 Alt 3: $2,000 Base 1: $113,900 Imperial Roof Systems, Co. Base 2: $$9,000 West Union, IA ° 5 /° Alt 1: ,850 Alt 2: $7,400 Alt 3: $7,400 Page 414 of 764 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For FY2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. 1040 This Contract made and entered into this 7nd day of June 2021, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Black Hawk Roof Company of Cedar Falls, Iowa hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. 1040 described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond f. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, CONTRACT page 1 of 2 Page 415 of 764 depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. In no event, shall Contractor be liable for any claims for loss of ad revenue. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor for Base Bid 1: Southeast Roof Section, Base Bid 2: Southwest Roof Section and accepts alternates 2 and 3: Sum of One Hundred and Sixteen Thousand, Four Hundred Dollars ($116,400.00) City of Waterloo, Iowa Quentin Hart, Mayor Kelley Felchle, City Clerk Contractor: Black Hawk Roof Company Wei3OKam, Name/Title Mike Kerker Sr PM Approved by the City Council of the City of Waterloo, Iowa, this 7nd day of June 2021 ATTEST: City Clerk CONTRACT page 2 of 2 Page 416 of 764 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For FY2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. 1040 This Contract made and entered into this 7nd day of June 2021, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Black Hawk Roof Company of Cedar Falls, Iowa hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. 1040 described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond f. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, CONTRACT page 1 of 2 Page 417 of 764 depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. In no event, shall Contractor be liable for any claims for loss of ad revenue. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor for Base Bid 1: Southeast Roof Section, Base Bid 2: Southwest Roof Section and accepts alternates 2 and 3: Sum of One Hundred and Sixteen Thousand, Four Hundred Dollars ($116,400.00) City of Waterloo, Iowa Quentin Hart, Mayor Kelley Felchle, City Clerk Contractor: Black Hawk Roof Company Wei3OKam, Name/Title Mike Kerker Sr PM Approved by the City Council of the City of Waterloo, Iowa, this 7nd day of June 2021 ATTEST: City Clerk CONTRACT page 2 of 2 Page 418 of 764 1%\ MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) P.O. Box 14498, DES MOINES, IA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Performance Bond CONTRACTOR: (Name, legal status and address) Black Hawk Roof Company, Inc. 619 E 19th Street Waterloo, IA 50703 OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: June 2, 2021 Amount: $116,400.00 Bond No. 1AC592113 SU RETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) 6700 Westown Parkway, West Des Moines, IA 50266 Description: (Name and location) FY2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. BOND Date: June 3, 2021 (Not earlier than Construction Contract Date) Amount: $116,400.00 Modifications to this Bond: ❑ None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Black Hawk Roof Company, Inc. ❑ See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or 1040 other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. SURETY Company: (Corporate Seal) Merchants, Bonding Cprppany (Mutual) Signature: 7./d/l ?. Signature: Name Mike Kerker Name Katie A McGlaun and Title: Senior Project Manager and Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: The Accel Group LLC 301 Oak Ridge Circle Waverly, IA 50677 319-365-8611 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party') Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312-Performance Bond-2010 edition. CON 0656 (2/15) 1 Page 419 of 764 7 Page 420 of 764 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obiligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3. the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract: § 5.2 Undertake to perform and complete the Construction Contract itself through its agents or independent contractors: § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4 and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. CON 0656 (2/15) 2 Page 421 of 764 § 7 If the Surety elects to act under Section 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5: and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 3 CON 0656 (2/15) Page 422 of 764 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: 4 CON 0656 (2/15) Page 423 of 764 MERCHAN BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Payment Bond CONTRACTOR: (Name, legal status and address) Black Hawk Roof Company, Inc. 619E 19th Street Waterloo, IA 50703 OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: June 2, 2021 Amount: $1 1 6,400,00 Bond No. IAC592113 SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) 6700 Westown Parkway, West Des Moines, IA 50266 Description: (Name and location) FY2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. BOND Date: June 3, 2021 (Not earlier than Construction Contract Date) Amount: $116,400.00 Modifications to this Bond: ❑ None ❑ See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Black Hawk Roof Company, Inc. Signature: 7/n-» Q A-- Name Mike Kerker and Title: Senior Project Manager SURETY Company: Merchants Signature: Name Katie A McGlaun and Title: Attorney -In -Fact This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or 1040 other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. (Corporate Seal) onding Co an (Mutual) (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: The Accel Group LLC 301 Oak Ridge Circle Waverly, TA 50677 319-365-8611 OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) Printed in cooperation with American Institute of Architects (AIA), The language in this document conforms exactly to the language used in AIA Document A312-Payment Bond-2010 edition, CON 0656 (2/15) Page 424 of 764 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3., the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed: and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 6 CON 0656 (2/15) Page 425 of 764 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2. or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract: .4 a brief description of the labor, materials or equipment furnished: .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract: .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim: .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil. gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 7 CON 0656 (2/15) Page 426 of 764 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: CON 0656 (2/15) 8 Page 427 of 764 MERCHA 1 S�� 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, Katie A McGlaun their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) 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 Attomeys-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." 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 Attomey-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 3rd day of June , 2021 • ..•$,5101Ygt :A Z COC.;OS Rq�Qoy� v.: 2003 4, :,•d, •.�a..s STATE OF IOWA •�......"..... COUNTY OF DALLAS ss. .. OG • Co'. . • ••v ).•��Z• i�:2 -0- 0 •z: :3. •a: 1933 : e• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 3rd day of June 2021 , before me appeared Larry Taylor, to me personally known, who being by me duly swom 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. POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 (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. i'ti-a.So� Notary Public In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3rd day of June , 2021 . .... .••P(1.... 1Yg4 ••.... LNG Cod• elop;••o: ▪ RQ9 9• 's'✓ 's = 2003� : y 1933 = •e: Secretary • • POA 0018 (1/20) For bond verification contact verify@merchantsbonding.com Page 428 of 764 i BLACHAW-01 KMCGLAUN '4comb CERTIFICATE OF LIABILITY INSURANCE �� DATE D/YYYY) 6/3/2/3/2021 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 The Accel Group LLC 301 Oak Ridge Circle Waverly, IA 50677 CONTACT NAME: PHONE (A/c, No, Ext): (319) 352-2880 FAX No): (319) 365-6919 ADDRESS: certs@acceladvantage.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: West Bend Mutual Insurance Co. 15350 INSURED Black Hawk Roof Co 619 E 19th Street Cedar Falls, IA 50613 INSURER B : Evanston Insurance Company 35378 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY A405701 3/1/2021 3/1/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGETORENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE X LIMIT APPLIES PECOT- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED UUO A405701 3/1/2021 3/1/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY )AMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE A405701 3/1/2021 3/1/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 X DED RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N „ N / A A423036 3/1/2021 3/1/2022 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Pollution CPLMOL105500 3/1/2021 3/1/2022 Ea. Occ/Agg Limit 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Cityof Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 430 of 764 CITY OF WATERLOO Council Communication FY 2021 Westdale Bioswale Project, Contract No. 997. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Page 431 of 764 FY 2020 Westdale Bioswale, Contract No. 997 Bid Tab Estimate: $355,264.50 Bidder Bid Security Bid Amount Vieth Construction Cedar Falls, IA 5% $296,228.80 Benton's Sand & Gravel Cedar Falls, IA 5% $319,172.00 Lodge Construction, Inc. Clarksville, IA 5% $266,944.00 Page 432 of 764 CITY OF WATERLOO Council Communication FY 2021 Westdale Bioswale Landscaping Project, Contract No. 1048. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type u Bid Tabulation Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. No bids received. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Page 433 of 764 FY 2020 Westdale Bioswale Landscaping, Contract No. 1048 Engineer's Estimate: $37,290.00 Bidder Bid Security Bid Amount No Bids Received Page 434 of 764 CITY OF WATERLOO Council Communication FY 2021 Upton Avenue and Carriage Hill Drive Stormwater Improvements Project, Contract No. 1010. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Expenditure Required: Engineer's estimate: $422,099.13 Source of Funds: Stormwater Page 435 of 764 FY21 Upton Avenue & Carriage Hill Dr. Stormwater Improvements, Contract No. 1010 Bid Tab Estimate: $422,099.13 Bidder Bid Security Bid Amount Vieth Construction Cedar Falls, IA 5% $333,224.75 Lodge Construction, Inc. Clarksville, IA 5% $312,862.50 Baker Enterprises, Inc. Waverly, IA 5% $349,416.00 Peterson Contractors, Inc. Reinbeck, IA 5% $320,463.00 Page 436 of 764 CITY OF WATERLOO Council Communication FY 2021 Sidewalk and Trail Repair Program, Contract No. 1044. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Engineer's Bid Estimate Backup Material ❑ Bid Tabulation Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Brock Even Construction, LLC of Jesup, Iowa, in the amount of $151,443.33, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Sidewalk and Trail Repair Program, Contract No. 1044, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: G.O. Bonds Page 437 of 764 FY 2021 SIDEWALK & TRAIL REPAIR PROGRAM - ZONE 1, CONTRACT NO. 1044 BID TAB BID OPENING: MAY 20, 2021 DIVISION 1 - CITY PROPERTIES ITEM NO. SUDAS ITEM NUMBER BID ITEM UNIT EST. QTY. ENGRS EST. UNIT COST ENGRS EST. ITEM COST MIDWEST UNIT COST MIDWEST ITEM COST EVEN UNIT COST EVEN ITEM COST 1 7030-108-A-0 REMOVE SIDEWALK SF 2,430.6 $ 3.54 $ 8,604.32 $ 3.00 $ 7,291.80 $ 3.30 $ 8,020.98 2 7030-108-E-0 SIDEWALK, PCC, 4" SF 549.5 $ 7.35 $ 4,038.83 $ 9.00 $ 4,945.50 $ 6.50 $ 3,571.75 3 7030-108-E-0 SIDEWALK, PCC, 6" SF 1,881.1 $ 8.98 $ 16,892.28 $ 10.00 $ 18,811.00 $ 7.20 $ 13,543.92 4 6010-108-E-0 MANHOLE BOXOUT EACH 1.0 $ 600.00 $ 600.00 $ 550.00 $ 550.00 $ 2,000.00 $ 2,000.00 5 6010-108-E-0 MINOR MANHOLE ADJUSTMENT EACH 1.0 $ 1,250.00 $ 1,250.00 $ 550.00 $ 550.00 $ 400.00 $ 400.00 6 SP# 01 EROSION & SEDIMENT CONTROL LS 1.0 $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 300.00 $ 300.00 7 8030-108-A-0 TRAFFIC CONTROL LS 1.0 $ 1,000.00 $ 1,000.00 $ 10,000.00 $ 10,000.00 $ 1,500.00 $ 1,500.00 DIVISION 1 TOTAL $ 35,385.43 $ 47,148.30 $ 29,336.65 DIVISION 2 - ADA RAMP REPAIRS ITEM NO. SUDAS ITEM NUMBER BID ITEM UNIT EST. QTY. ENGRS EST. UNIT COST ENGRS EST. ITEM COST MIDWEST UNIT COST MIDWEST ITEM COST EVEN UNIT COST EVEN ITEM COST 1 7030-108-A-0 REMOVE SIDEWALK SF 3,669.8 $ 3.54 $ 12,991.09 $ 3.00 $ 11,009.40 $ 3.30 $ 12,110.34 2 7030-108-E-0 SIDEWALK, PCC, 4" SF 1,654.8 $ 7.35 $ 12,162.78 $ 9.00 $ 14,893.20 $ 6.50 $ 10,756.20 3 7030-108-E-0 SIDEWALK, PCC, 6" SF 1,836.0 $ 8.98 $ 16,487.28 $ 10.00 $ 18,360.00 $ 7.20 $ 13,219.20 4 SP# 02 SIDEWALK CURB LF 26.6 $ 12.50 $ 332.50 $ 30.00 $ 798.00 $ 20.00 $ 532.00 5 7030-108-G-0 DETECTABLE WARNING SURFACE SF 336.0 $ 45.00 $ 15,120.00 $ 40.00 $ 13,440.00 $ 70.00 $ 23,520.00 6 7030-108-B-0 SAW CUT, 1/2" CURB OPENING LF 111.8 $ 15.00 $ 1,677.00 $ 30.00 $ 3,354.00 $ 70.00 $ 7,826.00 7 7040-108-1-0 REMOVE CURB & GUTTER LF 179.4 $ 15.75 $ 2,825.55 $ 15.00 $ 2,691.00 $ 14.00 $ 2,511.60 8 7010-108-E-0 CURB & GUTTER, 24", 6" LF 83.5 $ 34.00 $ 2,839.00 $ 45.00 $ 3,757.50 $ 50.00 $ 4,175.00 9 7010-108-E-0 CURB & GUTTER, 24", 9" LF 78.2 $ 59.50 $ 4,652.90 $ 50.00 $ 3,910.00 $ 55.00 $ 4,301.00 10 7010-108-E-0 CURB & GUTTER, 24", 12" LF 17.7 $ 76.50 $ 1,354.05 $ 75.00 $ 1,327.50 $ 60.00 $ 1,062.00 11 7040-108-H-0 REMOVE PAVEMENT SF 56.7 $ 5.00 $ 283.50 $ 15.00 $ 850.50 $ 3.30 $ 187.11 12 7040-108-A-0 PAVEMENT, HMA, 6" SF 56.7 $ 20.22 $ 1,146.47 $ 16.00 $ 907.20 $ 7.40 $ 419.58 13 2010-108-E-0 EXCAVATION, CLASS 10 SF 1,929.2 $ 2.25 $ 4,340.70 $ 2.00 $ 3,858.40 $ 3.10 $ 5,980.52 14 9010-108-C-0 HYDROSEEDING SF 1,929.2 $ 1.70 $ 3,279.64 $ 1.00 $ 1,929.20 $ 0.80 $ 1,543.36 15 SP# 01 EROSION & SEDIMENT CONTROL LS 1.0 $ 4,500.00 $ 4,500.00 $ 2,000.00 $ 2,000.00 $ 300.00 $ 300.00 16 8030-108-A-0 TRAFFIC CONTROL LS 1.0 $ 7,500.00 $ 7,500.00 $ 3,500.00 $ 3,500.00 $ 2,000.00 $ 2,000.00 17 SP # 03 GUTTER DOWNSPOUT LS 1.0 $ 200.00 $ 200.00 $ 1,000.00 $ 1,000.00 $ 150.00 $ 150.00 DIVISION 2 TOTAL $ 91,692.47 $ 87,585.90 $ 90,593.91 DIVISION 3 - TRAIL REPAIRS ITEM NO. SUDAS ITEM NUMBER BID ITEM UNIT EST. QTY. ENGRS EST. UNIT COST ENGRS EST. ITEM COST MIDWEST UNIT COST MIDWEST ITEM COST EVEN UNIT COST EVEN ITEM COST 1 7030-108-A-0 REMOVE SIDEWALK SF 211.0 $ 3.54 $ 746.94 $ 3.00 $ 633.00 $ 3.30 $ 696.30 2 7030-108-E-0 SIDEWALK, PCC, 6" SF 211.0 $ 8.98 $ 1,894.78 $ 10.00 $ 2,110.00 $ 7.20 $ 1,519.20 3 SP# 01 EROSION & SEDIMENT CONTROL LS 1.0 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 300.00 $ 300.00 4 8030-108-A-0 TRAFFIC CONTROL LS 1.0 $ 250.00 $ 250.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 DIVISION 3 TOTAL $ 3,391.72 $ 5,243.00 $ 4,015.50 DIVISION 4 - SIDEWALK INFILL ITEM NO. SUDAS ITEM NUMBER BID ITEM UNIT EST. QTY. ENGRS EST. UNIT COST ENGRS EST. ITEM COST MIDWEST UNIT COST MIDWEST ITEM COST EVEN UNIT COST EVEN ITEM COST 1 7030-108-A-0 SIDEWALK REMOVAL SF 228.0 $ 3.54 $ 807.12 $ 3.00 $ 684.00 $ 3.30 $ 752.40 2 7030-108-E-0 SIDEWALK, PCC, 4" SF 2,254.4 $ 7.35 $ 16,569.84 $ 9.00 $ 20,289.60 $ 6.50 $ 14,653.60 3 7030-108-E-0 SIDEWALK, PCC, 5" SF 204.3 $ 8.17 $ 1,669.13 $ 9.50 $ 1,940.85 $ 6.90 $ 1,409.67 4 7030-108-E-0 SIDEWALK, PCC, 6" SF 286.0 $ 8.98 $ 2,568.28 $ 10.00 $ 2,860.00 $ 7.20 $ 2,059.20 5 7030-108-G-0 DETECTABLE WARNING DEVICE SF 40.0 $ 45.00 $ 1,800.00 $ 40.00 $ 1,600.00 $ 70.00 $ 2,800.00 6 9010-108-C-0 HYDROSEEDING SF 2,250.0 $ 1.70 $ 3,825.00 $ 1.00 $ 2,250.00 $ 0.80 $ 1,800.00 7 7030-108-B-0 SAW CUT, 1/2" CURB OPENING LF 21.0 $ 15.00 $ 315.00 $ 30.00 $ 630.00 $ 70.00 $ 1,470.00 8 8030-108-A-0 TRAFFIC CONTROL LS 1.0 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 9 SP # 01 EROSION & SEDIMENT CONTROL LS 1.0 $ 2,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 300.00 $ 300.00 10 7030-108-A-0 SIDEWALK REMOVAL SF 228.0 $ 3.00 $ 684.00 $ 3.30 $ 752.40 DIVISION 4 TOTAL $ 32,554.37 $ 34,438.45 $ 27,497.27 DIVISION 1, 2, 3, AND 4 TOTAL $ 163,023.98 $ 174,415.65 $ 151,443.33 DIVISION 1, 2, 3, AND 4 TOTAL - CORRECTED $ 173,731.65 $ 150,690.93 NOTE: Item No. 10 in Division 4 - Sidewalk Infill, does not exist in the plan set. This item was inadvertently added into the bid form during the creation of the specifications. This item is shown on this bid tab to represent the received bids, but will not be included in the contract amount. Page 438 of 764 Sidewalk & Trail Repair Program, Zone 1 Contract No. 1044 Bid Opening: May 20, 2021 Bidder Bid Security Bid Amount Midwest Concrete, Inc. Peosta, IA 5% $174,415.65 Brock Even Construction, LLC Jesup, IA 5% $151,443.33 Page 439 of 764 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property formerly 322 and 326 Crescent Place to Willie Outlaw, in the amount of $1.00, with a Development Agreement for the construction of a new garage. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description Type ❑ Aerial Map Backup Material ❑ Development Agreement Backup Material SUBJECT: Submitted by: 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 Willie Outlaw in the amount of $1.00, for properties formerly known as 322 and 326 Crescent Place, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The properties that were formerly 322 and 326 Crescent Place were acquired through Iowa Code 657A in 2014 by the City of Waterloo. The City demolished the homes in 2019 and the applicant has maintained the properties for several years as they sat vacant and abandoned in attempt to Summary S tatement: keep the volunteer trees and weeds from spreading to there property. The applicants have indicated a desire to acquire the lots to construct a new detached garage. The developer must obtain a building permit and begin construction of the improvements within four years and six months after conveyance of the property. The development agreement does have reverter of title information within it. Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of 657A vacant lots/Nuisance Abatement Legal Descriptions: Calumet Subdivision Lots 5 and 6 and the West 1/2 of Lot 7, Block 3, Waterloo, Black Hawk County, Iowa. Page 440 of 764 Citij of Waterloo, Iowa 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, lA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2021, by and between Willie Outlaw ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property on Crescent Place identified as parcel nos. 8913-23-276-015 and 8913-23-276-014, legally described as set forth on Exhibit "A" attached hereto (the "Property"). Developer is the owner of real property at 330 Crescent Place, abutting the Property on the west side, and desires to acquire the Property to expand his residential area. City considers 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 placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City. 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 Developer 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) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not Page 442 of 764 remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement without further obligation. 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 Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall construct, at his sole option within timeline, to a finished state, including installation of driveway, 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 collectively 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. Developer shall submit building designs for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. 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. Developer will be responsible to clear trees and brush from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer'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), Developer must obtain a building permit and begin construction of the Improvements within four (4) years and six (6) months after conveyance of the Property (the "Project Start Date") and must Substantially Complete construction of same within sixty (60) months after conveyance of the Property (the "Completion Deadline"). 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 Developer has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. If 2 Page 443 of 764 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 Completion Deadline. 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 Developer (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Completion Deadline 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 10, title to the Property shall revert to the City, and City shall have no further obligation hereunder with respect to such Project, nor any duty to compensate Developer for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Developer 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, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, 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 Property. 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 of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal 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. 4.1. Purchase Option. In lieu of reverter of title as described in Sections 3 and 4 above, Developer shall have the option to purchase the Property by delivering to City a written notice of option exercise within thirty (30) days after City's demand for a 3 Page 444 of 764 deed pursuant to Section 4. The purchase price reflects reimbursement to City for its carrying costs for the Property, including but not limited to acquisition, demolition, insurance and maintenance, and shall be an amount equal to $12,000 minus an annual credit to Developer for Property maintenance of $1,000 for each year of this Agreement, not to exceed five (5) years. The transaction shall close within an additional thirty (30) days after Developer's delivery of notice of option exercise, and Developer shall pay the full purchase price to City in guaranteed funds at closing. 5. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. 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. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or any part thereof 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 Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. B. Developer 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 Developer. 4 Page445of764 C. After the date of conveyance of the Property, Developer will keep Tots mowed and remove snow from sidewalks to a standard no less than that required by City ordinances. D. Developer 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. 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 Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer 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. 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. E. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer 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. 5 Page 446 of 764 10. 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 for recovery of any sums paid by City to Developer 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 Developer 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. 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. 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 or its directors, officers, employees, contractors 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. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set 6 Page 447 of 764 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. 13. 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. 14. 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. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid, and add ressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Developer, at 330 Crescent Place, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 16. 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. 17. 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 7 Page 448 of 764 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. 18. 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. 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, 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. CITY OF WATERLOO, IOWA Quentin M. Hart, MayorWillie Outlaw Attest: Kelley Felchle, City Clerk 8 Page 449 of 764 EXHIBIT "A" Property Description CALUMET SUBDIVISION LOT 5 BLK 3 and CALUMET SUBDIVISION LOT 6 BLK 3 W 1/2 LOT 7 BLK 3 Page 450 of 764 Page 451 of 764 CITY OF WATERLOO Council Communication Resolution approving the Experience Waterloo board recommendation for funding in the Partner and Event Hotel/Motel Tax Grant funds for FY 2022. City Council Meeting: 6/7/2021 Prepared: 6/1/2021 ATTACHMENTS: Description Type ❑ Council Communication Backup Material ❑ Grant Recommendation Backup Material SUBJECT: Submitted by: Resolution approving the Experience Waterloo board recommendation for funding in the Partner and Event Hotel/Motel Tax Grant funds for FY 2022. Submitted By: Tavis Hall, Executive Director of Waterloo Convention and Visitors Bureau Recommended Action: Approve board recommendation. Summary Statement: Source of Funds: Alternative: The Experience Waterloo board has reviewed ten requests and recommending funding for Event Grant applicants for the 1st and 2nd quarter of Fiscal Year 2022, and has recommended funding ten event applications for a total amount of $76,430 (in comparison, the Experience Waterloo Board recommended funding $186,267 in FY21). A spreadsheet showing the information about the applications, recommended award, economic impact and return on investment for each event, is attached for Council review. The total economic impact of these events projects to generate $8,267,011.00, using an economic impact calculator developed for Convention and Visitors Bureaus by Destination International and Oxford Economics. The figures are generated from both visitor and event organizer spending. The Experience Waterloo board has reviewed six applications for funding in the Partner Grant fund for Fiscal Year 2022, and has recommended funding all six, for a total Partner Grant award of $41,000. Applicants were made award prior to application that available funds would be less than typical years due to the impacts of COVID-19 on travel and hotel occupancy. Hotel -motel tax grant funds for FY22 (generated in FY20, collected in full by early FY21). If these events are not able to be held due to COVID-19, the funds will not be available to the event hosts. If there are material changes to their event, including change in orientation resulting in minimal hotel overnights, i.e. an event goes "virtual," the event will not be eligible for these funding. Any unused funds will go back into the hotel -motel reserve fund, to be used for mini -grant applications or other tourism -related uses deemed necessary by the City of Waterloo. Page 452 of 764 Council Communication City Council Meeting: June 7, 2021 Prepared: May 1, 2021 Number of Attachments: 1 Subject: Partner & Event Hotel -Motel Tax Grants FY22 Submitted by: Tavis Hall, Experience Waterloo Recommended City Council Action: Approve Experience Waterloo (Waterloo CVB) board recommendation for funding in the Partner & Event Hotel -Motel Tax Grant funds for FY22. Event Grant Summary Statement: The Experience Waterloo board has reviewed 10 requests & recommending funding for Event Grant applicants for 1st and 2nd quarter of Fiscal Year 2022, and has recommended funding 10 event applications in the total amount of $76,430 (in comparison, the Experience Waterloo Board recommended funding $186,267 in FY21). A spreadsheet showing the information about the applications (recommended award, economic impact & return on investment for each event) is attached for Council review. The total economic impact of these events projects to generate $8,267,011, using an economic impact calculator developed for Convention & Visitors Bureaus by Destination International and Oxford Economics. The figures are generated from both visitor and event organizer spending. Experience Waterloo will have a second round of funding recommendations for Q3 & Q4 FY22. We split this year's funding in an effort to remain competitive with our grant pool, shortening the "lead time" an event needed to submit an application. With so much movement in rescheduling events due to calendar overcrowding as events are "made up" from 2020 cancelations, the Experience Waterloo Board of Directors feels it is important to maintain flexibility when bidding on future events. Capital Grant Summary Statement: The Experience Waterloo board did not review Capital Grants for FY22, in an effort to maximize the available funds in the event pool. Partner Grant Summary Statement: The Experience Waterloo board has reviewed 6 applications for funding in the Partner Grant fund for Fiscal Year 2022, and has recommended funding all 6, for a total Partner Grant award of $41,000. Applicants were made award prior to application that available funds would be less than typical years due to the impacts of COVID-19 on travel and hotel occupancy. Source of Funds: Hotel -motel tax grant funds for FY22 (generated in FY20, collected in full by early FY21) Policy Issue: None Alternative: Do not provide funding or provide alternate funding. Background Information: The Experience Waterloo Board reviewed grant applications for events happening in Q1 & Q2 of FY22. The Experience Waterloo Board scored based on the project's ability to meet the goals of the grant program: 1. Does the project have a significant economic impact / significantly enhance the visitor's experience in Waterloo? 2. Does the project strengthen the perceptions of Waterloo? 3. How important are grant dollars toward ensuring the success of the project? IMPORTANT TO NOTE: If these events are not able to be held due to COVID-19, the funds will not be available to the event hosts. If there are material changes to their event, including change in orientation resulting in minimal hotel overnights, i.e. an event goes "virtual," the event will not be eligible for these funding. Any unused funds will go back into the hotel -motel reserve fund, to be used for mini -grant applications or other tourism -related uses deemed necessary by the City of Waterloo. Page 453 of 764 CITY OF WATERLOO Council Communication Resolution approving a Permanent Easement Agreement with GBG, LLC for two permanent easements of 443 square feet and 413 square feet for the placement of a public sidewalk, located at 1631 Logan Avenue, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/10/2021 ATTACHMENTS: Description ❑ Easement Agreement ❑ Aerial Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material Backup Material Resolution approving a Permanent Easement Agreement with GBG, LLC for two permanent easements of 443 square feet and 413 square feet for the placement of a public sidewalk, located at 1631 Logan Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request for a Permanent Easement Agreement with GBG, LLC for two permanent easements of 443 square feet and 413 square feet for the placement of a public sidewalk, located at 1631 Logan Avenue. GBG, LLC constructed a new doctor's office at the southwest corner of Logan Avenue (Highway 63) and West Louise Street and the land had to be rezoned to do so. A condition of that rezoning was the developer extend a sidewalk along the frontage of West Louise Street and connect it to the recreational trail along Highway 63. Part of the sidewalk goes onto the private property in two locations and the easement is needed for the public sidewalk. There is no compensation for these easements due to it being a condition of the rezoning. None N/A Infrastructure and Complete Streets. DESCRIPTION: PERMANENT EASEMENT 1 FOR SIDEWALKS A PARCEL OF LAND SITUATED IN PART OF PARCEL "G" Page 454 of 764 Legal Descriptions: THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN FILE NUMBER 2019-00004719 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, PARCEL "G" IS LOCATED IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH 89° (DEGREES) 18' (MINUTES) 04" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, A DISTANCE OF 354.52 FEET; THENCE SOUTH 00°31'07" EAST, 25.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "G" WHICH IS ON THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET; THENCE NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT-OF- WAY LINE OF W. LOUISE STREET, 93.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET, 64.43 FEET; THENCE SOUTH 44°28'53" WEST, 11.22 FEET; THENCE SOUTH 89°28'53" WEST, 48.76 FEET; THENCE NORTH 45°31'07" WEST, 10.93 FEET TO THE POINT OF BEGINNING. CONTAINING 443 SQUARE FEET DESCRIPTION: PERMANENT EASEMENT 2 FOR SIDEWALKS A PARCEL OF LAND SITUATED IN PART OF PARCEL "G" THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN FILE NUMBER 2019-00004719 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, PARCEL "G" IS LOCATED IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH 89° (DEGREES) 18' (MINUTES) 04" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, A DISTANCE OF 354.52 FEET; THENCE SOUTH 00°31'07" EAST, 25.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "G" WHICH IS ON THE PRESENT SOUTH RIGHT-OF- WAY LINE OF W. LOUISE STREET; THENCE NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. Page 455 of 764 LOUISE STREET, 216.73 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT- OF-WAY LINE OF W. LOUISE STREET, 24.34 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "G"; THENCE SOUTH 37°37'26" EAST ON THE EAST LINE OF SAID PARCEL "G", 26.62 FEET; THENCE SOUTH 89°58'25" WEST, 14.79 FEET; THENCE NORTH 51°08'36" WEST, 33.15 FEET TO THE POINT OF BEGINNING. CONTAINING 413 SQUARE FEET Page 456 of 764 Prepared by Christopher S. Wendland. P.U. Box 596. Waterloo, EA 50704. Phone (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA, 50703 Attn: Tim Andera PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of , by and between the City of Waterloo, Iowa ("City") and GBG, LLC ("Grantor"). 1 Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as depicted on a plat for permanent easements for sidewalks attached hereto as Exhibit. "B". Grantor acknowledges and agrees that the general public will benefit from the Easement. 2. Purpose. The Easement is intended to allow placement of a public sidewalk on the private property of Grantor. 3. Grantor Duties. Grantor shall construct a sidewalk in and upon the Premises and adjacent real estate lying in the public right of way, in conformity with all applicable specifications and requirements of City ordinances and according to the design set forth in that certain landscape plan prepared by Ritland+Kuiper Landscape Architects and dated 9/26/19, a copy of which Grantor has previously delivered to City. Following completion of the sidewalk, Grantor shall be solely responsible for removal of snow and ice therefrom in compliance with applicable City ordinances and for future repair and maintenance of the sidewalk. 4. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Page 457 of 764 Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GBG, LLC By: Quentin Hart, Mayor Attest: Kelley Fetchle, City Clerk STATE OF IOWA BLACK HAWK COUNTY ) ss. ) Acknowledged before me on as Manager of GBG, LLC. RICHARD R. MORRIS COMMISSION it 106916 MY COMMS ION PRES STATE OF IOWA BLACK HAWK COUNTY ) ) ss. By: Manager 3 202/ by ito /fa S' . 5', G©f-s e Notary Public Acknowledged before me on , by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 458 of 764 EXHIBIT "A" Easement Premises DESCRIPTION: PERMANENT EASEMENT 1 A PARCEL OF LAND SITUATED IN PART OF PARCEL "G" THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN FILE NUMBER 2019-00004719 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, PARCEL "G" IS LOCATED IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH 89° (DEGREES) 18' (MINUTES) 04" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, A DISTANCE OF 354.52 FEET; THENCE SOUTH 00°31'07" EAST, 25.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "G" WHICH IS ON THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET; THENCE NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET, 93.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET, 64.43 FEET; THENCE SOUTH 44°28'53" WEST, 11.22 FEET; THENCE SOUTH 89°28'53" WEST, 48.76 FEET; THENCE NORTH 45°31'07" WEST, 10.93 FEET TO THE POINT OF BEGINNING. CONTAINING 443 SQUARE FEET. DESCRIPTION: PERMANENT EASEMENT 2 A PARCEL OF LAND SITUATED IN PART OF PARCEL "G" THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN FILE NUMBER 2019-00004719 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, PARCEL "G" IS LOCATED IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH 89° (DEGREES) 18' (MINUTES) 04" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, A DISTANCE OF 354.52 FEET; THENCE SOUTH 00°31'07" EAST, 25.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "G" WHICH IS ON THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET; THENCE NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET, 216.73 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 89°18'04" EAST ON THE NORTH LINE OF SAID PARCEL "G" ALSO BEING THE PRESENT SOUTH RIGHT-OF-WAY LINE OF W. LOUISE STREET, 24.34 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "G"; THENCE SOUTH 37°37'26" EAST ON THE EAST LINE OF SAID PARCEL "G", 26.62 FEET; THENCE SOUTH 89°58'25" WEST, 14.79 FEET; THENCE NORTH 51°08'36" WEST, 33.15 FEET TO THE POINT OF BEGINNING. CONTAINING 413 SQUARE FEET. Page 459 of 764 EXHIBIT "B" Plat for Permanent Easements for Sidewalks See attached. Page 460 of 764 DESCRIPTION: PERMANENT EASEMENT 1 FOR SIDEWALKS 2 0 0 X 0 ? - F- i d ° 2D M a d V ci w r w z 4 a O2 �Pd q G z r LL 63O�wrilo � a n+ a � z a�°..rNw' ow= z z orn1gv3 w � D d a o Z D 8 z z; rz ¢ V H o m w y Z � O P 0 D o0 W1-13 R Z lL 2 o y w hh u 5 z `iv� i"'z 5 irfliElD z g J a r V N 00.Qr 9,t 'A4, 0 DESCRIPTIONS PERMANENT EASEMENT2 FOR SItEWAUCS z w F u w z = z = ▪ O r L7 H r o z Qom? ah H F Q• y w -t 17 .� ° 6z z `,4 env oza'�m� ;1J z d a_ a Z r o ✓ 4 0 H N jJ S uuii g z y 22 ro � u r o `" x � � OwV t1O O 3 E O 5 o v P Z Z J 0. z a g o? z 3? r x z r FF d s 4 w N O N 2 m ooFm xHm r o 7 fl m 1 L= Q• � F� O i S 0.� P Z CONTAINING 413 SQUARE FEET. O N 0 8 8 4 5 8 8 8 N 8918'04" E 8 a 8 5 5 5 0 a 0 0 3 5 8 8 0 5 0 8 5 5 z 8 5 5 x 8 4 3 5 5 8 N 4.3'3i'07' W 0 0 0 0 0 g .-3fN3AV NVOOi--- -- —-' --------- E9 AYMHOLH'S'!1 J r-4 Zrw Z p ZW— MW MOX 04 n.W0 3 19651000-1:I0Z ONV £9660000-110Z 'S.ON 311A SNOflISIfDOV 1001 seo M U X W d = ae P wN � W az erg w Et 0 0 N 0 O. • Z W 0 LL02 Page469-of 764 Citij of Waterloo, Iowa 7/17.12 TINL s, \o ' erloo CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $8,000, for professional design fees and related services, in conjunction with the Five Sullivan Brothers Convention Center Skywalk 2020 Project, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/12/2021 ATTACHMENTS: Description Type ❑ Amendment No. 1 - 5 Bros 2020 Skywalk Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $8,000, for professional design fees and related services, in conjunction with the Five Sullivan Brothers Convention Center Skywalk 2020 Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval This amendment is for Professional Design fees pertaining to the Skywalk water leak issues. Page 463 of 764 go A T Document G002 2017 Amendment to the Professional Services Agreement PROJECT: (name and address) 5 Sullivan Brothers Convention Center 2020 Skywalk improvements, Waterloo, [A. OWNER: (name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 AGREEMENT INFORMATION: Date: March 20, 2020 (original contract date) Project No: 19-23770 ARCHITECT: (name and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, [A 50703 AMENDMENT INFORMATION: Amendment Number: 001 Date: May 6, 2021 The Owner and Architect amend the Agreement as follows: Construction Cost Estimate = $75,000 To address water leak issues. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Proposed Professional Design Fee for water leak Schedule Adjustment: issues: $8,000 May 2021 thru August 2021- Work to coincide with the original scope of project: 5 Sallivan Brothers Convention Center Skywalk Improvements SIGNATURES: I & S Group, Inc. (1SG) City of Waterloo ARCHITECT (Firm name) OWNER (Firm name) SIGNATURE Nathan Compton, Architect/Project Manager SIGNATURE Quentin Hart, Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE May6,2021 DATE DATE AIA Document G802' — 2017. Copyright 02000, 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 10:00:21 ET on 0510712021 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 Documentsa Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA34) 1 Page 464 of 764 CITY OF WATERLOO Council Communication Resolution approving the Termination of a Development Agreement and Minimum Assessment Agreement with Village Creek Rentals, LLC, approved by Council November 20, 2017 and filed March 13, 2018 as Doc. No. 208-14847 and later amended agreements dated April 13, 2020, and filed May 12, 2020 as Doc. No. 2020- 19656, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description ❑ Original Development Agreement u Amendment to Development Agreement ❑ Termination to DA SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Backup Material Backup Material Backup Material Resolution approving the Termination of a Development Agreement and Minimum Assessment Agreement with Village Creek Rentals, LLC, approved by Council November 20, 2017 and filed March 13, 2018 as Doc. No. 208-14847 and later amended agreements dated April 13, 2020, and filed May 12, 2020 as Doc. No. 2020-19656, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval of Termination The Developer is unable to fulfill the original development agreement due to rising costs from the pandemic. The developer will deed the lots back to the city and then will be reimbursed $10,000 for their initial purchase of the lots. $10,000 Nuisance bonds Land Use Not approve Lot 6, Block 16 Downing Place, City of Waterloo, Iowa (1005 Chalmers Avenue, Waterloo) Also: Lot 7 Block 16, Downing Place, City of Waterloo, Iowa (1017 Chalmers Avenue, Waterloo) Also: A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 Page 465 of 764 Legal Descriptions: degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. Page 466 of 764 §gg 11 di'f1+7 mn 111111 YI Y ui N u Doc ID: 008351550017 Type GEN Recorded: 03/13/2018 at 12:20:55 PM Fee Amt: $87.00 Page 1 of 17 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2018-00014847 Prepar r Information. Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of /6/ 16Lvdp, , 2017 by and between Village Creek Rentals, LLC ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct a single-family or two-family home and related improvements on property located at 1005 and 1017 Chalmers Avenue and parcel 8913-22-153-031, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Developer for the sum of $15,001.00 (the "Purchase Price"), allocated as $5,000.00 for each of 1005 Chalmers, 1017 Chalmers, and the Upton East Parcel (defined below), and $1.00 for the Upton West Parcel (defined below). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does 61, 00 X} Page 467 of 764 File Number: 2018-00014847 gel: 1 DEVELOPMENT AGREEMENT Page 2 not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is mutually agreeable to the parties, but in any event not less than 14 days after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will make the following improvements upon the Property. For purposes of this Section 2, the two lots on Chalmers Avenue are referred to as the "Chalmers Lots", the east side of parcel 8913-22-153-031 is referred to as the "Upton East Parcel" and the west side of parcel 8913-22-153-031 is referred to as the "Upton West Parcel." The line of the division between the Upton East Parcel and the Upton West Parcel is a northerly extension of the east line of the alley running between Lots 1 and 71 of Galloway 1st Addition. Together, the Chalmers Lots and the Upton East Parcel are referred to as the "Residential Properties." All improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. a. Residential construction. Developer will construct on each of the Chalmers Lots a single-family dwelling having a value of no less than $50,000 upon completion, and shall construct on the Upton East Parcel a twin home for single family on each side. Each dwelling shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Home Improvements"). The floor plan and exterior features of each dwelling shall be subject to approval by City. The Residential Properties, the Home Improvements, and all site preparation and development -related work to make the Residential Properties usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Residential Project". b. Commercial construction. Developer will construct on the Upton West Parcel a commercial building of no less than 3,250 square feet, including installation of related parking, sidewalk, landscaping and other improvements (collectively, the "Commercial Improvements"). It is anticipated that the Commercial Improvements will have a total value of no less than $140,000. The Upton West Parcel, the Commercial Improvements, and all site preparation and development -related work to make the Upton West Parcel usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Commercial Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: Page 468 of 764 File Number: 2018-00014847 Seq: 2 DEVELOPMENT AGREEMENT Page 3 a. Construction. Developer must complete the Residential Improvements on a schedule by which one (1) home is completed by December 31 of each calendar year from 2018 through 2021. The Commercial Improvements must be completed by December 31, 2019. If during any calendar year Developer has not obtained a building permit and in good faith begun construction of the respective improvements by April 1 of the year when completion is required, then at City's option title to any part of the Property on which development has not been completed shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to such part(s) of the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by an annual deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if demolition or construction, as applicable, is not completed within the allowed period of extension, the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Developer. Concurrently with the deed, Developer shall deliver to City the abstracts of title for Property conveyed. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney -in -Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. 5. Additional Development Incentives. Upon issuance of a certificate of occupancy for each Residential Property, City will pay to Developer the sum of $5,000.00 as reimbursement of the allocated portion of the Purchase Price for that Residential Property and the sum of $5,000.00 as an additional incentive payment, for a total incentive of $10,000.00 for each of the Residential Properties. For the avoidance of doubt, the $10,000.00 payment for the Upton East Parcel will be paid only after a certificate of occupancy has been issued for both units in the twin home. Page 469 of 764 File Number: 2018-00014847 Seq: 3 DEVELOPMENT AGREEMENT Page 4 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Upton West Parcel. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Upton West Parcel, which shall be fixed for assessment purposes, below the amount of $ (the "Minimum Actual Value"), through: (i) willful destruction of the Upton West Parcel, the Improvements thereon, 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 said attached Exhibit "B" at the closing. 7. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Residential Project and the Commercial Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 8. No Encumbrances; Limited Exception. Until substantial completion of the Residential Project and the Commercial Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property lying within any such phase, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the particular Residential Project or Commercial Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. Each Residential Property, the Upton East Parcel and the Upton West Parcel may be mortgaged or encumbered only to support the construction of improvements on that particular part of the Property. Developer may not cross-collateralize any part of the Property to support the construction of improvements on any other part of the Property. 9. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. Page 470 of 764 File Number: 2018-00014847 Seq: 4 DEVELOPMENT AGREEMENT Page 5 10. 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. 11. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 12. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 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. 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 Page 471 of 764 File Number: 2018-00014847 Seq: 5 DEVELOPMENT AGREEMENT Page 6 certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to Village Creek Rentals, LLC, 1118 Ansborough Avenue, Waterloo, Iowa 50701, Attention: Jason Strelow. 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 Developer 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. 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. 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 Page 472 of 764 File Number: 2018-00014847 Seq: 6 DEVELOPMENT AGREEMENT Page 7 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, 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. CITY OF WATERLOO, IOWA By: Attest: VILLAGE CREEK RENTALS, LLC B son R. Strelw, Manager Page 473 of 764 File Number: 2018-00014847 Seq: 7 Exhibit "A" Legal Description Lot 6, Block 16 Downing Place, City of Waterloo, Iowa (1005 Chalmers Avenue, Waterloo) Also: Lot 7 Block 16, Downing Place, City of Waterloo, Iowa (1017 Chalmers Avenue, Waterloo) Also: A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. Page 474 of 764 File Number: 2018-00014847 Seq: 8 Exhibit "A-1" Upton Parcel Legal Description A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. Page 475 of 764 File Number: 2018-00014847 Seq: 9 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 1-C([by and among the CITY OF WATERLOO, IOWA ("City"), VILLAGE CREEK RENTAL, 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-1" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development ("Project") of an area within the City; 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 taxable 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 $140,000 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2019. 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, 2029. 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. Page 476 of 764 File Number: 2018-00014847 Seq: 10 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA B B VILLAGE CREEK RENTALS, LLC Jason Stre ow, Manager STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of OvelikAe. tf- , before me, a Notary Public in and for the State of Iowa, personally appeared Voc. Welp¢v and evt.A to me n P41-'s, personally known, who being duly sworn, did say that they are the Mayo_cAncLeity 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 Mayo °gnaCCity Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Page 477 of 764 File Number: 2018-00014847 Seq: 11 NANCY H1GBY COMMISSION NO.788229 MY COMMISSION EXPIRES STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on lUw j 3 1 ) t; j 1- by Jason Strelow as Manager of Village Creek Rentals, LLC. .761//' (g1 20- Notary Public ANDREA WESTER COMMISSION NO. 764042 MY CriS&SIQttrPIRES Page 478 of 764 File Number: 2018-00014847 Seq: 12 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than one hundred forty thousand Dollars ($140,000) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. essor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on 3 I I Z 17c ( 6 Koenigsfeld, Assessor for Black Hawk County, Iowa. ADRIENNE MILLER COMMISSION NO. 809109 MY COMMISSION EXPIRES FEBRUARY 23, 2021 by T.J. Page 479 of 764 File Number: 2018-00014847 Seq: 13 14@@ 114dRf137 STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 20th day of November, 2017, at 5:30 p.m., in the Harold E. Getty Council Chambers, in City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, the sale and conveyance of city owned property located near Chalmers Drive and at the Northeast comer of Ansborough and Upton Avenue, in the amount of $15,001, to Village Creek Rentals, LLC, including a Development Agreement, legally descri- bed as follows: LOT 6, BLOCK 16 DOWNING PLACE, CITY OF WATERLOO, IOWA (1005 CHALMERS AVENUE, WATERLOO) ALSO: LOT 7 BLOCK 16, DOWNING PLACE, CITY OF WATERLOO, IOWA (1017 CHALMERS AVENUE, WATERLOO) ALSO: A PARCEL OF LAND LOCATED IN PART OF LOTS "A" AND "B" IN HUMMEL ADDITION TO WATERLOO, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST COR- NER OF SAID LOT NO. "B"; THENCE NORTH 01 DEGREES 33 MINUTES 52 SECONDS EAST, 100.02 FEET ALONG THE EAST LINE OF SAID LOT NO. "B"; THENCE NORTH 89 DEGREES 25 MINUTES 28 SECONDS WEST, 116.68 FEET TO A POINT ON THE EAST LINE OF THE WEST 11 FEET OF SAID LOT NO. 'B"; THENCE NORTH 01 DEGREES 27 MINUTES 26 SECONDS EAST, 223.92 FEET ALONG SAID LINE; THENCE SOUTH 60 DEGREES 38 MINUTES 58 SECONDS WEST, 76.67 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 05 SECONDS WEST. 285.67 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT NO. "A"; THENCE SOUTH 89 DEGREES 25 MINUTES 28 SECONDS EAST, 181.91 FEET ALONG SAID LINE TO THE POINT OF BEGINNING, EXCEPT THE EASTERLY 20 FEET THEREOF IN EVEN WIDTH. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 6th day of November, 2017. Kelley Felchle City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: Sale and Conveyance of Chalmers Drive to Village Creek Rentals Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 10th day of November, 2017 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $28.80 qboit,LL Signed Subscribed and sworn to before me this CO Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRYI COMM - SION 0.782415, MY «. r , -IRES -z Page 480 of 764 File Number: 2018-00014847 Seq: 14 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2017-952 RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF CITY OWNED PROPERTY GENERALLY LOCATED ALONG CHALMERS DRIVE AND THE NORTHEAST CORNER OF ANSBOROUGH AVENUE AND UPTON AVENUE IN THE AMOUNT OF $15,001, TO VILLAGE CREEK RENTALS, LLC, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. WHEREAS, the City of Waterloo is the owner of property generally located along Chalmers Drive and the Northeast corner of Ansborough Avenue and Upton Avenue in the City of Waterloo, Iowa, and legally describe below as: LOT 6, BLOCK 16 DOWNING PLACE, CITY OF WATERLOO, IOWA (1005 CHALMERS AVENUE, WATERLOO) ALSO: LOT 7 BLOCK 16, DOWNING PLACE, CITY OF WATERLOO, IOWA (1017 CHALMERS AVENUE, WATERLOO) ALSO: A PARCEL OF LAND LOCATED IN PART OF LOTS "A" AND "B" IN HUMMEL ADDITION TO WATERLOO, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT NO. "B"; THENCE NORTH 01 DEGREES 33 MINUTES 52 SECONDS EAST, 100.02 FEET ALONG THE EAST LINE OF SAID LOT NO. "B"; THENCE NORTH 89 DEGREES 25 MINUTES 28 SECONDS WEST, 116.68 FEET TO A POINT ON THE EAST LINE OF THE WEST 11 FEET OF SAID LOT NO. "B"; THENCE NORTH 01 DEGREES 27 MINUTES 26 SECONDS EAST, 223.92 FEET ALONG SAID LINE; THENCE SOUTH 60 DEGREES 38 MINUTES 58 SECONDS WEST, 76.67 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 05 SECONDS WEST. 285.67 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT NO. "A"; THENCE SOUTH 89 DEGREES 25 MINUTES 28 SECONDS EAST, 181.91 FEET ALONG SAID LINE TO THE POINT OF BEGINNING, EXCEPT THE EASTERLY 16 FEET THEREOF IN EVEN WIDTH. And, WHEREAS, an offer to purchase said property, in the amount of $15,001 has been made by Village Creek Rentals, LLC, and WHEREAS, a public hearing was held on November 20, 2017 at 5:30 p.m. in the Harold E. Getty Council Chambers, City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey city owned property generally located along Chalmers Drive and the Northeast corner of Ansborough Avenue and Upton Avenue, to Village Creek Rentals, LLC, and WHEREAS, it is the opinion of this council that said sale and conveyance should be made as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 481 of 764 File Number: 2018-00014847 Seq: 15 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2017-953 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH VILLAGE CREEK RENTALS, LLC, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, the Development Agreement dated November 20, 2017, between Village Creek Rentals, LLC and the City of Waterloo, Iowa, for the development of property located along Chalmers Drive and the Northeast corner of Ansborough Avenue and Upton Avenue, in the City of Waterloo, Iowa, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute said agreement on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 20th day of November 2017. ATTEST: LeAn M. Ev , CMC, IaCMC Deputy City Clerk Ron Welper, Mayor Pro Tem CERTIFICATE I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution 2017-953, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 20th day of November 2017. c,„ LeAm\M. Even, "MC, IaCMC Deputy City Clerk' Page 482 of 764 File Number: 2018-00014847 Seq: 16 Resolution 2017-952 Page 2 WATERLOO, IOWA, AS FOLLOWS: 1. The property generally located along Chalmers Drive and the Northeast corner of Ansborough Avenue and Upton Avenue, as fully described in the published notice in the Waterloo Courier on November 10, 2017, is not presently needed, nor will be needed in the foreseeable future for municipal purposes, and its ownership is serving no municipal purpose. 2. That the offer of Village Creek Rentals, LLC to purchase property for the sum of $15,001, is hereby accepted, for the real property as previously described. 3. That the City of Waterloo, Iowa conveys said parcel of real property described above to Village Creek Rentals, LLC by quit claim deed. 4. That the Mayor and City Clerk are authorized and directed to execute said quit claim deed. 5. That the originals of said quit claim deed, fully executed and acknowledged, is hereby approved and confirmed by this Council. 6. That the City Attorney is authorized and directed to deliver said quit claim deed to Village Creek Rentals, LLC upon receipt of $15,001. PASSED AND ADOPTED this 20th day of November 2017. ATTEST: LeA\m M. E n, CMC, IaCMC Deputy City Clerk Ron Welper, Mayor Pro Tem CERTIFICATE I, LeAnn M. Even Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution 2017-952, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 20th day of November 2017. Witness my hand and seal of office this 20th day of November 2017. LeM. EveCMC, IaCMC Deputy City Clerk Page 483 of 764 File Number: 2018-00014847 Seq: 17 Doc ID 009823150002 Type GEN Recorded: 05/12/2020 at 10:54:59 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2020-00019656 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of-k.e_ is , 2020 by and between Village Creek Rentals, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated November 20, 2017 (the "DA") concerning the development of property as described in the Agreement. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to said property, dated as of the same date. The DA and MAA have been filed in the land records of Black Hawk County as Doc. No. 2018-14847. B. The parties desire to amend the DA and the MAA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Paragraph a of Section 3 of the DA is stricken in its entirety, and the following new paragraph a is substituted in its place: a. Construction. Developer must complete the Home Improvements on the Chalmers Lots so that one (1) home is completed by November 30, 2021 and one (1) home is completed by November 30, 2022. If during any calendar year Developer has not obtained a building permit and in good faith begun construction of the respective improvements by April 1 of the year when completion is required, then at City's option title to any part of the Property on which development has not been completed shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to Page 484 of 7 4 File Number: 2020-00019656 Seq: 1 Page 2 complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to such part(s) of the Property shall revert to the City after the end of said extended period. 2. Section 2.b and Section 6 of the DA are stricken from the Agreement in their entirety. Reference to the Upton East Parcel is stricken from Section 2.a and Section 5, and references to said parcel, the Upton West Parcel and the Commercial Project are stricken from Section 8 of the Agreement. 3. No later than April 30, 2020, Company shall deed the Upton East Parcel and the Upton West Parcel to City by special warranty deed. If Company fails to do so, then City may act in accordance with Section 4 of the Agreement. Effective upon delivery of said deed, the MAA shall be deemed canceled and of no further force or effect. City shall refund the $5,000.00 purchase price to Company upon delivery of title to the Upton East Parcel and the Upton West Parcel. 4. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: r5 1 Quentin Hart, Mayor Attest: Kelley FelchlCity Clerk VILLAGE CREEK RENTALS, LLC Page 485 of 764 File Number: 2020-00019656 Seq: 2 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 Return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. TERMINATION OF DEVELOPMENT AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") and Village Creek Rentals, LLC ("Developer") entered into a certain Development Agreement (the "Agreement") and Minimum Assessment Agreement (the "MAA"), each dated November 20, 2017 and filed March 13, 2018 as Doc. No. 2018-14847, as later amended by document dated April 13, 2020 and filed May 12, 2020 as Doc. No. 2020-19656, concerning real property legally described in said documents; and herein. WHEREAS, the parties desire to terminate the Agreement and the MAA on the terms set forth NOW, THEREFORE, the parties agree as follows: 1. The Agreement and MAA are hereby terminated. Within thirty (30) days, Developer shall convey the Chalmers Lots to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Developer, and shall concurrently deliver to City any abstracts of title for the Chalmers Lots, and upon receipt of said deed and abstract City shall pay $10,000.00 to Developer in refund of the Purchase Price for the Chalmers Lots. Upon completion of such actions, neither party shall have further obligation to the other party under the Agreement or the MAA, except to fully carry out the purposes and intent of this instrument. 2. Terms in this instrument that are capitalized but not defined will have the same meanings that are ascribed to them in the Agreement. This instrument shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Termination of Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA VILLAGE CREEK RENTALS, LLC By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Page 486 of 764 STATE OF IOWA BLACK HAWK COUNTY ) ss. ) Acknowledged before me on ma,i 19) Village Creek Rentals, LLC. o""`'. ANDREA WESTER S TATE OF IOWA BLACK HAWK COUNTY ) ss. ) , 2021 by Jason R. Strelow as Manager of Notary Public Acknowledged before me on , 2021 by Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 487 of 764 CITY OF WATERLOO Council Communication Resolution approving an amendment to the Development Agreement with Bob C. Moore, originally executed August 19, 2019, amending completion date to July 30, 2021, for the construction of a new single-family home, located at 401 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description ❑ Amendment to Development Agreement ❑ Pictures 5-26-2021 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Backup Material Backup Material Resolution approving an amendment to the Development Agreement with Bob C. Moore, originally executed August 19, 2019, amending completion date to July 30, 2021, for the construction of a new single-family home, located at 401 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval The City of Waterloo entered into a development agreement with 401 Devonshire, LLC, with assignment later changed to Bob C. Moore. The developer indicated that the project has been delayed due to circumstances occurring with COVID-19 and the house will completed in early July. Staff recommends a later date in July so another amendment does not need to be done and the dates are covered. The Building Inspections Department has passed framing, insulation and fire blocking inspections and drywall has started this past week. Plumbing for water and sewer started the week of the May loth and flat work started the week of the 17th. Drywall work is in the process of being finished and painting and interior finishing will start thereafter. The developer is going to move into this house and the closing is set for July 6th. None N/A Economic Development N/A The City acquired this property through the Interstate Substitution Program Page 488 of 764 Background Information: in 1986 and Iowa Code 306.23 was followed, offering it back to the previous owner and no responses were received on the letter that was sent. Legal Descriptions: Lot 22 of Byrnbrae Second Addition, except Parcel "E" of the SE 1/4 of Section 33, T89N, R13W, City of Waterloo, Black Hawk County, Iowa, as shown on the plat of survey recorded as document 2019-19609. Page 489 of 764 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of June , 2021 by and between Bob C. Moore (the "Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. Developer, as successor by assignment from 401 Devonshire, LLC, and City are parties to that certain Development Agreement dated as of August 19, 2019 (the "DA") concerning the development of property as described in the Agreement. The DA has been filed in the land records of Black Hawk County as Doc. No. 2020-06444. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Paragraph a of Section 3 of the DA is amended to state that the Completion Deadline is July 30, 2021. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined herein will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Page 490 of 764 Page 2 By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk obert C. Moore Page 491 of 764 .r• r• ... A ' - • ••-• • I .-- • • _ — .4" ‘'t _ 1 1 • -7-7" _ _ _ - — _ Page 492 of 764 • --s l • , T 1 , '04'•'" • j ..t.\ .,. ,:r-, ......4,-- lit . , t!. ,C1. . . . , '' .••• • 7 .. .... ,.• ,,,,...5?.1.1..? • 5 0 :If 0 ,- • '1'' + 1 ' .. 4;;44:'0', • ' 1 . , • tieTi ,/ ..,.. 4, .(t4 .. 5 $:t • .. 1 ; 4 '...-:;} -•• - 1 : ••••• ,i- x ..r., •• . : .,..g• . - 'Au /re• • . 'kV{ ' 1 .., . ta ot cr.t,'' : • - -''''',',. 4 cl".. .• q ..,4• t S.,,, • • .VIN; . -.'"" f XI ,„.4. - . - — _ - - — - _ - — • : 14:::r10.41- t';'.; • . • .• ) • TA•r- "4 & N _ , • — 7— -et Ai •••••‘—'-- -r 4 • •r3 " •Pi/ )1)4 g!.. •••Y, 1- • Ya."' Page 493 of 764 1- , -...!' -.1•T • ".....-- .-..4 . • .• . 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' ".' . - or *..• I:re/0 411.11r* et ' ....t... • ...*, -" • ,te< .?...eri . --,,,,sie • •, • .---• . t:itliAir7, . 144. .40".. ,,, .0 ;„,,,— k 0141"04 - . „I.e.:. .. • • ic, , • .: ...,.....,..0-14.-r.,_---F,. • ../.1,4-4.:14..e? • ' '' • de, •:..1 Mi. .0...' • mr-y, .. i.,-„A„, .4, .1. r Al ..,--• I, 01 AP, . e. Ore7,- • -;141 -homMin. ib:91"e' 1Prtx At' - • ' CITY OF WATERLOO Council Communication Resolution approving Temporary Easement Agreements with Richard L. Foulk and Randall E. Foulk in the amount of $820.42, William J. Lawless and Dianne F. Lawless in the amount of $391.70, Ricky L. Kiefer in the amount of $739.19, and the University of Northwestern in the amount of $100, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description D University of Northwestern D Ricky L Kiefer D William J Lawless and Dianne F Lawless D Richard L Foulk and Randall E Foulk SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Backup Material Backup Material Backup Material Backup Material Resolution approving Temporary Easement Agreements with Richard L. Foulk and Randall E. Foulk in the amount of $820.42, William J. Lawless and Dianne F. Lawless in the amount of $391.70, Ricky L. Kiefer in the amount of $739.19, and the University of Northwestern in the amount of $100, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218. Submitted By: Aric Schroeder, City Planner Approval The City of Waterloo is preparing to reconstruct Shaulis Road from Hess Road to Highway 218, which involves the need for approximately 12 temporary easements, and two fee title acquisitions needed to complete the project. The offer price was based on 120% on the assessed value of the property, multiplied by 10% for temporary easements because they are only a temporary (during construction), with adjustments for crop damages for actively farmed parcels. This transmittal includes 4 temporary easemenst where the owners have agreed to grant the temporary easement. The easement areas will be returned to the state they were in prior to construction. Staff continues negotiations with remaining property owners where acquisitions are needed for the project. $2,051.31 Engineering CIP Bonds Acquisition for street reconstruction N/A Page 496 of 764 Prepared bv: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the Shaulis Road Reconstruction Hess Road to Highway 218, Project Parcel 5, together with a right of ingress and egress thereon. University of Northwestern Page 497 of 764 dlll llh, IIIIV' 0 50 1 INCH = 50 FEET SHEET 1 OF 1 I-Ra HRGreen Parcel Impact Diagram Part of SE 1/4, Sec, 12—T88N—R13W, Waterloo, Black Hawk County, Iowa Survey for: City of Waterloo Proprietor: University of Northwestern CONSTRUCTION LIMLIT PROPERTY LINE TEMPORARY EASEMENT CONSTRUCTION AREA ROW ACQUISITION PCC PAVEMENT GRAVEL DRIVEWAY CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director April 9, 2021 University of Northwestern 4880 Texas Street Waterloo, IA 50702 RE: Temporary Easement Acquisition — Shaulis Road Reconstruction Hess to Hwy 218 — 4880 Texas St — Parcel 5 Dear Property Owner, The City of Waterloo is requesting to acquire a temporary easement on property located at 4880 Texas Street (portion along Shaulis Road) in conjunction with the Shaulis Road reconstruction project from Hess Road to Highway 218. Please find enclosed a Temporary Easement Agreement, and related exhibits showing the temporary easement areas that are requested to be acquired. The project does not include acquisition of right-of-way (permanent acquisition of fee title) from your property, and only includes a temporary easement (impact area only affected during construction). The temporary easement is being requested so that the contractor can properly grade and reconstruct a driveway. The offer price for the temporary easement acquisition was determined by dividing the assessed land value of your property by the total area of the property ($165,150/1,003,186.8 SF) to come up with a price per square foot. Based on that method, the assessed price per square foot for your property is $0.17. The City of Waterloo is estimating fair market value to be 120% of assessed value, putting the fair market price per square foot for your property at $0.20. The area of the temporary easement is 1,432 SF, which multiplied by $0.20 equals $286.40, however, this easement is temporary (just during construction), therefore we only offer 10% of the value, which is $28.64. The property in question is active crop land, and the City is estimating $2,000 per acre to cover potential crop damages. The crop damage estimate for your property is $60 ($2,000 per acre multiplied by 0.03 acres). The City uses a minimum compensation estimate of $100. Therefore, the official offer for the temporary easement acquisition is $100.00. Please review the enclosed Temporary Easement Agreement, and if you agree with this proposed compensation, please have the appropriate individual sign the agreement. If you would like to discuss this further before signing, please feel free to contact our office. You also have the option of donating the temporary easement acquisition, which you may want to discuss with your tax consultant to see if the donation would be equally favorable for you. I have enclosed the Offer to Donate Form with this letter. Please remember that you are entitled to the amount listed above, and the donation of the easement is strictly voluntary. Once again, if you have any questions on this matter, please contact our office at the number listed above. Thank you for your time, and I look forward to hearing back from you in the near future. Sincerely, Aric Schroeder, City Planner Enclosures Cc: Noel Anderson, Community Planning & Development Director Jamie Knutson, City Engineer --file-- Page 499 of 764 Prepared by: Aric Schroeder, City of Waterloo. 715 Mulberry Street. Waterloo, IA 50703 — (319) 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the Shaulis Road Reconstruction Hess Road to Highway 218, Project Parcel 11, together with a right of ingress and egress thereon. Ricky Kiefer, Owner Page 500 of 764 E SHAULIS RD in -. T (N85159'57" W-217.90') (L=641.8') (R=856.7') (CH=S69.08' 27"E-626.9' ) (L=410.95') (R=841 .70') (CH=N61 °39'58'W-406.88') Impact Area (14,797 Sq. Ft.) Page 501 of 764 Parcel Impact Diagram Part of NW 1/4, Sec. 13—T88N—R13W, Waterloo, Black Hawk County, Iowa Survey for: City of Waterloo Proprietor: Mary L. Kiefer 1 INCH = 50 FEET SHEET 1 OF 1 HRGreen New Driveway and Culvert LEGENDS: CONSTRUCTION LIMLIT PROPERTY LINE — T/E — TEMPORARY EASEMENT — IRAN — ROW ____E/E____ EXISTING EASEMENT SAS 7 CONSTRUCTION AREA ROW ACQUISITION PCC PAVEMENT GRAVEL DRIVEWAY CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director April 21, 2021 Ricky L. Kiefer 4881 Texas St Waterloo, IA 50702 RE: Temporary Easement Acquisition — Shaulis Road Reconstruction Hess to Hwy 218 — South of 4550 Hess Rd — Parcel 11 Dear Property Owner, This letter replaces a previous offer letter dated April 9, 2021 addressed to Reta K Kiefer Humpal to address the recent change in ownership to Ricky L Kiefer. The City of Waterloo is requesting to acquire a temporary easement on property located northwest of 5222 Dysart Road in conjunction with the Shaulis Road reconstruction project from Hess Road to Highway 218. Please find enclosed a Temporary Easement Agreement, and related exhibits showing the temporary easement areas that are requested to be acquired. The project does not include acquisition of right-of-way (permanent acquisition of fee title) from your property, and only includes a temporary easement (impact area only affected during construction). The temporary easement is being requested so that the contractor can properly grade the area on your property along the road, and construct a new driveway. The offer price for the temporary easement acquisition was determined by dividing the assessed land value of your property by the total area of the property ($30,930/987,069.6 SF) to come up with a price per square foot. Based on that method, the assessed price per square foot for your property is $0.03. The City of Waterloo is estimating fair market value to be 120% of assessed value, putting the fair market price per square foot for your property at $0.04. The area of the temporary easement is 14,797 SF, which multiplied by $0.04 equals $591.88, however, this easement is temporary (just during construction), therefore we only offer 10% of the value, which is $59.19. The property in question is active crop land, and the City is estimating $2,000 per acre to cover potential crop damages. The crop damage estimate for your property is $680 ($2,000 per acre multiplied by 0.34 acres). Therefore, the official offer for the temporary easement acquisition is $739.19. Please review the enclosed Temporary Easement Agreement, and if you agree with this proposed compensation, please have the appropriate individual sign the agreement. If you would like to discuss this further before signing, please feel free to contact our office. You also have the option of donating the temporary easement acquisition, which you may want to discuss with your tax consultant to see if the donation would be equally favorable for you. I have enclosed the Offer to Donate Form with this letter. Please remember that you are entitled to the amount listed above, and the donation of the easement is strictly voluntary. Once again, if you have any questions on this matter, please contact our office at the number listed above. Thank you for your time, and I look forward to hearing back from you in the near future. Sincerely, a----A6atcric„,______ e.e.-- Aric Schroeder, City Planner Enclosures Page 502 of 764 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the Shaulis Road Reconstruction Hess Road to Highway 218, Project Parcel 8, to they with a right of ingress and egress thereon. iilia`m 1. Lawless Dianne F. Lawless Page 503 of 764 HIRGreen LINE u L2 o LINE TABLE DISTANCE (2o.00') (2 5.00') (2 4.sl') BEARING (w8 8'1'2s" E) (wanl'cy1) Parcel Impact ���K��� ������� Diagram Port of NW 1/4 Sec. 13-T88N-R130( Watodoo, Black Hawk County, lown Survey for City of Waterloo Proprietor: Y0Uiom & Dianne Lawless 50 1 INCH = 50 FEET LEGENDS: -- _ CONSTRUCTION UMUT - m' - PROPERTY UN[ —vc-- TEMPORARY LA3[W[NT CONSTRUCTION AREA R DRIVEWAY A OW ACQUISITION PCC PAVEMEN GR VEL CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director April 13, 2021 William J. Lawless Dianne F. Lawless 5055 Hess Road Waterloo, IA 50701 RE: Right of Way and Temporary Easement Acquisition — Shaulis Road Reconstruction Hess to Hwy 218 —5055 Hess Road — Project Parcel 8 Dear Property Owner, The City of Waterloo is requesting to acquire a temporary easement on property you own in conjunction with the Shaulis Road reconstruction project from Hess Road to Highway 218. Please find enclosed a Temporary Easement Agreement, and related exhibits showing the easement areas that are requested to be acquired. The project does not include acquisition of right-of-way (permanent acquisition of fee title) and only includes a temporary easement (impact area only affected during construction). The temporary easement is being requested so that the contractor can properly grade the area on your property along the road and, and reconstruct driveways, ensuring proper slope adjacent to the road. The offer price for the temporary easement acquisition was determined by dividing the assessed land value of your property by the total area of the property to come up with a price per square foot, then increased to 120% to estimate fair market value. Based on that method, the fair market price per square foot for your property is $0.77. The area of the temporary easement is 5,087 SF, which multiplied by $0.77 equals $3,916.99, however, this easement is temporary (just during construction), therefore we only offer 10% of the value, which is $391.70. Therefore, the official offer for the temporary easement acquisition on Project Parcel 8 is $391.70. Please review the enclosed Temporary Easement Agreement, and if you agree with this proposed compensation, please have the appropriate individual sign the agreement. If you would like to discuss this further before signing, please feel free to contact our office. You also have the option of donating the temporary easement acquisition, which you may want to discuss with your tax consultant to see if the donation would be equally favorable for you. I have enclosed the Offer to Donate Form with this letter. Please remember that you are entitled to the amount listed above, and the donation of the easement is strictly voluntary. Once again, if you have any questions on this matter, please contact our office at the number listed above. Thank you for your time, and I look forward to hearing back from you in the near future. Sincerely, Aric Schroeder, City Planner Enclosures Cc: Noel Anderson, Community Planning & Development Director Jamie Knutson, City Engineer --file-- Page 505 of 764 Prepared by: Aric Schroeder. City of Waterloo_ 715 Mulberry Street. Waterloo. IA 50703 — (319) 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the Shaulis Road Reconstruction Eless Road to Highway 218, Project Parcel 4, together with a right of ingress and egress thereon. Richard L.Foulk Randall E. Faulk Page 506 of 764 1 INCH = 100 FEET Parcel Impact Diagram Part of SE 1/4, Sec. 12—T88N—R13W, Waterloo, Black Hawk County, Iowa Survey for: City of Waterloo Proprietor: Richard Foulk & Rodney K. Foulk LINE TABLE LINE DISTANCE BEARING L1 (60.10') (N00°47'23'W) 60.1' N00°49'W L2 (41.20') (N00°47'23'W) L3 (25.13') (S89°17'36'W) L4 (41.43') (S00°57'24'E) L5 (25.01') (N88°46'39"E) L6 (61.09') (N00°15'20'W) 61.09' N00°15'10'W L7 (110.33') (S85°29'02'E) L8 (15.00') (N01°14'53'W) L9 (110.83') (N85°29'02'W) L10 (15.05') (S00°15'20"E) SHEET 1 OF 1 HRGreen LEGENDS: — _ _ _ CONSTRUCTION LIMLIT PROPERTY LINE TEMPORARY EASEMENT L/L — — T/E — — R/W— ROW ----E/E---- EXISTING EASEMENT CONSTRUCTION AREA ROW ACQUISITION PCC PAVEMENT GRAVEL DRIVEWAY New Driveway and Culvert E SHAUL IS RD Impact Area (15048 Sc Ft.) (S88° 45'07"W-892.60') E SHAUL IS RD .. .=•roe. r ?.rr _ _ \ I I Page 507 of 764 DO -J New Driveway and Culvert Impact Area (1034 Sq° Ft,) E SHAUL IS RD CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director April 9, 2021 Richard L. Foulk 7140 Cotter Road La Porte City, IA 50651 RE: Temporary Easement Acquisition — Shaulis Road Reconstruction Hess to Hwy 218 — East of 777 Isle of Capri Blvd — Parcel 4 Dear Property Owner, The City of Waterloo is requesting to acquire a temporary easement on property located east of 777 Isle of Capri Boulevard (along Shaulis Road) in conjunction with the Shaulis Road reconstruction project from Hess Road to Highway 218. Please find enclosed a Temporary Easement Agreement, and related exhibits showing the temporary easement areas that are requested to be acquired. The project does not include acquisition of right-of-way (permanent acquisition of fee title) from your property, and only includes a temporary easement (impact area only affected during construction). The temporary easement is being requested so that the contractor can properly grade the area on your property along the road, and reconstruct driveways. The offer price for the temporary easement acquisition was determined by dividing the assessed land value of your property by the total area of the property ($57,300/1,410,037.2 SF) to come up with a price per square foot. Based on that method, the assessed price per square foot for your property is $0.04. The City of Waterloo is estimating fair market value to be 120% of assessed value, putting the fair market price per square foot for your property at $0.05. The area of the temporary easement is 16,083 SF, which multiplied by $0.05 equals $804.15, however, this easement is temporary (just during construction), therefore we only offer 10% of the value, which is $80.42. The property in question is active crop land, and the City is estimating $2,000 per acre to cover potential crop damages. The crop damage estimate for your property is $740 ($2,000 per acre multiplied by 0.37 acres). Therefore, the official offer for the temporary easement acquisition is $820.42. Please review the enclosed Temporary Easement Agreement, and if you agree with this proposed compensation, please have the appropriate individual sign the agreement. If you would like to discuss this further before signing, please feel free to contact our office. You also have the option of donating the temporary easement acquisition, which you may want to discuss with your tax consultant to see if the donation would be equally favorable for you. I have enclosed the Offer to Donate Form with this letter. Please remember that you are entitled to the amount listed above, and the donation of the easement is strictly voluntary. Once again, if you have any questions on this matter, please contact our office at the number listed above. Thank you for your time, and I look forward to hearing back from you in the near future. Sincerely, da_c-=tate, Aric Schroeder, City Planner Enclosures Cc: Noel Anderson, Community Planning & Development Director Jamie Knutson, City Engineer --file-- Page 508 of 764 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate in conjunction with the $14,370,000 General Obligation Bonds, Series 2021A, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/24/2021 ATTACHMENTS: Description Type D Ahlers Letter of Explanation Backup Material D 2021A Tax Exemption Certificate Backup Material D 2021A 2021B Continuing Disclosure Certificate Backup Material SUBJECT: Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate in conjunction with the $14,370,000 General Obligation Bonds, Series 2021A, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Background Information: These resolutions are necessary to complete the issuance of the bonds that were sold May 19, 2021. The Tax Exemption Certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain the tax-exempt status of the Bonds. One important item is that the tax exemption is based in part upon the fact that the use of the facilities to be acquired by the City with the proceeds will be for the benefit of the public and will not be used in the private trade of business of any business or non - tax -exempt entity. The properties acquired with the Bond proceeds must not be sold or diverted to any private or nonpublic use unless the significance of that action is reviewed by bond counsel. There are other conditions that are outlined in the Certificate as well. The Continuing Disclosure Certificate requires the City to provide annual financial information to the Municipal Securities Rulemaking Board's Electronic Municipal Market Access System (EMMA) if certain events occur. This bond issue was sold at a tax-exempt interest rate of 1.4480% over a 15- year term. The Aa2 rating by Moody's Investment Services was also maintained. Page 509 of 764 ftAHLERS COONEY ATTORNEYS May 21, 2021 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ahlerslaw.com Re: Waterloo, Iowa - $14,370,000 General Obligation Bonds, Series 2021A; and $8,610,000 Taxable General Obligation Bonds, Series 2021B Dear Kelley: Included with this letter are documents to complete Council action in connection with the authorization for the issuance of the above Bonds. 1. The Council procedure consists of the following (for each series): (a) Resolution Appointing Registrar and Paying Agent. This resolution appoints UMB Bank, N.A. to serve as Registrar and Paying Agent. (b) Resolution authorizing the issuance of the Bonds. The resolution incorporates by reference the form of the Tax Exemption Certificate (2021A only) and the Continuing Disclosure Certificate. The resolution must be adopted by an affirmative vote equal to a majority of the full Council membership. (c) Tax Exemption Certificate (2021A Only). The Tax Exemption Certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these Bonds as tax exempt. Please provide an executed copy. (d) Continuing Disclosure Certificate. The form of Continuing Disclosure Certificate, which is described in detail below, is included for approval by the Council under the Resolution authorizing issuance. This Certificate should be signed by the Mayor and the Clerk but not dated. Please return one executed copy. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 510 of 764 May 21, 2021 Page 2 2. Closing Certificates and Documents: (a) Delivery Certificate. This certificate should be signed, BUT NOT DATED. Please complete and confirm the financial data on page 2, execute and return one copy. (b) Transcript Certificate. This certificate is to be executed and sealed in the manner indicated on the second page and may be dated at the time of completion. A_ notary attestation for all official signatures is required. Please execute and return one copy. (c) Authentication Order. Please execute and return one copy to us. (d) County Auditor's Certificate. A true copy of the authorizing resolution as adopted is to be certified and filed with the Auditor of Black Hawk County. The Auditor is asked to certify to such filing on this certificate. Please return one executed copy. (e) Form 8038-G -- Information Return for Tax Exempt Governmental Obligations (2021A Only). Please sign, BUT DO NOT DATE, and return an original one-sided copy to us prior to closing. (0 Paying Agent; Note Registrar and Transfer Agent Agreement. Please execute and return one copy to us. We will obtain signatures from UMB Bank, N.A. and an executed copy will be provided to you after closing. Tax Exemption (2021A Only) The Tax Exemption Certificate is an important document and contains important information concerning the calculated yield on the Bonds and a number of covenants and obligations on the part of the City. This certificate should be retained along with all of your records regarding the use of proceeds, expenditure dates and investment information needed to comply with IRS guidelines. I will not attempt to summarize all of the matters which are included in this certificate but I do want to point out some important ones. Tax exemption is based in part upon the fact that the use of the facilities to be acquired by the City with the with the New Money Portion of the proceeds will be for the benefit of the public and will not be used in the private trade or business of any business or non -tax-exempt entity. The properties acquired with the New Money Portion of the Bond proceeds must not be sold or diverted to any private or nonpublic use unless the significance of that action is reviewed by bond counsel. Tax exemption with respect to the Current Refunded Portion is based in part upon the fact that the use of the facilities acquired by the City with the proceeds of the refunded Bonds will continue to be used by the public and will not be used in the private trade or business of any business or non -tax-exempt entity. The properties acquired with the original proceeds must not Page 511 of 764 May 21, 2021 Page 3 be sold or diverted to any private or nonpublic use unless the significance of that action is reviewed by bond counsel. The Tax Exemption Certificate sets forth the best knowledge and belief which you have as of today concerning the timely expenditure of the proceeds as the City reasonably expects expenditures to occur. If for any reason the City finds it will be prevented from expending the Bond proceeds to refund the outstanding obligations in the manner described in the authorizing resolution fully within three years, that matter should be referred to us. These Bonds are issued under the expectation that the City will be exempt from the requirement to rebate arbitrage earnings to the United States Government since you intend to spend the proceeds of the Bonds for construction purposes within two (2) years of issuance and meet the other requirements of the two-year expenditure exemption from the rebate provisions. These Bonds are also issued under the expectation that the City will be exempt from the requirement to rebate arbitrage earnings to the United States Government since you intend to spend the proceeds of the Bonds within 18 months of issuance in accordance with the schedule described in Section 3.3 of the Tax Exemption Certificate. These Bonds are also issued under the expectation that you will be exempt from the requirement to rebate arbitrage earnings to the United States Government as to the Current Refunded Portion because you will spend this portion of the gross proceeds of the Bonds within six months of the date of issue to call the Refunded Bonds (on June 28, 2021). If for any reason it appears you will not meet this spending requirement, the matter should be brought to our attention immediately. There are a number of other general promises and commitments by the City to take or refrain from action, which are necessary to maintain the tax exemption of these Bonds. You should recognize that these promises and commitments are required of the City on an ongoing basis and that the possibility of some additional future action does exist. Continuing Disclosure Certificate Securities and Exchange Commission Rule 15c2-12, prohibits underwriting and recommendation to the public of the purchase of municipal securities for which adequate secondary market information is not available. The rules apply generally to any municipal offering over $1,000,000. The City therefore has an obligation to provide continuing disclosure to the marketplace while the Bonds are outstanding. The applicable covenants and duties of the City are outlined in the Continuing Disclosure Certificate. The Continuing Disclosure Certificate requires the City to provide annual financial information and operating data and other operating data described in the Continuing Disclosure Certificate to the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system ("EMMA") so long as the Bonds are outstanding, and also to provide notice to EMMA if certain events occur. This information and data must be sent in "searchable PDF" form. You should ensure that your audit and operating data will be available in that format so you may Page 512 of 764 May 21, 2021 Page 4 comply. The events which must be reported are detailed in the certificate, but other events which would be of concern to the rating agencies or Bond holders also should be considered for disclosure under the anti -fraud provisions of the federal securities laws. These disclosure requirements are ongoing and it will be important to designate an appropriate contact person who will have a primary responsibility for preparing and coordinating the filing of the annual financial information, operating data and any event notices. The penalties for violation of the rule fall ultimately on the issuer of the Bonds, because underwriters may be precluded from agreeing to underwrite or bid on Bonds of issuers who have not complied with their disclosure obligations. Failure to comply therefore may result in fewer bids and ultimately no bids or the inability to secure an underwriter for an issue. Closing Matters. As you know, closing of this issue is scheduled to occur on or about June 22, 2021. At the time of closing, the "Purchaser's" copies of the above items will be delivered to the Purchaser of the Bonds in exchange for the agreed purchase price. Our legal opinion also will be delivered to the Purchaser at that time. Should you have any questions, or if we can be of any assistance in completing the enclosed items, please don't hesitate to contact me. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Michelle Weidner, Chief Financial Officer, City of Waterloo (via email w/ encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) Diana Van Vleet, UMB Bank (via email w/encl.) 01890243-1\11310-141 Page 513 of 764 TAX EXEMPTION CERTIFICATE of CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, ISSUER $14,370,000 General Obligation Bonds, Series 2021A This instrument was prepared by: Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309 (515) 243-7611 Page 514 of 764 TABLE OF CONTENTS This Table of Contents is not a part of this Tax Exemption Certificate and is provided only for convenience of reference. INTRODUCTION - 1 - ARTICLE I DEFINITIONS - 1 - ARTICLE II SPECIFIC CERTIFICATIONS, REPRESENTATIONS AND AGREEMENTS - 6 - Section 2.1 Authority to Certify and Expectations - 6 - Section 2.2 Receipts and Expenditures of Sale Proceeds - 8 - Section 2.3 Purpose of Bonds - 9 - Section 2.4 Facts Supporting Tax -Exemption Classification - 10 - Section 2.1 Facts Supporting Temporary Periods for Proceeds - 11 - Section 2.2 Resolution Funds at Restricted or Unrestricted Yield - 11 - Section 2.3 Pertaining to Yields - 12 - ARTICLE III REBATE - 12 - Section 3.1 Records - 12 - Section 3.2 Rebate Fund - 13 - Section 3.3 Exceptions to Rebate - 13 - Section 3.4 Calculation of Rebate Amount - 14 - Section 3.5 Rebate Requirements and the Bond Fund - 15 - Section 3.6 Investment of the Rebate Fund - 15 - Section 3.7 Payment to the United States - 15 - Section 3.8 Records - 16 - Section 3.9 Additional Payments - 16 - ARTICLE IV INVESTMENT RESTRICTIONS - 16 - Section 4.1 Avoidance of Prohibited Payments - 16 - Section 4.2 Market Price Requirement - 17 - Section 4.3 Investment in Certificates of Deposit - 17 - Section 4.4 Investment Pursuant to Investment Contracts and Agreements - 17 - Section 4.5 Records - 19 - Section 4.6 Investments to be Legal - 20 - ARTICLE V GENERAL COVENANTS - 20 - ARTICLE VI AMENDMENTS AND ADDITIONAL AGREEMENTS - 20 - Section 6.1 Opinion of Bond Counsel; Amendments - 20 - Section 6.2 Additional Covenants, Agreements - 20 - Section 6.3 Internal Revenue Service Audits - 20 - Section 6.4 Amendments - 21 - ARTICLE VII FURTHER CERTIFICATIONS WITH RESPECT TO REFUNDING BONDS - 21 - EXHIBIT A ISSUE PRICE CERTIFICATE .22 EXHIBIT B MUNICIPAL ADVISOR'S CERTIFICATE 26 i Page 515 of 764 TAX EXEMPTION CERTIFICATE CITY OF WATERLOO, STATE OF IOWA THIS TAX EXEMPTION CERTIFICATE made and entered into on June 22, 2021, by the City of Waterloo, County of Black Hawk, State of Iowa (the "Issuer"). INTRODUCTION This Certificate is executed and delivered in connection with the issuance by the Issuer of its $14,370,000 General Obligation Bonds, Series 2021A (the "Bonds"). The Bonds are issued pursuant to the provisions of the Resolution of the Issuer authorizing the issuance of the Bonds. Such Resolution provides that the covenants contained in this Certificate constitute a part of the Issuer's contract with the owners of the Bonds. The Issuer recognizes that under the Code (as defined below) the tax-exempt status of the interest received by the owners of the Bonds is dependent upon, among other things, the facts, circumstances, and reasonable expectations of the Issuer as to future facts not in existence at this time, as well as the observance of certain covenants in the future. The Issuer covenants that it will take such action with respect to the Bonds as may be required by the Code, and pertinent legal regulations issued thereunder in order to establish and maintain the tax-exempt status of the Bonds, including the observance of all specific covenants contained in the Resolution and this Certificate. ARTICLE I DEFINITIONS The following terms as used in this Certificate shall have the meanings set forth below. The terms defined in the Resolution shall retain the meanings set forth therein when used in this Certificate. Other terms used in this Certificate shall have the meanings set forth in the Code or in the Regulations. • "Annual Debt Service" means the principal of and interest on the Bonds scheduled to be paid during a given Bond Year. • "Bonds" means the $14,370,000 aggregate principal amount of General Obligation Bonds, Series 2021A, of the Issuer issued in registered form pursuant to the Resolution. • "Bond Counsel" means Ahlers & Cooney, P.C., Des Moines, Iowa, or an attorney at law or a firm of attorneys of nationally recognized standing in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any State of the United States of America. • "Bond Fund" means the Sinking Fund described in the Resolution. Page 516 of 764 • "Bond Purchase Agreement" means the binding contract in writing for the sale of the Bonds. • "Bond Year" as defined in Regulation 1.148-1(b), means a one-year period beginning on the day after expiration of the preceding Bond Year. The first Bond Year shall be the one-year or shorter period beginning on the Closing Date and ending on a principal or interest payment date, unless Issuer selects another date. • "Bond Yield" means that discount rate which produces an amount equal to the Issue Price of the Bonds when used in computing the present value of all payments of principal and interest to be paid on the Bonds, using semiannual compounding on a 360- day year as computed under Regulation 1.148-4. • "Certificate" means this Tax Exemption Certificate. • "Closing" means the delivery of the Bonds in exchange for the agreed upon purchase price. • "Closing Date" means the date of Closing. • "Code" means the Internal Revenue Code of 1986, as amended, and any statutes which replace or supplement the Internal Revenue Code of 1986. • "Computation Date" means each five-year period from the Closing Date through the last day of the fifth and each succeeding fifth Bond Year. • "Current Refunded Portion" shall mean $5,815,318.03 of the Gross Proceeds of the Bonds to refund the Refunded Bonds. • "Excess Earnings" means the amount earned on all Nonpurpose Investments minus the amount which would have been earned if such Nonpurpose Investments were invested at a rate equal to the Bond Yield, plus any income attributable to such excess. • "Final Bond Retirement Date" means the date on which the Bonds are actually paid in full. • "Governmental Obligations" means direct general obligations of, or obligations the timely payment of the principal of and interest on which is unconditionally guaranteed by the United States. • "Gross Proceeds" as defined in Regulation 1.148-1(b), means any Proceeds of the Bonds and any replacement proceeds (as defined in Regulation 1.148-1(c)) of the Bonds. • "Gross Proceeds Funds" means the Project Fund, Proceeds held to pay cost of issuance, and any other fund or account held for the benefit of the owners of the - 2 Page 517 of 764 Bonds or containing Gross Proceeds of the Bonds except the Bond Fund and the Rebate Fund. • "Issue Price" as defined in Regulation 1.148-1(b) and (f)(2), means the price determined pursuant to the Special Rule for Competitive Sales in accordance with Regulation 1.148-1(f)(2)(iii). The Issuer hereby elects to utilize the Special Rule for Competitive Sales and treats the reasonably expected initial offering price to the public as of the sale date as the issue price of the Bonds. The Purchasers have certified the Issue Price to be not more than $14,954.450.70, as set forth in Exhibit A. • "Issuer" means the City of Waterloo, a municipal corporation in the County of Black Hawk, State of Iowa. • "Minor Portion of the Bonds", as defined in Regulation 1.148-2(g), means the lesser of five (5) percent of Proceeds or $100,000. The Minor Portion of the Bonds is computed to be $100,000. • "New Money Portion" shall mean $8,960,386.16 of the Gross Proceeds of the Bonds issued 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; reconstruction, renovation and improvements to sports and park facilities through the sports facilities improvement fund and the park improvement fund; the acquisition and repair of city irrigation systems; equipping city departments and City Hall, including technology and software; the renovation, construction, improvement and equipping of the golf course; programs to promote traffic safety; the acquisition, improvement, and equipping of the public library; the construction, reconstruction and renovation of public art; the acquisition of vehicles for various city departments; the construction, reconstruction, improvement, renovation, and equipping of aquatic facilities; aiding in the planning, undertaking and carrying out of urban renewal projects - 3 Page 518 of 764 under the authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, the Crossroads Urban Renewal Area, the Martin Road Development Area, the Northeast Site Urban Renewal Area and the Rath Area Redevelopment Area, such as those costs associated with acquisitions of properties and related demolition and clearance activities, grants to private developers, public infrastructure projects including streets, streetscape, and utility improvements, costs of the downtown development plan. • "Nonpurpose Investments" means any investment property which is acquired with Gross Proceeds and is not acquired to carry out the governmental purpose of the Bonds, and may include but is not limited to U.S. Treasury bonds, corporate bonds, or certificates of deposit. • "Proceeds" as defined in Regulation 1.148-1(b), means Sale Proceeds, investment proceeds and transferred proceeds of the Bonds. • "Project" means 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; refunding or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, and General Obligation Bonds, Series 2013A; reconstruction, renovation and improvements to sports and park facilities through the sports facilities improvement fund and the park improvement fund; the acquisition and repair of city irrigation systems; equipping city departments and City Hall, including technology and software; the renovation, construction, improvement and equipping of the golf course; programs to promote traffic safety; the acquisition, improvement, and equipping of the public library; the construction, reconstruction and renovation of public art; the acquisition of vehicles for various city departments; the construction, reconstruction, improvement, renovation, and equipping of aquatic facilities; aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of -4 Page 519 of 764 Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, the Crossroads Urban Renewal Area, the Martin Road Development Area, the Northeast Site Urban Renewal Area and the Rath Area Redevelopment Area, such as those costs associated with acquisitions of properties and related demolition and clearance activities, grants to private developers, public infrastructure projects including streets, streetscape, and utility improvements, costs of the downtown development plan as more fully described in the Resolution. • "Project Fund" shall mean.as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the Proceeds to pay the costs of the New Money Projects. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the Proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds; • "Purchasers" means FHN Financial Capital Markets of New York, New York, constituting the initial purchasers of the Bonds from the Issuer. • "Rebate Amount" means the amount computed as described in this Certificate. • "Rebate Fund" means the fund to be created, if necessary, pursuant to this Certificate. • "Rebate Payment Date" means a date chosen by the Issuer which is not more than 60 days following each Computation Date or the Final Bond Retirement Date. • "Refunded Bonds" shall mean $2,885,000 of the $8,040,000 General Obligation Bonds, Series 2012A, dated June 28, 2012, and $2,920,000 of the $5,835,000 General Obligation Bonds, Series 2013A, dated June 27, 2013. • "Refunding Bonds" means the Current Refunded Portion of the Bonds. • "Regulations" means the Income Tax Regulations, amendments and successor provisions promulgated by the Department of the Treasury under Sections 103, 148 and 149 of the Code, or other Sections of the Code relating to "arbitrage bonds", including without limitation Regulations 1.148-1 through 1.148-11, 1.149(b)-1, 1.149- d(1), 1.150-1 and 1.150-2. • "Replacement Proceeds" include, but are not limited to, sinking funds, amounts that are pledged as security for an issue, and amounts that are replaced because of a sufficiently direct nexus to a governmental purpose of an issue. • "Resolution" means the resolution of the Issuer adopted on June 7, 2021, authorizing the issuance of the Bonds. • "Sale Proceeds" as defined in Regulation 1.148-1(b), means any amounts actually or constructively received from the sale of the Bonds, including amounts used to - 5 Page 520 of 764 pay underwriter's discount or compensation and accrued interest other than pre -issuance accrued interest. • "Sinking Fund" means the Bond Fund. • "SLGS" means demand deposit Treasury securities of the State and Local Government Series. • "Tax Exempt Obligations" means bonds or other obligations the interest on which is excludable from the gross income of the owners thereof under Section 103 of the Code and include certain regulated investment companies, stock in tax-exempt mutual funds and demand deposit SLGS. • "Taxable Obligations" means all investment property, obligations or securities other than Tax Exempt Obligations. • "Verification Certificate" means the certificate attached to this Certificate as Exhibit A, setting forth the offering prices at which the Purchaser will reoffer and sell the Bonds to the public and the Municipal Advisor's Certificate attached as Exhibit B. ARTICLE II SPECIFIC CERTIFICATIONS, REPRESENTATIONS AND AGREEMENTS The Issuer hereby certifies, represents and agrees as follows: Section 2.1 Authority to Certify and Expectations (a) The undersigned officer of the Issuer along with other officers of the Issuer, are charged with the responsibility of issuing the Bonds. (b) This Certificate is being executed and delivered in part for the purposes specified in Section 1.148-2(b)(2) of the Regulations and is intended (among other purposes) to establish reasonable expectations of the Issuer at this time. (c) The Issuer has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Section 1.148-2(b)(2) of the Regulations. (d) The certifications, representations and agreements set forth in this Article II are made on the basis of the facts, estimates and circumstances in existence on the date hereof, including the following: (1) with respect to amounts expected to be received from delivery of the Bonds, amounts actually received, (2) with respect to payments of amounts into various funds or accounts, review of the authorizations or directions for such payments made by the Issuer pursuant to the Resolution and this Certificate, (3) with respect to the Issue Price, the certifications of the Purchasers as set forth in the Verification Certificate, (4) with respect to expenditure of the Proceeds of the Bonds, - 6 Page 521 of 764 actual expenditures and reasonable expectations of the Issuer as to when the Proceeds will be spent for purposes of the Project, and (5) with respect to Bond Yield, review of the Verification Certificate. The Issuer has no reason to believe such facts, estimates or circumstances are untrue or incomplete in any material way. (e) To the best of the knowledge and belief of the undersigned officer of the Issuer, there are no facts, estimates or circumstances that would materially change the representations, certifications or agreements set forth in this Certificate, and the expectations herein set out are reasonable. (f) No arrangement exists under which the payment of principal or interest on the Bonds would be directly or indirectly guaranteed by the United States or any agency or instrumentality thereof. (g) After the expiration of any applicable temporary periods, and excluding investments in a bona fide debt service fund or reserve fund, not more than five percent (5%) of the Proceeds of the Bonds will be (a) used to make loans which are guaranteed by the United States or any agency or instrumentality thereof, or (b) invested in federally insured deposits or accounts. (h) The Issuer will file with the Internal Revenue Service in a timely fashion Form 8038-G, Information Return for Tax -Exempt Governmental Obligations with respect to the Bonds and such other reports required to comply with the Code and applicable Regulations. (i) The Issuer will take no action which would cause the Bonds to become "private activity bonds" as defined in Section 141 (a) of the Code, including any use of the Project by any person other than a governmental unit if such use will be by other than a member of the general public. None of the Proceeds of the Bonds will be used directly or indirectly to make or finance loans to any person other than a governmental unit. (j) The Issuer will make no change in the nature or purpose of the Project except as provided in Section 6.1 hereof. (k) Except as provided in the Resolution, the Issuer will not establish any sinking fund, bond fund, reserve fund, debt service fund or other fund reasonably expected to be used to pay debt service on the Bonds (other than the Bond Fund), exercise its option to redeem Bonds prior to maturity or effect a refunding of the Bonds. (1) Except for the Bonds described as $8,610,000 Taxable General Obligation Bonds, Series 2021B, no bonds or other obligations of the Issuer (1) were sold in the 15 days preceding the date of sale of the Bonds, (2) were sold or will be sold within the 15 days after the date of sale of the Bonds, (3) have been delivered in the past 15 days or (4) will be delivered in the next 15 days pursuant to a common plan of financing for the issuance of the Bonds and payable out of substantially the same source of revenues. -7 Page 522 of 764 (m) None of the Proceeds of the Bonds will be used directly or indirectly to replace funds of the Issuer used directly or indirectly to acquire obligations having a yield higher than the Bond Yield. (n) No portion of the Bonds is issued for the purpose of investing such portion at a higher yield than the Bond Yield. (o) The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause them to be "arbitrage bonds" as defined in Section 148(a) of the Code. The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause the interest on the Bonds to be includible in the gross income of the owners of the Bonds under the Code. The Issuer will not intentionally use any portion of the Proceeds to acquire higher yielding investments. (p) The Issuer will not use the Proceeds of the Bonds to exploit the difference between tax-exempt and taxable interest rates to obtain a material financial advantage. (q) The Issuer has not issued more Bonds, issued the Bonds earlier, or allowed the Bonds to remain outstanding longer than is reasonably necessary to accomplish the governmental purposes of the Bonds. In fact, the Bonds will not remain outstanding longer than 120% of the economic useful life of the assets financed with the Proceeds of the Bonds. (r) The Bonds will not be Hedge Bonds as described in Section 149(g)(3) of the Code because the Issuer reasonably expects that it will meet the Expenditure test set forth in Section 2.5(b) hereof and that 50% or more of the Proceeds will not be invested in Nonpurpose Investments having a substantially guaranteed yield for four or more years. (s) The Issuer has not employed a device in connection with the issuance of the Current Refunded Portion of the Bonds to obtain a material financial advantage (based on arbitrage) apart from savings attributable to lower interest rates. The Issuer will not realize any material financial advantage (based on arbitrage or otherwise) in connection with the issuance of the Bonds, or in connection with any transaction or series of transactions connected with the issuance of the Bonds, apart from savings attributable to lower interest rates. Except for costs of issuance, all Sale Proceeds and investment earnings thereon will be expended for costs of the type that would be chargeable to capital accounts under the Code pursuant to federal income tax principles if the Issuer were treated as a corporation subject to federal income taxation. Section 2.2 Receipts and Expenditures of Sale Proceeds Sale Proceeds (par plus re -offering premium of $584,450.70), less underwriter's discount of $100,593.51, received at Closing are expected to be deposited and expended as follows: -8 Page 523 of 764 (a) $78,153.00 representing costs of issuing the Bonds will be used within six months of the Closing Date to pay the costs of issuance of the Bonds (with any excess remaining on deposit in the Project Fund); and (b) As to the New Money Portion, $8,960,386.16 will be deposited into the Project Construction Fund and will be used together with earnings thereon to pay the costs of the Project and will not exceed the amount necessary to accomplish the governmental purposes of the Bonds. As to the Current Refunded Portion, $5,815,318.03 will be used together with earnings thereon to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. The Refunded Bonds will be redeemed on June 28, 2021. Section 2.3 Purpose of Bonds The Issuer is issuing the New Money Portion of the Bonds 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, the reconstruction, renovation and improvements to sports and park facilities through the sports facilities improvement fund and the park improvement fund; the acquisition and repair of city irrigation systems; equipping city depai tiiients and City Hall, including technology and software; the renovation, construction, improvement and equipping of the golf course; programs to promote traffic safety; the acquisition, improvement, and equipping of the public library; the construction, reconstruction and renovation of public art; the acquisition of vehicles for various city departments; the construction, reconstruction, improvement, renovation, and equipping of aquatic facilities; aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, the Crossroads Urban Renewal Area, the Martin Road Development Area, the Northeast Site Urban Renewal Area and the Rath Area Redevelopment Area, such as those costs associated with acquisitions of properties and related demolition and clearance activities, grants to private developers, public infrastructure projects including streets, streetscape, and utility improvements, costs of the downtown development plan -9 Page 524 of 764 The Issuer is issuing the Current Refunding Portion of the Bonds to refund the Refunded Bonds prior to maturity in order to realize debt service savings due to lower interest rates payable on the Refunding Bonds. Section 2.4 Facts Supporting Tax -Exemption Classification Governmental Bonds Private Business Use/Private Security or Payment Tests The Bonds are considered to be governmental bonds, not subject to the provisions of the alternate minimum tax. The Proceeds will be used for the purposes described in Section 2.3 hereof. These bonds are not private activity bonds because no amount of Proceeds of the Refunded Bonds or the Bonds were used or will be used in a trade or business carried on by a non -governmental unit. Rather, the Proceeds will be used to finance the general government operations and facilities of the Issuer described in Section 2.3 hereof. None of the payment of principal or interest on the Bonds will be derived from, or secured by, money or property used in a trade or business of a non -governmental unit. In addition, none of the governmental operations or facilities of the Issuer being financed with the Proceeds of the Bonds are subject to any lease, management contract or other similar arrangement or to any arrangement for use other than as by the general public. Private Loan Financing Test No amount of Proceeds of the Refunded Bonds were used or will be used directly or indirectly to make or finance loans to persons other than governmental units. Refunding of Governmental or Private Activity Exempt Facility Bonds (where Refunded Bonds must meet requirements) The Issuer will use the Proceeds of the Bonds to refund the Refunded Bonds. The Issuer has complied with the covenants and restrictions with respect to arbitrage and investment requirements, yield restrictions, and post -closing restrictions on reissuance, reimbursement and change in use imposed by the Code and Regulations on the Refunded Bonds since the issue date of the Refunded Bonds so as to maintain the tax-exempt status of the interest on the Refunded Bonds. The Issuer will comply with all certifications set forth in Article VIII herein. Pursuant to a letter from Beren-Tate Consulting dated , no positive arbitrage rebate earnings arose with respect to the 2012A Refunded Bonds, and pursuant to a -10- Page 525 of 764 letter from Beren-Tate Consulting dated , no positive arbitrage rebate earnings arose with respect to the 2013A Refunded Bonds Section 2.1 Facts Supporting Temporary Periods for Proceeds (a) Time Test. Not later than six months after the Closing Date, the Issuer will incur a substantial binding obligation to a third party to expend at least 5% of the net Sale Proceeds of the Bonds. (b) Expenditure Test. Not less than 85% of the net Sale Proceeds will be expended for Project costs, including the reimbursement of other funds expended to date, within a three-year temporary period from the Closing Date. (c) Due Diligence Test. Not later than six months after Closing, work on the New Money Portion of the Project will have commenced and will proceed with due diligence to completion. (d) Due Diligence Test. The Issuer has incurred a substantial binding obligation to accomplish the refunding. The refunding will proceed with due diligence to completion. (e) Proceeds of the Bonds representing less than six months accrued interest on the Bonds will be spent within six months of this date to pay interest on the Bonds, and will be invested without restriction as to yield for a temporary period not in excess of six months. Section 2.2 Resolution Funds at Restricted or Unrestricted Yield (a) Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer has not and does not expect to create or establish any other bond fund, reserve fund, or similar fund or account for the Bonds. The Issuer has not and will not pledge any moneys or Taxable Obligations in order to pay debt service on the Bonds or restrict the use of such moneys or Taxable Obligations so as to give reasonable assurances of their availability for such purposes. (b) Any monies which are invested beyond a temporary period are expected to constitute less than a major portion of the Bonds or to be restricted for investment at a yield not greater than one -eighth of one percent above the Bond Yield. (c) The Issuer has established and will use the Bond Fund primarily to achieve a proper matching of revenues and debt service within each Bond Year and the Issuer will apply moneys deposited into the Bond Fund to pay the principal of and interest on the Bonds. Such Fund will be depleted at least once each Bond Year except for a reasonable carryover amount. The carryover amount will not exceed the greater of (1) one year's earnings on the Bond Fund or (2) one -twelfth of Annual Debt Service. The Issuer will spend moneys deposited from time to time into such fund within 13 months after the date of deposit. Revenues, intended to be used to pay debt service on the Bonds, will be deposited into the Bond Fund as set forth in the Resolution. The Issuer will spend -11- Page 526 of 764 interest earned on moneys in such fund not more than 12 months after receipt. Accordingly, the Issuer will treat the Bond Fund as a bona fide debt service fund as defined in Regulation 1.148-1(b). Investment of amounts on deposit in the Bond Fund will not be subject to arbitrage rebate requirements as the Bonds meet the safe harbor set forth in Regulation 1.148-3(k), because the average annual debt service on the Bonds will not exceed $2,500,000. (d) The Minor Portion of the Bonds will be invested without regard to yield. Section 2.3 Pertaining to Yields (a) The purchase price of all Taxable Obligations to which restrictions apply under this Certificate as to investment yield or rebate of Excess Earnings, if any, has been and shall be calculated using (i) the price taking into account discount, premium and accrued interest, as applicable, actually paid or (ii) the fair market value if less than the price actually paid and if such Taxable Obligations were not purchased directly from the United States Treasury. The Issuer will acquire all such Taxable Obligations directly from the United States Treasury or in an arm's length transaction without regard to any amounts paid to reduce the yield on such Taxable Obligations. The Issuer will not pay or permit the payment of any amounts (other than to the United States) to reduce the yield on any Taxable Obligations. Obligations pledged to the payment of debt service on the Bonds, or deposited into any reserve fund after they have been acquired by the Issuer will be treated as though they were acquired for their fair market value on the date of such pledge or deposit. Obligations on deposit in any reserve fund on the Closing Date shall be treated as if acquired for their fair market value on the Closing Date. (b) Qualified guarantees have not been used in computing yield. (c) The Bond Yield has been computed as not less than 1.19785 percent. This Bond Yield has been computed on the basis of a purchase price for the Bonds equal to the Issue Price. ARTICLE III REBATE Section 3.1 Records Sale Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer will maintain adequate records for funds created by the Resolution and this Certificate including all deposits, withdrawals, transfers from, transfers to, investments, reinvestments, sales, purchases, redemptions, liquidations and use of money or obligations until six years after the Final Bond Retirement Date. - 12 - Page 527 of 764 Section 3.2 Rebate Fund (a) In the Resolution, the Issuer has covenanted to pay to the United States the Rebate Amount, an amount equal to the Excess Earnings on the Gross Proceeds Funds, if any, at the times and in the manner required or permitted and subject to stated special rules and allowable exceptions. (b) The Issuer may establish a fund pursuant to the Resolution and this Certificate which is herein referred to as the Rebate Fund. The Issuer will invest and expend amounts on deposit in the Rebate Fund in accordance with this Certificate. (c) Moneys in the Rebate Fund shall be held by the Issuer or its designee and, subject to Sections 3.4, 3.5 and 6.1 hereof, shall be held for future payment to the United States as contemplated under the provisions of this Certificate and shall not constitute part of the trust estate held for the benefit of the owners of the Bonds or the Issuer. (d) The Issuer will pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States. Section 3.3 Exceptions to Rebate The Issuer reasonably expects that the Bonds are eligible for one or more exceptions from the arbitrage rebate rules set forth in the Regulations. If any Proceeds are ineligible, or become ineligible, for an exception to the arbitrage rebate rules, the Issuer will comply with the provisions of this Article III. A description of the applicable rebate exception(s) is as follows: • Six Month Exception (Current Refunded Portion) The Gross Proceeds of the Bonds are expected to be fully expended for the governmental purposes for which the Bonds were issued no later than six months after the date of issue. If contrary to the reasonable expectations of the Issuer, the Gross Proceeds are not expended within six months, the Issuer will comply with the arbitrage rebate requirements of the Code. • Eighteen -Month Exception (New Money Portion). The Gross Proceeds of the Bonds are expected to be expended for the governmental purposes for which the Bonds were issued in accordance with the following schedule: 1) 15 percent spent within six months of the Closing Date; 2) 60 percent spent within one year of the Closing Date; 3) 100 percent spent within eighteen months of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within 30 months of the Closing Date. For purposes of determining compliance with the six-month and twelve- - 13 - Page 528 of 764 month spending periods, the amount of investment earnings included shall be based on the Issuer's reasonable expectations that the average annual interest rate on investments will be not more than 5%. For purposes of determining compliance with the eighteen -month spending period, the amount of investment earnings included shall be based on actual earnings. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. • Election to Treat as Construction Bonds (New Money Portion). The Issuer reasonably expects that more than 75 percent of the "available construction proceeds" ("ACP") of the Bonds, as defined in Section 148(f)(4)(C)(vi) of the Code, will be used for construction expenditures. ACP includes the issue price of the issue plus the earnings on such issue. Not less than the following percentages of the ACP will be spent within the following periods: 1) 10 percent spent within six months of the Closing Date; 2) 45 percent spent within one year of the Closing Date; 3) 75 percent spent within eighteen months of the Closing Date; 4) 100 percent spent within two years of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within a three-year period beginning on the Closing Date. A failure to spend an amount that does not exceed the lesser of (i) 3% of the issue price or (ii) $250,000, is disregarded if the Issuer exercises due diligence to complete the Project. • Election with respect to future earnings Pursuant to Section 1.148-7(0(2) of the Regulations, the Issuer elects to use actual investment earnings of the ACP in determining compliance with the above schedule. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. Section 3.4 Calculation of Rebate Amount (a) As soon after each Computation Date as practicable, the Issuer shall, if necessary, calculate and determine the Excess Earnings on the Gross Proceeds Funds (the "Rebate Amount"). All calculations and determinations with respect to the Rebate Amount will be made on the basis of actual facts as of the Computation Date and reasonable expectations as to future events. (b) If the Rebate Amount exceeds the amount currently on deposit in the Rebate Fund, the Issuer may deposit an amount in the Rebate Fund such that the balance in the Rebate Fund after such deposit equals the Rebate Amount. If the amount in the - 14 - Page 529 of 764 Rebate Fund exceeds the Rebate Amount, the Issuer may withdraw such excess amount provided that such withdrawal can be made from amounts originally transferred to the Rebate Fund and not from earnings thereon, which may not be transferred, and only if such withdrawal may be made without liquidating investments at a loss. Section 3.5 Rebate Requirements and the Bond Fund It is expected that the Bond Fund described in the Resolution and Section 2.6(c) of this Certificate will be treated as a bona fide debt service fund as defined in Regulation 1.148-1(b). As such, any amount earned during a Bond Year on the Bond Fund and amounts earned on such amounts, if allocated to the Bond Fund, will not be taken into account in calculating the Rebate Amount for the reasons outlined in Section 2.6(c) hereof. However, should the Bond Fund cease to be treated as a bona fide debt service fund, the Bond Fund will become subject to the rebate requirements set forth in Section 3.4 hereof. Section 3.6 Investment of the Rebate Fund (a) Immediately upon a transfer to the Rebate Fund, the Issuer may invest all amounts in the Rebate Fund not already invested and held in the Rebate Fund, to the extent possible, in (1) SLGS, such investments to be made at a yield of not more than one -eighth of one percent above the Bond Yield, (2) Tax Exempt Obligations, (3) direct obligations of the United States or (4) certificates of deposit of any bank or savings and loan association. All investments in the Rebate Fund shall be made to mature not later than the next Rebate Payment Date. (b) If the Issuer invests in SLGS, the Issuer shall file timely subscription forms for such securities (if required). To the extent possible, amounts received from maturing SLGS shall be reinvested immediately in zero yield SLGS maturing on or before the next Rebate Payment Date. Section 3.7 Payment to the United States (a) On each Rebate Payment Date, the Issuer will pay to the United States at least ninety percent (90%) of the Rebate Amount less a computation credit of $1,000 per Bond Year for which the payment is made. (b) The Issuer will pay to the United States not later than sixty (60) days after the Final Bond Retirement Date all the rebatable arbitrage as of such date and any income attributable to such rebatable arbitrage as described in Regulation 1.148-3(0(2). (c) If necessary, on each Rebate Payment Date, the Issuer will mail a check to the Internal Revenue Service Center, Ogden, UT 84201. Each payment shall be accompanied by a copy of Form 8038-T, Arbitrage Rebate, filed with respect to the Bonds or other information reporting form as is required to comply with the Code and applicable Regulations. - 15 - Page 530 of 764 Section 3.8 Records (a) The Issuer will keep and retain adequate records with respect to the Bonds, the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund until six years after the Final Bond Retirement Date. Such records shall include descriptions of all calculations of amounts transferred to the Rebate Fund, if any, and descriptions of all calculations of amounts paid to the United States as required by this Certificate. Such records will also show all amounts earned on moneys invested in such funds, and the actual dates and amounts of all principal, interest and redemption premiums (if any) paid on the Bonds. (b) Records relating to the investments in such Funds shall completely describe all transfers, deposits, disbursements and earnings including: (1) a complete list of all investments and reinvestments of amounts in each such Fund including, if applicable, purchase price, purchase date, type of security, accrued interest paid, interest rate, dated date, principal amount, date of maturity, interest payment dates, date of liquidation, receipt upon liquidation, market value of such investment on the Final Bond Retirement Date if held by the Issuer on the Final Bond Retirement Date, and market value of the investment on the date pledged to the payment of the Bonds or the Closing Date if different from the purchase date. (2) the amount and source of each payment to, and the amount, purpose and payee of each payment from, each such Fund. Section 3.9 Additional Payments The Issuer hereby agrees to pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States, but which is not available in a fund related to the Bonds for transfer to the Rebate Fund or payment to the United States. ARTICLE IV INVESTMENT RESTRICTIONS Section 4.1 Avoidance of Prohibited Payments The Issuer will not enter into any transaction that reduces the amount required to be deposited into the Rebate Fund or paid to the United States because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to either party. The Issuer will not invest or direct the investment of any funds in a manner which reduces an amount required to be paid to the United States because such transaction results in a small profit or larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to the Issuer. In particular, notwithstanding anything to the contrary contained herein or in the Resolution, the -16- Page 531 of 764 Issuer will not invest or direct the investment of any funds in a manner which would violate any provision of this Article IV. Section 4.2 Market Price Requirement (a) The Issuer will not purchase or direct the purchase of Taxable Obligations for more than the then available market price for such Taxable Obligations. The Issuer will not sell, liquidate or direct the sale or liquidation of Taxable Obligations for less than the then available market price. (b) For purposes of this Certificate, United States Treasury obligations purchased directly from the United States Treasury will be deemed to be purchased at the market price. Section 4.3 Investment in Certificates of Deposit (a) Notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will invest or direct the investment of funds on deposit in the Reserve Fund, any other Gross Proceeds Fund, the Bond Fund, and the Rebate Fund, in a certificate of deposit of a bank or savings bank which is permitted by law and by the Resolution only if the purchase price of such a certificate of deposit is treated as its fair market value on the purchase date and if the yield on the certificate of deposit is not less than (1) the yield on reasonably comparable direct obligations of the United States; and (2) the highest yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public. (b) The certificate of deposit described in paragraph 4.3(a) above must be executed by a dealer who maintains an active secondary market in comparable certificates of deposit and must be based on actual trades adjusted to reflect the size and term of that certificate of deposit and the stability and reputation of the bank or savings bank issuing the certificate of deposit. Section 4.4 Investment Pursuant to Investment Contracts and Agreements The Issuer will invest or direct the investment of funds on deposit in the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund pursuant to an investment contract (including a repurchase agreement) only if all of the following requirements are satisfied: (a) The Issuer makes a bona fide solicitation for the purchase of the investment. A bona fide solicitation is a solicitation that satisfies all of the following requirements: (1) The bid specifications are in writing and are timely forwarded to potential providers. (2) The bid specifications include all material terms of the bid. A term is material if it may directly or indirectly affect the yield or the cost of the investment. - 17 - Page 532 of 764 (3) The bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other potential provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the issuer or any other person (whether or not in connection with the Bonds), and that the bid is not being submitted solely as a courtesy to the issuer or any other person for purposes of satisfying the requirements of paragraph (d)(6)(iii)(B)(1) or (2) of Section 1.148-5 of the Regulations. (4) The terms of the bid specifications are commercially reasonable. A term is commercially reasonable if there is a legitimate business purpose for the term other than to increase the purchase price or reduce the yield of the investment. (5) For purchases of guaranteed investment contracts only, the terms of the solicitation take into account the Issuer's reasonably expected deposit and drawdown schedule for the amounts to be invested. (6) All potential providers have an equal opportunity to bid and no potential provider is given the opportunity to review other bids (i.e., a last look) before providing a bid. (7) At least three reasonably competitive providers are solicited for bids. A reasonably competitive provider is a provider that has an established industry reputation as a competitive provider of the type of investments being purchased. (b) The bids received by the Issuer meet all of the following requirements: (1) The Issuer receives at least three bids from providers that the Issuer solicited under a bona fide solicitation meeting the requirements of paragraph (d)(6)(iii)(A) of Section 1.148-5 of the Regulations and that do not have a material financial interest in the issue. A lead underwriter in a negotiated underwriting transaction is deemed to have a material financial interest in the issue until 15 days after the issue date of the issue. In addition, any entity acting as a financial advisor with respect to the purchase of the investment at the time the bid specifications are forwarded to potential providers has a material financial interest in the issue. A provider that is a related party to a provider that has a material financial interest in the issue is deemed to have a material financial interest in the issue. (2) At least one of the three bids described in paragraph (d)(6)(iii)(B)(1) of Section 1.148-5 of the Regulations is from a reasonably competitive provider, within the meaning of paragraph (d)(6)(iii)(A)(7) of Section 1.148-5 of the Regulations. - 18 - Page 533 of 764 (3) If the Issuer uses an agent to conduct the bidding process, the agent did not bid to provide the investment. (c) The winning bid meets the following requirements: (1) Guaranteed investment contracts. If the investment is a guaranteed investment contract, the winning bid is the highest yielding bona fide bid (determined net of any broker's fees). (2) Other investments. If the investment is not a guaranteed investment contract, the winning bid is the lowest cost bona fide bid (including any broker's fees). (d) The provider of the investments or the obligor on the guaranteed investment contract certifies the administrative costs that it pays (or expects to pay, if any) to third parties in connection with supplying the investment. (e) The Issuer will retain the following records with the bond documents until three years after the last outstanding bond is redeemed: (1) For purchases of guaranteed investment contracts, a copy of the contract, and for purchases of investments other than guaranteed investment contracts, the purchase agreement or confirmation. (2) The receipt or other record of the amount actually paid by the Issuer for the investments, including a record of any administrative costs paid by the Issuer, and the certification under paragraph (d)(6)(iii)(D) of Section 1.148-5 of the Regulations. (3) For each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results. (4) The bid solicitation form and, if the terms of the purchase agreement or the guaranteed investment contract deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation. (5) For purchases of investments other than guaranteed investment contracts, the cost of the most efficient portfolio of State and Local Government Series Securities, determined at the time that the bids were required to be submitted pursuant to the terms of the bid specifications. Section 4.5 Records The Issuer will maintain records of all purchases, sales, liquidations, investments, reinvestments, redemptions, disbursements, deposits, and transfers of amounts on deposit. - 19 - Page 534 of 764 Section 4.6 Investments to be Legal All investments required to be made pursuant to this Certificate shall be made to the extent permitted by law. In the event that any such investment is determined to be ultra vires, it shall be liquidated and the proceeds thereof shall be invested in a legal investment, provided that prior to reinvesting such proceeds, the Issuer shall obtain an opinion of Bond Counsel to the effect that such reinvestment will not cause the Bonds to become arbitrage bonds under Sections 103, 148, 149, or any other applicable provision of the Code. ARTICLE V GENERAL COVENANTS The Issuer hereby covenants to perform all acts within its power necessary to ensure that the reasonable expectations set forth in Article II hereof will be realized. The Issuer reasonably expects to comply with all covenants contained in this Certificate. ARTICLE VI AMENDMENTS AND ADDITIONAL AGREEMENTS Section 6.1 Opinion of Bond Counsel; Amendments The various provisions of this Certificate need not be observed and this Certificate may be amended or supplemented at any time by the Issuer if the Issuer receives an opinion or opinions of Bond Counsel that the failure to comply with such provisions will not cause any of the Bonds to become "arbitrage bonds" under the Code and that the terms of such amendment or supplement will not cause any of the Bonds to become "arbitrage bonds" under the Code, or otherwise cause interest on any of the Bonds to become includable in gross income for federal income tax purposes. Section 6.2 Additional Covenants, Agreements The Issuer hereby covenants to make, execute and enter into (and to take such actions, if any, as may be necessary to enable it to do so) such agreements as may be necessary to comply with any changes in law or regulations in order to preserve the tax-exempt status of the Bonds to the extent that it may lawfully do so. The Issuer further covenants (1) to impose such limitations on the investment or use of moneys or investments related to the Bonds, (2) to make such payments to the United States Treasury, (3) to maintain such records, (4) to perform such calculations, and (5) to perform such other lawful acts as may be necessary to preserve the tax- exempt status of the Bonds. Section 6.3 Internal Revenue Service Audits The Internal Revenue Service is currently auditing the City's $8,605,000 General Obligation Bonds, Series 2016A, dated June 29, 2016. Other than the 2016A Bonds, the Internal Revenue Service has not audited the Issuer regarding any obligations issued by or on behalf of the Issuer. - 20 - Page 535 of 764 Section 6.4 Amendments Except as otherwise provided in Section 6.1 hereof, all the rights, powers, duties and obligations of the Issuer shall be irrevocable and binding upon the Issuer and shall not be subject to amendment or modification by the Issuer. ARTICLE VII FURTHER CERTIFICATIONS WITH RESPECT TO REFUNDING BONDS (a) Property financed with the Proceeds of the Refunded Bonds will not be sold or disposed of, in whole or in part, prior to the last maturity date of either the obligations or the last maturity of the Bonds. (b) All of the Proceeds of the Refunded Bonds were used to provide facilities used in the regular operations of the Issuer and neither the facilities nor the output thereof have been or are expected to be used in the trade or business of any person other than the Issuer. (c) Reimbursement Allocations and Original Expenditures, if any, reimbursed from proceeds of the Refunded Bonds complied with the Reimbursement Regulations in effect at the time of issuance of the Refunded Bonds. (d) The Proceeds of the Refunding Bonds will be used for a current refunding and the Refunding Bonds are issued not more than 90 days before the last expenditure of any Proceeds of the Refunding Bonds for payment of debt service on the Refunded Bonds. The Proceeds of the Refunding Bonds will be invested in materially higher yield acquired obligations for a temporary period of not to exceed 90 days. (e) No Proceeds of the Refunded Bonds remain unspent. No sinking fund has been established for the Refunded Bonds. No amount of proceeds of the Refunded Bonds are invested for a temporary period or as part of a minor portion of the Refunded Bonds. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be executed by its duly authorized officer, all as of the day first above written. (SEAL) Michelle Weidner, Chief Financial Officer, City of Waterloo, State of Iowa -21 - Page 536 of 764 EXHIBIT A WATERLOO, IOWA - $14,370,000 GENERAL OBLIGATION BONDS, SERIES 2021A ISSUE PRICE CERTIFICATE The undersigned, on behalf of FHN Financial Capital Markets ("Purchaser"), hereby certifies as set forth below with respect to the sale of the above -captioned obligations (the "Bonds"). 1. Reasonably Expected Initial Offering Price. a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by Purchaser are the prices listed in Schedule A (the "Expected Offering Prices"). The Expected Offering Prices are the prices for the Maturities of the Bonds used by Purchaser in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by Purchaser to purchase the Bonds. b) Purchaser was not given the opportunity to review other bids prior to submitting its bid. c) The bid submitted by Purchaser constituted a firm offer to purchase the Bonds. 2. Defined Terms. a) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. b) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. c) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is May 19, 2021. d) Underwriter means (i) the Purchaser or any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Purchaser's interpretation of any laws, including 22 Page 537 of 764 specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Exemption Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Ahlers & Cooney, P.C. in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Dated: JUNE 22, 2021 FHN Financial Capital Markets By: Name: 23 Page 538 of 764 SCHEDULE A EXPECTED OFFERING PRICES (Attached) 24 Page 539 of 764 SCHEDULE B COPY OF UNDERWRITER'S BID (Attached) 25 Page 540 of 764 EXHIBIT B WATERLOO, IOWA - $14,370,000 GENERAL OBLIGATION BONDS, SERIES 2021A CERTIFICATE OF MUNICIPAL ADVISOR The undersigned, on behalf of Speer Financial, Inc. (the "Municipal Advisor"), as the municipal advisor to Waterloo, Iowa in connection with the issuance of the above -captioned obligations (the "Bonds"), has assisted the Issuer in soliciting and receiving bids from potential underwriters in connection with the sale of the Bonds in a competitive bidding process in which bids were requested for the purchase of the Bonds at specified written terms, and hereby certifies as set forth below with respect to the bidding process and award of the Bonds. 1. The Bonds were offered for sale at specified written terms more particularly described in the Notice of Sale (Terms of Offering), which was distributed to potential bidders, a copy of which is attached to this certificate as Attachment 1. 2. The Notice of Sale was disseminated electronically through SPEERAUCTION. The method of distribution of the Notice of Sale is regularly used for purposes of disseminating notices of sale of new issuances of municipal bonds, and notices disseminated in such manner are widely available to potential bidders. 3. To the knowledge of the Municipal Advisor, all bidders were offered an equal opportunity to bid to purchase the Bonds so that, for example, if the bidding process afforded any opportunity for bidders to review other bids before providing a bid, no bidder was given an opportunity to review other bids that was not equally given to all other bidders (that is, no exclusive "last -look"). 4. The Issuer received bids from at least three bidders who represented that they have established industry reputations for underwriting new issuances of municipal bonds. Based upon the Municipal Advisor's knowledge and experience in acting as the municipal advisor for other municipal issues, the Municipal Advisor believes those representations to be accurate. Copies of the bids received are attached to this certificate as Attachment 2. 5. The winning bidder was FHN Financial Capital Markets (the "Purchaser"), whose bid was determined to be the best conforming bid in accordance with the terms set forth in the Notice of Sale, as shown in the bid comparison attached as Attachment 3 to this certificate. The Issuer awarded the Bonds to the Purchaser. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Municipal Advisor's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Exemption Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Ahlers & Cooney, P.C. in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. No 26 Page 541 of 764 other persons may rely on the representations set forth in this certificate without the prior written consent of the Municipal Advisor. Dated: JUNE 22, 2021 SPEER FINANCIAL, INC. By: Name: 27 Page 542 of 764 ATTACHMENT 1 NOTICE OF SALE (TERMS OF OFFERING) (Attached) 28 Page543of764 ATTACHMENT 2 BIDS RECEIVED (Attached) 29 Page 544 of 764 01890627-1\11310-141 ATTACHMENT 3 BID COMPARISON (Attached) 30 Page 545 of 764 CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Waterloo, State of Iowa (the "Issuer"), in connection with the issuance of $14,370,000 General Obligation Bonds, Series 2021A and $8,610,000 Taxable General Obligation Bonds, Series 2021B (the "Bonds") dated June 22, 2021. The Bonds are being issued pursuant to a Resolution of the Issuer approved on June 7, 2021 (the "Resolution"). The Issuer covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate; Interpretation. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2-12(b)(5). This Disclosure Certificate shall be governed by, construed and interpreted in accordance with the Rule, and, to the extent not in conflict with the Rule, the laws of the State. Nothing herein shall be interpreted to require more than required by the Rule. Section 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Financial Information" shall mean financial information or operating data of the type included in the final Official Statement, provided at least annually by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Business Day" shall mean a day other than a Saturday or a Sunday or a day on which banks in Iowa are authorized or required by law to close. "Dissemination Agent" shall mean the Issuer or any Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Financial Obligation" shall mean a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term Financial Obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with S.E.C. Rule 15c2-12. "Holders" shall mean the registered holders of the Bonds, as recorded in the registration books of the Registrar. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. Page 546 of 764 "Municipal Securities Rulemaking Board" or "MSRB" shall mean the Municipal Securities Rulemaking Board, 1300 I Street NW, Suite 1000, Washington, DC 20005. "National Repository" shall mean the MSRB's Electronic Municipal Market Access website, a/k/a "EMMA" (emma.msrb.org). "Official Statement" shall mean the Issuer's Official Statement for the Bonds, dated May 19, 2021. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission (S.E.C.) under the Securities Exchange Act of 1934, and any guidance and procedures thereunder published by the S.E.C., as the same may be amended from time to time. "State" shall mean the State of Iowa. Section 3. Provision of Annual Financial Information. a) The Issuer shall, or shall cause the Dissemination Agent to, not later than two hundred seventy (270) days after the end of the Issuer's fiscal year (presently June 30th), commencing with information for the 2020/2021 fiscal year, provide to the National Repository an Annual Financial Information filing consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Financial Information filing must be submitted in such format as is required by the MSRB (currently in "searchable PDF" format). The Annual Financial Information filing may be submitted as a single document or as separate documents comprising a package. The Annual Financial Information filing may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Financial Information filing and later than the date required above for the filing of the Annual Financial Information if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). b) If the Issuer is unable to provide to the National Repository the Annual Financial Information by the date required in subsection (a), the Issuer shall send a notice to the Municipal Securities Rulemaking Board, if any, in substantially the forms attached as Exhibit A-1 and A-2. c) The Dissemination Agent shall: i. each year file Annual Financial Information with the National Repository; and 2 Page547of764 ii. (if the Dissemination Agent is other than the Issuer), file a report with the Issuer certifying that the Annual Financial Information has been filed pursuant to this Disclosure Certificate, stating the date it was filed. Section 4. Content of Annual Financial Information. The Issuer's Annual Financial Information filing shall contain or incorporate by reference the following: a) The last available audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under State law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with generally accepted accounting principles, noting the discrepancies therefrom and the effect thereof. If the Issuer's audited financial statements for the preceding years are not available by the time Annual Financial Information is required to be filed pursuant to Section 3(a), the Annual Financial Information filing shall contain unaudited financial statements of the type included in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Financial Information when they become available. b) A table, schedule or other information prepared as of the end of the preceding fiscal year, of the type contained in the final Official Statement under the caption "Socioeconomic Information - Retail Sales", "Local Option Sales Tax", "Property Tax Information", "Debt Information", and "Financial Information." Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been filed with the National Repository. The Issuer shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. a) Pursuant to the provisions of this Section, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not later than 10 Business Days after the day of the occurrence of the event: i. Principal and interest payment delinquencies; ii. Non-payment related defaults, if material; iii. Unscheduled draws on debt service reserves reflecting financial difficulties; iv. Unscheduled draws on credit enhancements relating to the Bonds reflecting financial difficulties; 3 Page 548 of 764 v. Substitution of credit or liquidity providers, or their failure to perform; vi. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax-exempt status of the Series Bonds, or material events affecting the tax-exempt status of the Bonds; vii. Modifications to rights of Holders of the Bonds, if material; viii. Bond calls (excluding sinking fund mandatory redemptions), if material, and tender offers; ix. Defeasances of the Bonds; x. Release, substitution, or sale of property securing repayment of the Bonds, if material; xi. Rating changes on the Bonds; xii. Bankruptcy, insolvency, receivership or similar event of the Issuer; xiii. The consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; xiv. Appointment of a successor or additional trustee or the change of name of a trustee, if material; xv. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the Issuer, any of which affect security holders, if material; and xvi. Default, event of acceleration, termination event, modification of terms or other similar events under the terms of a Financial Obligation of the Issuer, any of which reflect financial difficulties. b) Whenever the Issuer obtains the knowledge of the occurrence of a Listed Event, the Issuer shall determine if the occurrence is subject to notice only if material, and if so shall as soon as possible determine if such event would be material under applicable federal securities laws. c) If the Issuer determines that knowledge of the occurrence of a Listed Event is not subject to materiality, or determines such occurrence is subject to materiality and 4 Page 549 of 764 would be material under applicable federal securities laws, the Issuer shall promptly, but not later than 10 Business Days after the occurrence of the event, file a notice of such occurrence with the Municipal Securities Rulemaking Board through the filing with the National Repository. Section 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Certificate with respect to each Series of Bonds shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds of that Series or upon the Issuer's receipt of an opinion of nationally recognized bond counsel to the effect that, because of legislative action or final judicial action or administrative actions or proceedings, the failure of the Issuer to comply with the terms hereof will not cause Participating Underwriters to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended. Section 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: a) If the amendment or waiver relates to the provisions of Section 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Financial Information filing, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, 5 Page 550 of 764 (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Financial Information filing for the year in which the change is made will present a comparison or other discussion in narrative form (and also, if feasible, in quantitative form) describing or illustrating the material differences between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Financial Information filing or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Financial Information filing or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Financial Information filing or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. Direct, indirect, consequential and punitive damages shall not be recoverable by any person for any default hereunder and are hereby waived to the extent permitted by law. A default under this Disclosure Certificate shall not be deemed an event of default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Section 13. Rescission Rights. The Issuer hereby reserves the right to rescind this Disclosure Certificate without the consent of the Holders in the event the Rule is repealed by the S.E.C. or is ruled invalid by a federal court and the time to appeal from such decision has expired. In the event of a partial repeal or invalidation of the Rule, the Issuer hereby reserves the 6 Page 551 of 764 right to rescind those provisions of this Disclosure Certificate that were required by those parts of the Rule that are so repealed or invalidated. Date: ATTEST: By: day of , 2021. Kelley Felchle, City Clerk 7 CITY OF WATERLOO, STATE OF IOWA By: Quentin M. Hart, Mayor Page 552 of 764 EXHIBIT A-1 NOTICE TO NATIONAL REPOSITORY OF FAILURE TO FILE ANNUAL FINANCIAL INFORMATION Name of Issuer: City of Waterloo, Iowa. Name of Bond Issue: $14,370,000 General Obligation Bonds, Series 2021A Dated Date of Issue: June 22, 2021 NOTICE IS HEREBY GIVEN that the Issuer has not provided Annual Financial Information with respect to the above -named Bonds as required by Section 3 of the Continuing Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer anticipates that the Annual Financial Information will be filed by Dated: day of , 20 CITY OF WATERLOO, STATE OF IOWA By: Its: Page 553 of 764 EXHIBIT A-2 NOTICE TO NATIONAL REPOSITORY OF FAILURE TO FILE ANNUAL FINANCIAL INFORMATION Name of Issuer: City of Waterloo, Iowa. Name of Bond Issue: $8,610,000 Taxable General Obligation Bonds, Series 2021B Dated Date of Issue: June 22, 2021 NOTICE IS HEREBY GIVEN that the Issuer has not provided Annual Financial Information with respect to the above -named Bonds as required by Section 3 of the Continuing Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer anticipates that the Annual Financial Information will be filed by Dated: day of , 20 01877469-1\11310-141 9 CITY OF WATERLOO, STATE OF IOWA By: Its: Page 554 of 764 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds and Approval of the Continuing Disclosure Certificate, in conjunction with the $8,610,000 General Obligation Bonds, Taxable Series 2021B, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/24/2021 ATTACHMENTS: Description Type ❑ Ahlers Letter of Explanation Backup Material ❑ 2021A 2021B Continuing Disclosure Certificate Backup Material SUBJECT: Submitted by: Summary Statement: Background Information: Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds and Approval of the Continuing Disclosure Certificate, in conjunction with the $8,610,000 General Obligation Bonds, Taxable Series 2021B, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer These resolutions are necessary to complete the issuance of the bonds that were sold May 19, 2021. The Continuing Disclosure Certificate requires the City to provide annual financial information to the Municipal Securities Rulemaking Board's Electronic Municipal Market Access System (EMMA) if certain events occur. This bond issue was sold at a taxable interest rate of 1.6088% over a 15-year term. The Aa2 rating by Moody's Investment Services was also maintained. Page 555 of 764 ftAHLERS COONEY ATTORNEYS May 21, 2021 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ahlerslaw.com Re: Waterloo, Iowa - $14,370,000 General Obligation Bonds, Series 2021A; and $8,610,000 Taxable General Obligation Bonds, Series 2021B Dear Kelley: Included with this letter are documents to complete Council action in connection with the authorization for the issuance of the above Bonds. 1. The Council procedure consists of the following (for each series): (a) Resolution Appointing Registrar and Paying Agent. This resolution appoints UMB Bank, N.A. to serve as Registrar and Paying Agent. (b) Resolution authorizing the issuance of the Bonds. The resolution incorporates by reference the form of the Tax Exemption Certificate (2021A only) and the Continuing Disclosure Certificate. The resolution must be adopted by an affirmative vote equal to a majority of the full Council membership. (c) Tax Exemption Certificate (2021A Only). The Tax Exemption Certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these Bonds as tax exempt. Please provide an executed copy. (d) Continuing Disclosure Certificate. The form of Continuing Disclosure Certificate, which is described in detail below, is included for approval by the Council under the Resolution authorizing issuance. This Certificate should be signed by the Mayor and the Clerk but not dated. Please return one executed copy. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 556 of 764 May 21, 2021 Page 2 2. Closing Certificates and Documents: (a) Delivery Certificate. This certificate should be signed, BUT NOT DATED. Please complete and confirm the financial data on page 2, execute and return one copy. (b) Transcript Certificate. This certificate is to be executed and sealed in the manner indicated on the second page and may be dated at the time of completion. A_ notary attestation for all official signatures is required. Please execute and return one copy. (c) Authentication Order. Please execute and return one copy to us. (d) County Auditor's Certificate. A true copy of the authorizing resolution as adopted is to be certified and filed with the Auditor of Black Hawk County. The Auditor is asked to certify to such filing on this certificate. Please return one executed copy. (e) Form 8038-G -- Information Return for Tax Exempt Governmental Obligations (2021A Only). Please sign, BUT DO NOT DATE, and return an original one-sided copy to us prior to closing. (0 Paying Agent; Note Registrar and Transfer Agent Agreement. Please execute and return one copy to us. We will obtain signatures from UMB Bank, N.A. and an executed copy will be provided to you after closing. Tax Exemption (2021A Only) The Tax Exemption Certificate is an important document and contains important information concerning the calculated yield on the Bonds and a number of covenants and obligations on the part of the City. This certificate should be retained along with all of your records regarding the use of proceeds, expenditure dates and investment information needed to comply with IRS guidelines. I will not attempt to summarize all of the matters which are included in this certificate but I do want to point out some important ones. Tax exemption is based in part upon the fact that the use of the facilities to be acquired by the City with the with the New Money Portion of the proceeds will be for the benefit of the public and will not be used in the private trade or business of any business or non -tax-exempt entity. The properties acquired with the New Money Portion of the Bond proceeds must not be sold or diverted to any private or nonpublic use unless the significance of that action is reviewed by bond counsel. Tax exemption with respect to the Current Refunded Portion is based in part upon the fact that the use of the facilities acquired by the City with the proceeds of the refunded Bonds will continue to be used by the public and will not be used in the private trade or business of any business or non -tax-exempt entity. The properties acquired with the original proceeds must not Page 557 of 764 May 21, 2021 Page 3 be sold or diverted to any private or nonpublic use unless the significance of that action is reviewed by bond counsel. The Tax Exemption Certificate sets forth the best knowledge and belief which you have as of today concerning the timely expenditure of the proceeds as the City reasonably expects expenditures to occur. If for any reason the City finds it will be prevented from expending the Bond proceeds to refund the outstanding obligations in the manner described in the authorizing resolution fully within three years, that matter should be referred to us. These Bonds are issued under the expectation that the City will be exempt from the requirement to rebate arbitrage earnings to the United States Government since you intend to spend the proceeds of the Bonds for construction purposes within two (2) years of issuance and meet the other requirements of the two-year expenditure exemption from the rebate provisions. These Bonds are also issued under the expectation that the City will be exempt from the requirement to rebate arbitrage earnings to the United States Government since you intend to spend the proceeds of the Bonds within 18 months of issuance in accordance with the schedule described in Section 3.3 of the Tax Exemption Certificate. These Bonds are also issued under the expectation that you will be exempt from the requirement to rebate arbitrage earnings to the United States Government as to the Current Refunded Portion because you will spend this portion of the gross proceeds of the Bonds within six months of the date of issue to call the Refunded Bonds (on June 28, 2021). If for any reason it appears you will not meet this spending requirement, the matter should be brought to our attention immediately. There are a number of other general promises and commitments by the City to take or refrain from action, which are necessary to maintain the tax exemption of these Bonds. You should recognize that these promises and commitments are required of the City on an ongoing basis and that the possibility of some additional future action does exist. Continuing Disclosure Certificate Securities and Exchange Commission Rule 15c2-12, prohibits underwriting and recommendation to the public of the purchase of municipal securities for which adequate secondary market information is not available. The rules apply generally to any municipal offering over $1,000,000. The City therefore has an obligation to provide continuing disclosure to the marketplace while the Bonds are outstanding. The applicable covenants and duties of the City are outlined in the Continuing Disclosure Certificate. The Continuing Disclosure Certificate requires the City to provide annual financial information and operating data and other operating data described in the Continuing Disclosure Certificate to the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system ("EMMA") so long as the Bonds are outstanding, and also to provide notice to EMMA if certain events occur. This information and data must be sent in "searchable PDF" form. You should ensure that your audit and operating data will be available in that format so you may Page 558 of 764 May 21, 2021 Page 4 comply. The events which must be reported are detailed in the certificate, but other events which would be of concern to the rating agencies or Bond holders also should be considered for disclosure under the anti -fraud provisions of the federal securities laws. These disclosure requirements are ongoing and it will be important to designate an appropriate contact person who will have a primary responsibility for preparing and coordinating the filing of the annual financial information, operating data and any event notices. The penalties for violation of the rule fall ultimately on the issuer of the Bonds, because underwriters may be precluded from agreeing to underwrite or bid on Bonds of issuers who have not complied with their disclosure obligations. Failure to comply therefore may result in fewer bids and ultimately no bids or the inability to secure an underwriter for an issue. Closing Matters. As you know, closing of this issue is scheduled to occur on or about June 22, 2021. At the time of closing, the "Purchaser's" copies of the above items will be delivered to the Purchaser of the Bonds in exchange for the agreed purchase price. Our legal opinion also will be delivered to the Purchaser at that time. Should you have any questions, or if we can be of any assistance in completing the enclosed items, please don't hesitate to contact me. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Michelle Weidner, Chief Financial Officer, City of Waterloo (via email w/ encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) Diana Van Vleet, UMB Bank (via email w/encl.) 01890243-1\11310-141 Page 559 of 764 CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Waterloo, State of Iowa (the "Issuer"), in connection with the issuance of $14,370,000 General Obligation Bonds, Series 2021A and $8,610,000 Taxable General Obligation Bonds, Series 2021B (the "Bonds") dated June 22, 2021. The Bonds are being issued pursuant to a Resolution of the Issuer approved on June 7, 2021 (the "Resolution"). The Issuer covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate; Interpretation. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2-12(b)(5). This Disclosure Certificate shall be governed by, construed and interpreted in accordance with the Rule, and, to the extent not in conflict with the Rule, the laws of the State. Nothing herein shall be interpreted to require more than required by the Rule. Section 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Financial Information" shall mean financial information or operating data of the type included in the final Official Statement, provided at least annually by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Business Day" shall mean a day other than a Saturday or a Sunday or a day on which banks in Iowa are authorized or required by law to close. "Dissemination Agent" shall mean the Issuer or any Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Financial Obligation" shall mean a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term Financial Obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with S.E.C. Rule 15c2-12. "Holders" shall mean the registered holders of the Bonds, as recorded in the registration books of the Registrar. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. Page 560 of 764 "Municipal Securities Rulemaking Board" or "MSRB" shall mean the Municipal Securities Rulemaking Board, 1300 I Street NW, Suite 1000, Washington, DC 20005. "National Repository" shall mean the MSRB's Electronic Municipal Market Access website, a/k/a "EMMA" (emma.msrb.org). "Official Statement" shall mean the Issuer's Official Statement for the Bonds, dated May 19, 2021. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission (S.E.C.) under the Securities Exchange Act of 1934, and any guidance and procedures thereunder published by the S.E.C., as the same may be amended from time to time. "State" shall mean the State of Iowa. Section 3. Provision of Annual Financial Information. a) The Issuer shall, or shall cause the Dissemination Agent to, not later than two hundred seventy (270) days after the end of the Issuer's fiscal year (presently June 30th), commencing with information for the 2020/2021 fiscal year, provide to the National Repository an Annual Financial Information filing consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Financial Information filing must be submitted in such format as is required by the MSRB (currently in "searchable PDF" format). The Annual Financial Information filing may be submitted as a single document or as separate documents comprising a package. The Annual Financial Information filing may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Financial Information filing and later than the date required above for the filing of the Annual Financial Information if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). b) If the Issuer is unable to provide to the National Repository the Annual Financial Information by the date required in subsection (a), the Issuer shall send a notice to the Municipal Securities Rulemaking Board, if any, in substantially the forms attached as Exhibit A-1 and A-2. c) The Dissemination Agent shall: i. each year file Annual Financial Information with the National Repository; and 2 Page 561 of 764 ii. (if the Dissemination Agent is other than the Issuer), file a report with the Issuer certifying that the Annual Financial Information has been filed pursuant to this Disclosure Certificate, stating the date it was filed. Section 4. Content of Annual Financial Information. The Issuer's Annual Financial Information filing shall contain or incorporate by reference the following: a) The last available audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under State law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with generally accepted accounting principles, noting the discrepancies therefrom and the effect thereof. If the Issuer's audited financial statements for the preceding years are not available by the time Annual Financial Information is required to be filed pursuant to Section 3(a), the Annual Financial Information filing shall contain unaudited financial statements of the type included in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Financial Information when they become available. b) A table, schedule or other information prepared as of the end of the preceding fiscal year, of the type contained in the final Official Statement under the caption "Socioeconomic Information - Retail Sales", "Local Option Sales Tax", "Property Tax Information", "Debt Information", and "Financial Information." Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been filed with the National Repository. The Issuer shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. a) Pursuant to the provisions of this Section, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not later than 10 Business Days after the day of the occurrence of the event: i. Principal and interest payment delinquencies; ii. Non-payment related defaults, if material; iii. Unscheduled draws on debt service reserves reflecting financial difficulties; iv. Unscheduled draws on credit enhancements relating to the Bonds reflecting financial difficulties; 3 Page 562 of 764 v. Substitution of credit or liquidity providers, or their failure to perform; vi. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax-exempt status of the Series Bonds, or material events affecting the tax-exempt status of the Bonds; vii. Modifications to rights of Holders of the Bonds, if material; viii. Bond calls (excluding sinking fund mandatory redemptions), if material, and tender offers; ix. Defeasances of the Bonds; x. Release, substitution, or sale of property securing repayment of the Bonds, if material; xi. Rating changes on the Bonds; xii. Bankruptcy, insolvency, receivership or similar event of the Issuer; xiii. The consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; xiv. Appointment of a successor or additional trustee or the change of name of a trustee, if material; xv. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the Issuer, any of which affect security holders, if material; and xvi. Default, event of acceleration, termination event, modification of terms or other similar events under the terms of a Financial Obligation of the Issuer, any of which reflect financial difficulties. b) Whenever the Issuer obtains the knowledge of the occurrence of a Listed Event, the Issuer shall determine if the occurrence is subject to notice only if material, and if so shall as soon as possible determine if such event would be material under applicable federal securities laws. c) If the Issuer determines that knowledge of the occurrence of a Listed Event is not subject to materiality, or determines such occurrence is subject to materiality and 4 Page 563 of 764 would be material under applicable federal securities laws, the Issuer shall promptly, but not later than 10 Business Days after the occurrence of the event, file a notice of such occurrence with the Municipal Securities Rulemaking Board through the filing with the National Repository. Section 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Certificate with respect to each Series of Bonds shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds of that Series or upon the Issuer's receipt of an opinion of nationally recognized bond counsel to the effect that, because of legislative action or final judicial action or administrative actions or proceedings, the failure of the Issuer to comply with the terms hereof will not cause Participating Underwriters to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended. Section 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: a) If the amendment or waiver relates to the provisions of Section 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Financial Information filing, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, 5 Page 564 of 764 (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Financial Information filing for the year in which the change is made will present a comparison or other discussion in narrative form (and also, if feasible, in quantitative form) describing or illustrating the material differences between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Financial Information filing or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Financial Information filing or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Financial Information filing or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. Direct, indirect, consequential and punitive damages shall not be recoverable by any person for any default hereunder and are hereby waived to the extent permitted by law. A default under this Disclosure Certificate shall not be deemed an event of default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Section 13. Rescission Rights. The Issuer hereby reserves the right to rescind this Disclosure Certificate without the consent of the Holders in the event the Rule is repealed by the S.E.C. or is ruled invalid by a federal court and the time to appeal from such decision has expired. In the event of a partial repeal or invalidation of the Rule, the Issuer hereby reserves the 6 Page 565 of 764 right to rescind those provisions of this Disclosure Certificate that were required by those parts of the Rule that are so repealed or invalidated. Date: ATTEST: By: day of , 2021. Kelley Felchle, City Clerk 7 CITY OF WATERLOO, STATE OF IOWA By: Quentin M. Hart, Mayor Page 566 of 764 EXHIBIT A-1 NOTICE TO NATIONAL REPOSITORY OF FAILURE TO FILE ANNUAL FINANCIAL INFORMATION Name of Issuer: City of Waterloo, Iowa. Name of Bond Issue: $14,370,000 General Obligation Bonds, Series 2021A Dated Date of Issue: June 22, 2021 NOTICE IS HEREBY GIVEN that the Issuer has not provided Annual Financial Information with respect to the above -named Bonds as required by Section 3 of the Continuing Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer anticipates that the Annual Financial Information will be filed by Dated: day of , 20 CITY OF WATERLOO, STATE OF IOWA By: Its: Page 567 of 764 EXHIBIT A-2 NOTICE TO NATIONAL REPOSITORY OF FAILURE TO FILE ANNUAL FINANCIAL INFORMATION Name of Issuer: City of Waterloo, Iowa. Name of Bond Issue: $8,610,000 Taxable General Obligation Bonds, Series 2021B Dated Date of Issue: June 22, 2021 NOTICE IS HEREBY GIVEN that the Issuer has not provided Annual Financial Information with respect to the above -named Bonds as required by Section 3 of the Continuing Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer anticipates that the Annual Financial Information will be filed by Dated: day of , 20 01877469-1\11310-141 9 CITY OF WATERLOO, STATE OF IOWA By: Its: Page 568 of 764 CITY OF WATERLOO Council Communication Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $14,370,000 General Obligation Bonds, Series 2021A, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/24/2021 ATTACHMENTS: Description Type ❑ 2021A Registrar Agmt Backup Material SUBJECT: Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $14,370,000 General Obligation Bonds, Series 2021A, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary S tatement: Expenditure Required: UMB Bank, N.A. will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee is charged. Annual paying agent fees will be required each year the bonds are outstanding. Source of Funds: Fees are paid using the debt service levy. Page 569 of 764 PAYING AGENT; BOND REGISTRAR AND TRANSFER AGENT AGREEMENT THIS AGREEMENT is made and entered into on June 22, 2021 by and between the City of Waterloo hereinafter called "ISSUER", and UMB Bank, N.A., a national banking association with its principal payment office in Kansas City, Missouri, in its capacity as paying agent and registrar, hereinafter called the "AGENT". WHEREAS, the ISSUER has issued, or is currently in the process of issuing, pursuant to an ordinance, resolution, order, final terms certificate, notice of sale or other authorizing instrument of the governing body of the ISSUER, hereinafter collectively called the "Bond Document" certain bonds, certificates, notes and/or other debt instruments, more particularly described as $14,370,000 General Obligation Bonds, Series 2021A, dated June 22, 2021 hereinafter called the "Bonds"; and WHEREAS, pursuant to the Bond Document, the ISSUER has designated and appointed the AGENT as agent to perform registrar, transfer and paying agent services, to wit: establishing and maintaining a record of the owners of the Bonds, effecting the transfer of ownership of the Bonds in an orderly and efficient manner, making payments of principal and interest when due pursuant to the terms and conditions of the Bonds, and for other related purposes; and WHEREAS, the AGENT has represented that it possesses the necessary qualifications and maintains the necessary facilities to properly perform the required services as such registrar, transfer and paying agent and is willing to serve in such capacities for the ISSUER; NOW THEREFORE, in consideration of mutual promises and covenants herein contained the parties agree as follows: 1. The ISSUER has designated and appointed the AGENT as registrar, transfer and paying agent of the Bonds pursuant to the Bond Document, and the AGENT has accepted such appointment and agrees to provide the services set forth therein and herein. 2. The ISSUER agrees to deliver or cause to be delivered to the AGENT a transcript of the proceedings related to the Bonds to contain the following documents: (a) A copy of the Bond Document, and the consent or approval of any other governmental or regulatory authority, required by law to approve or authorize the issuance of the Bonds; (b) A written opinion by an attorney or by a firm of attorneys with a nationally recognized standing in the field of municipal bond financing, and any supporting or supplemental opinions, to the effect that the Bonds and the Bond Document have been duly authorized and issued by, are legally binding upon and are enforceable against the IS SUER; (c) A closing certificate of the ISSUER, a closing certificate and/or receipt of the purchaser(s) of the Bonds, and such other documents related to the issuance of the Bonds as the Agent reasonably deems necessary or appropriate; and Page 570 of 764 (d) Unless Paragraph 20 hereof is applicable and if requested in writing by AGENT, in addition to the transcript of proceedings a reasonable supply of blank Bond certificates bearing the manual or facsimile signatures of officials of the ISSUER authorized to sign certificates and, if required by the Bond Document, impressed with the ISSUER's seal or facsimile thereof, to enable the AGENT to provide Bond Certificates to the holders of the Bonds upon original issuance or the transfer thereof. The foregoing documents may be subject to the review and approval of legal counsel for the AGENT. Furthermore, the ISSUER shall provide to the AGENT prompt written notification of any future amendment or change in respect of any of the foregoing, together with such documentation as the AGENT reasonably deems necessary or appropriate. 3. Unless Paragraph 20 hereof is applicable, Bond certificates provided by the ISSUER shall be printed in a manner to minimize the possibility of counterfeiting. This requirement shall be deemed satisfied by use of a certificate format meeting the standard developed by the American National Standards Committee or in such other format as the AGENT may accept by its authentication thereof. The AGENT shall have no responsibility for the form or contents of any such certificates. The ISSUER shall, while any of the Bonds are outstanding, provide a reasonable supply of additional blank certificates at any time upon request of the AGENT. All such certificates shall satisfy the requirements set forth in Paragraphs 2(d) and 3. 4. The AGENT shall initially register and authenticate, pursuant to instructions from the ISSUER and/or the initial purchaser(s) of the Bonds, one or more Bonds and shall enter into a Bond registry record the certificate number of the Bond and the name and address of the owner. The AGENT shall maintain such registry of owners of the Bonds until all the Bonds have been fully paid and surrendered. The initial owner of each Bond as reflected in the registry of owners shall not be changed except upon transfers of ownership and in accordance with procedures set forth in the Bond Document or this Agreement. 5. Transfers of ownership of the Bonds shall be made by the AGENT as set forth in the Bond Document. Absent specific guidelines in the Bond Document, transfers of ownership of the Bonds shall be made by the AGENT only upon delivery to the AGENT of a properly endorsed Bond or of a Bond accompanied by a properly endorsed transfer instrument, accompanied by such documents as the AGENT may deem necessary to evidence the authority of the person making the transfer, and satisfactory evidence of compliance with all applicable laws relating to the collection of taxes. The AGENT reserves the right to refuse to transfer any Bond until it is satisfied that each necessary endorsement is genuine and effective, and for that purpose it may require guarantees of signatures in accordance with applicable rules of the Securities and Exchange Commission and the standards and procedures of the AGENT, together with such other assurances as the AGENT shall deem necessary or appropriate. The AGENT shall incur no liability for delays in registering transfers as a result of inquiries into adverse claims or for the refusal in good faith to make transfers which it, in its judgment, deems improper or unauthorized. Upon presentation and surrender of any duly registered Bond and satisfaction of the transferability requirements, the AGENT shall (a) cancel the surrendered Bond; (b) register a new Bond(s) as directed in the same aggregate principal amount and -2 Page 571 of 764 maturity; (c) authenticate the new Bond(s); and (d) enter the transferee's name and address, together with the certificate number of the new Bond(s), in its registry of owners. 6. The AGENT may deliver Bonds by first class, certified, or registered mail, or by courier. 7. Ownership of, payment of the principal amount of, redemption premium, if any, and interest due on the Bonds, delivery of notices, and for all other purposes shall be subject to the provisions of the Bond Document. The AGENT shall have no responsibility to determine the beneficial owners of any Bonds and shall owe no duties to any such beneficial owners. Upon written request and reasonable notice from the ISSUER, the AGENT will mail, at the ISSUER's expense, notices or other communications from the ISSUER to the holders of the Bonds as recorded in the registry maintained by the AGENT. 8. Unless the Bond Document provides otherwise, the ISSUER shall, without notice from or demand of the AGENT, provide to the AGENT funds that are immediately available at least one business day prior to the relevant interest and/or principal payment date, sufficient to pay on each interest payment date and each principal payment date, all interest and principal then payable under the terms and provisions of the Bond Document and the Bonds. The AGENT shall have no responsibility to make any such payments to the extent ISSUER has not provided sufficient immediately available funds to AGENT on the relevant payment date. In the event that an interest and/or principal payment date shall be a date that is not a business day, payment may be made on the next succeeding business day and no interest shall accrue. The term "business day" shall include all days except Saturdays, Sundays and legal holidays recognized by the Federal Reserve Bank of Kansas City, Missouri. 9. Unless otherwise provided in the Bond Document and subject to the provisions of Paragraph 12 hereof, to the extent that the ISSUER has made sufficient funds available to it, the AGENT will pay to the record owners of the Bonds as of any record date (as specified in the Bond certificate or Bond Document) the interest due thereon as of the related interest payment date or any redemption date and, will pay upon presentation and surrender of such Bond at maturity or earlier date of redemption to the owner of any Bond, the principal or redemption amount of such Bond. 10. The AGENT may make a charge against any Bond owner sufficient for the reimbursement of any governmental tax or other charge legally required to be withheld for any reason, including, but not limited to, failure of such owner to provide a correct taxpayer identification number to the AGENT. Such charge may be deducted from an interest or principal payment due to such owner. 11. Unless payment of interest, principal, and redemption premium, if any, is made by electronic transfer all payments will be made by check or draft and mailed to the address of the owner as reflected on the registry of owners, or to such other address as directed in writing by the owner. 12. Subject to the provisions of the Bond Document, the AGENT may pay at maturity or redemption or issue new certificates to replace certificates represented to the AGENT to have -3 Page 572 of 764 been lost, destroyed, stolen or otherwise wrongfully taken, but may first may require the Bond owner to pay a replacement fee, to furnish an affidavit of loss, and/or furnish either an indemnity bond or other indemnification satisfactory to the AGENT indemnifying the ISSUER and the AGENT. 13. The AGENT shall comply with the provisions, if any, of the Bond Document and the rules of the Securities and Exchange Commission pertaining to the cancellation and retention of Bond certificates and the periodic certification to the ISSUER of the cancellation of such Bond certificates. In the event that the ISSUER requests in writing that the AGENT forward to the ISSUER the cancelled Bond certificates, the ISSUER agrees to comply with the foregoing described rules. The AGENT shall have no duty to retain any documents or records pertaining to this Agreement, the Bond Document or the Bonds any longer than eleven years after final maturity of the Bonds, unless otherwise required by the rules of the Securities and Exchange Commission or other applicable law. 14. The records maintained by AGENT in connection with the Bonds shall remain confidential records entitled to protection and confidentiality pursuant to Section 22.7(17), Code of Iowa. AGENT agrees that its use of the records will be limited to the purposes of this Agreement and that AGENT will make no private use or permit any private access thereto without the prior written consent of the ISSUER, which shall not be unreasonably withheld. 15. The AGENT is authorized to act on the order, directions or instructions of such officials as the governing body of ISSUER as the ISSUER by resolution or other proper action shall designate. The AGENT shall be protected in acting upon any paper or document believed by it to be genuine and to have been signed by the proper official(s), and the ISSUER shall promptly notify AGENT in writing of any change in the identity or authority of officials authorized to sign Bond certificates, written instructions or requests. If not so provided in the Bond Document, if any official whose manual or facsimile signature appears on blank Bond certificates shall die, resign or be removed from office or authority before the authentication of such certificates by the Agent, the AGENT may nevertheless issue such certificates until specifically directed to the contrary in writing by the ISSUER. 16. The AGENT shall provide notice(s) to the owners of the Bonds and such depositories, banks, brokers, rating agencies, information services, repositories, or publications as required by the terms of the Bond Document and to any other entities that request such notice(s) and, if so directed in such other manner and to such other parties as the ISSUER shall so direct in writing and at the expense of the ISSUER. 17. The ISSUER shall compensate the AGENT for the AGENT's ordinary services as paying agent and registrar, and shall reimburse the AGENT for all ordinary out-of-pocket expenses, charges, advances, counsel fees and other costs incurred in connection with the Bonds, the Bond Document and this Agreement as set forth in the Exhibit A or as otherwise agreed to by the ISSUER and AGENT in writing. In addition, should it become necessary for the AGENT to perform extraordinary services, the AGENT shall be entitled to extra compensation therefor and reimbursement for any out-of-pocket extraordinary costs and expenses, including, but not limited to, attorneys' fees. AGENT shall use commercially reasonable efforts to provide notice to the Issuer prior to performing extraordinary services or incurring such costs and expenses; provided, -4 Page 573 of 764 however, that AGENT's right to compensation hereunder shall not be affected by any failure to provide such prior notice. 18. The AGENT may resign, or be removed by the ISSUER upon a date which, unless otherwise waived by the other party, is (a) at least thirty days after the receipt of written notice to the other and (b) in the case such notice is given by the AGENT, at least fifteen days prior to the next succeeding principal or interest payment date. Upon the effective date of resignation or removal, all obligations of the AGENT hereunder shall cease and terminate, but AGENT shall not be discharged from any liability for actions taken as AGENT under this Agreement prior to such resignation or removal. In the event of resignation or removal, the AGENT shall deliver the registry of owners and all related books and records in accordance with the written instructions of the ISSUER or any successor agent designated in writing by the ISSUER within a reasonable period following the effective date of its removal or resignation. 19. Whenever in the performance of its duties as Agent hereunder, the Bond Document or under the Bonds the AGENT shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, under the Bond Document or under the Bonds, the AGENT may consult with nationally recognized legal counsel in accordance with its internal policies and procedures, including, but not limited to, legal counsel for the ISSUER, with respect to any matter in connection with this Agreement and it shall not be liable for any action taken or omitted by it in good faith in reliance upon the advice or opinion of such counsel. 20. In the event that the Bond Document provides that the initial registered owner of all of the Bond certificates is or may be the Depository Trust Company, or any other securities depository or registered clearing agency qualified under the Securities and Exchange Act of 1934, as amended (a "Securities Depository"), none of the beneficial owners will receive certificates representing their respective interest in the Bonds. Except to the extent provided otherwise in the Bond Document, the following provisions shall apply: (a) The registry of owners maintained by the AGENT will reflect as owner of the Bonds only the Securities Depository or its nominee, until and unless the ISSUER authorizes the delivery of Bond certificates to the beneficial owners as described in subsection (d) below. (b) It is anticipated that during the term of the Bonds, the Securities Depository will make book -entry transfers among its participants and receive and transmit payments of principal and interest on the Bonds to the participants, unless and until the ISSUER authorizes the delivery of Bonds to the beneficial owners as described in subsection (d) below. (c) The ISSUER may at any time, in accordance with the Bond Document, select and appoint a successor Securities Depository and shall notify the Agent of such selection and appointment in writing. (d) If the ISSUER determines that the holding of the Bonds by the Securities Depository is no longer in the best interests of the beneficial owners of the Bonds, then -5 Page 574 of 764 the AGENT, at the written instruction and expense of the ISSUER, shall notify the beneficial owners of the Bonds by first class mail of such determination and of the availability of certificates to owners requesting the same. The AGENT shall register in the names of and authenticate and deliver certificates representing their respective interests in the Bonds to the beneficial owners or their nominees, in principal amounts and maturities representing the interest of each, making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for redemption. In such event, all references to the Securities Depository herein shall relate to the period of time when at least one Bond is registered in the name of the Securities Depository or its nominee. For the purposes of this paragraph, the AGENT may conclusively rely on information provided by the Securities Depository and its participants as to principal amounts held by and the names and mailing addresses of the beneficial owners of the Bonds, and shall not be responsible for any investigation to determine the beneficial owners. The cost of printing certificates for the Bonds and expenses of the AGENT shall be paid by the ISSUER. 21. The AGENT shall not be liable for any error in judgment in fulfilling its obligations under this Agreement or the Bond Document that is made in good faith by an officer or employee of the AGENT unless it shall be determined by a court of competent jurisdiction that the AGENT was negligent in ascertaining the pertinent facts or acted intentionally in bad faith. The AGENT shall not be under any obligation to prosecute or defend any action or suit in connection with its duties under the Bond Document or this Agreement or in respect of the Bonds, which, in its opinion, may involve it in expense or liability, unless satisfactory security and indemnity is furnished to the Agent (except as may result from the AGENT's own negligence or willful misconduct). The AGENT shall only be responsible for performing such duties as are set forth herein, required by the Bond Document, or otherwise agreed to in writing by the AGENT. 22. It is mutually understood and agreed that, unless otherwise provided in the Bonds or Bond Document, this Agreement shall be governed by the laws of the State of Iowa, both as to interpretation and performance. 23. The Bond Document and the terms thereof are hereby incorporated by reference and the provisions of this Agreement are to be construed to be consistent with the Bond Document. In the event of inconsistent language between the Bond Document and this Agreement, the terms of the Bond Document shall prevail. 24. AGENT shall comply at all times with such rules, regulations, and requirements as may govern the registration, transfer and payment of registered bonds including without limitation Chapters 76, 384, 403, and Section 554.8101 et seq. Code of Iowa and standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986. 25. In the event any payment check representing payment of interest or principal on the Bonds is returned to the AGENT or is not presented for payment, or if any Bond is not presented for payment of principal or premium, if any, at the maturity or redemption date, if -6 Page 575 of 764 funds sufficient to pay such interest on Bonds shall have been made available to the AGENT for the benefit of the owner thereof, all liability of the ISSUER to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the AGENT to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Agreement or on, or with respect to, such interest or Bonds. The AGENT'S obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the AGENT, shall surrender any remaining funds so held to the ISSUER, whereupon any claim under this Agreement by the Bond owners of such interest or Bonds of whatever nature shall be made upon the ISSUER. 26. It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any applicable law, regulation or rule, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 27. This Agreement shall be binding upon the respective parties hereto and their heirs, executors, successors or assigns. If AGENT consolidates, merges or converts into, or transfers all or substantially all of its corporate trust business (including this Agreement) to another corporation which is a transfer agent properly registered with and in compliance with the rules of the Securities and Exchange Commission, AGENT shall provide written notice to ISSUER of such event at least sixty (60) days prior to its becoming effective, and the successor corporation without any further act shall be the successor AGENT. Except as provided in this section this Agreement may not be assigned by any party without the written consent of the other party. 28. All notices, demands, and requests required or permitted to be given to the ISSUER or AGENT under the provisions hereof must be in writing and shall be deemed to have been sufficiently given, upon receipt if (i) personally delivered, (ii) sent by telecopy and confirmed by phone or (iii) mailed by registered or certified mail, with return receipt requested, delivered as follows: If to AGENT: If to ISSUER: UMB Bank, N.A. Attn: Corporate Trust & Escrow Services 7155 Lake Drive, Suite 120 West Des Moines, Iowa 50266 City of Waterloo City Clerk 715 Mulberry Waterloo, Iowa 50703 -7 Page 576 of 764 29. The parties hereto agree that the transactions described herein may be conducted and related documents may be sent, received or stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. 30. In order to comply with provisions of the USA PATRIOT Act of 2001, as amended from time to time, and the Bank Secrecy Act, as amended from time to time, the AGENT may request certain information and/or documentation to verify confirm and record identification of persons or entities who are parties to this Agreement. 31. If the Bonds are eligible for receipt of any U.S. Treasury Interest Subsidy and if so directed by the Bond Document or, as agreed to in writing between the ISSUER and the AGENT, the AGENT shall comply with the provisions, if any, relating to it as described in the Bond Document or as otherwise agreed upon in writing between the ISSUER and the AGENT. The AGENT shall not be responsible for completion of or the actual filing of Form 8038-CP (or any successor form) with the IRS or any payment from the United States Treasury in accordance with § § 54AA and 6431 of the Code. IN WITNESS WHEREOF, the parties hereto have, by their duly authorized signatories, set their respective hands and seals as of this day of , 2021. ATTEST: By: Kelley Felchle, City Clerk CITY OF WATERLOO, STATE OF IOWA, ISSUER By: Quentin Hart, Mayor -8 Page 577 of 764 ATTEST: By: (Title) UMB BANK N.A., as PAYING AGENT/REGISTRAR By: (Title) -9 Page 578 of 764 EXHIBIT A Paying Agent/Registrar's Fee 01890785-1\11310-141 Page 579 of 764 CITY OF WATERLOO Council Communication Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $8,610,000 Taxable General Obligation Bonds, Series 2021B, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/24/2021 ATTACHMENTS: Description Type ❑ 2021B Registrar Agmt Backup Material SUBJECT: Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $8,610,000 Taxable General Obligation Bonds, Series 2021B, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary S tatement: Expenditure Required: UMB Bank, N.A. will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee is charged. Annual paying agent fees will be required each year the bonds are outstanding. Source of Funds: Fees are paid using the debt service levy. Page 580 of 764 PAYING AGENT; BOND REGISTRAR AND TRANSFER AGENT AGREEMENT THIS AGREEMENT is made and entered into on June 22, 2021 by and between the City of Waterloo hereinafter called "ISSUER", and UMB Bank, N.A., a national banking association with its principal payment office in Kansas City, Missouri, in its capacity as paying agent and registrar, hereinafter called the "AGENT". WHEREAS, the ISSUER has issued, or is currently in the process of issuing, pursuant to an ordinance, resolution, order, final terms certificate, notice of sale or other authorizing instrument of the governing body of the ISSUER, hereinafter collectively called the "Bond Document" certain bonds, certificates, notes and/or other debt instruments, more particularly described as $8,610,000 Taxable General Obligation Bonds, Series 2021B, dated June 22, 2021 hereinafter called the "Bonds"; and WHEREAS, pursuant to the Bond Document, the ISSUER has designated and appointed the AGENT as agent to perform registrar, transfer and paying agent services, to wit: establishing and maintaining a record of the owners of the Bonds, effecting the transfer of ownership of the Bonds in an orderly and efficient manner, making payments of principal and interest when due pursuant to the terms and conditions of the Bonds, and for other related purposes; and WHEREAS, the AGENT has represented that it possesses the necessary qualifications and maintains the necessary facilities to properly perform the required services as such registrar, transfer and paying agent and is willing to serve in such capacities for the ISSUER; NOW THEREFORE, in consideration of mutual promises and covenants herein contained the parties agree as follows: 1. The ISSUER has designated and appointed the AGENT as registrar, transfer and paying agent of the Bonds pursuant to the Bond Document, and the AGENT has accepted such appointment and agrees to provide the services set forth therein and herein. 2. The ISSUER agrees to deliver or cause to be delivered to the AGENT a transcript of the proceedings related to the Bonds to contain the following documents: (a) A copy of the Bond Document, and the consent or approval of any other governmental or regulatory authority, required by law to approve or authorize the issuance of the Bonds; (b) A written opinion by an attorney or by a firm of attorneys with a nationally recognized standing in the field of municipal bond financing, and any supporting or supplemental opinions, to the effect that the Bonds and the Bond Document have been duly authorized and issued by, are legally binding upon and are enforceable against the IS SUER; (c) A closing certificate of the ISSUER, a closing certificate and/or receipt of the purchaser(s) of the Bonds, and such other documents related to the issuance of the Bonds as the Agent reasonably deems necessary or appropriate; and Page 581 of 764 (d) Unless Paragraph 20 hereof is applicable and if requested in writing by AGENT, in addition to the transcript of proceedings a reasonable supply of blank Bond certificates bearing the manual or facsimile signatures of officials of the ISSUER authorized to sign certificates and, if required by the Bond Document, impressed with the ISSUER's seal or facsimile thereof, to enable the AGENT to provide Bond Certificates to the holders of the Bonds upon original issuance or the transfer thereof. The foregoing documents may be subject to the review and approval of legal counsel for the AGENT. Furthermore, the ISSUER shall provide to the AGENT prompt written notification of any future amendment or change in respect of any of the foregoing, together with such documentation as the AGENT reasonably deems necessary or appropriate. 3. Unless Paragraph 20 hereof is applicable, Bond certificates provided by the ISSUER shall be printed in a manner to minimize the possibility of counterfeiting. This requirement shall be deemed satisfied by use of a certificate format meeting the standard developed by the American National Standards Committee or in such other format as the AGENT may accept by its authentication thereof. The AGENT shall have no responsibility for the form or contents of any such certificates. The ISSUER shall, while any of the Bonds are outstanding, provide a reasonable supply of additional blank certificates at any time upon request of the AGENT. All such certificates shall satisfy the requirements set forth in Paragraphs 2(d) and 3. 4. The AGENT shall initially register and authenticate, pursuant to instructions from the ISSUER and/or the initial purchaser(s) of the Bonds, one or more Bonds and shall enter into a Bond registry record the certificate number of the Bond and the name and address of the owner. The AGENT shall maintain such registry of owners of the Bonds until all the Bonds have been fully paid and surrendered. The initial owner of each Bond as reflected in the registry of owners shall not be changed except upon transfers of ownership and in accordance with procedures set forth in the Bond Document or this Agreement. 5. Transfers of ownership of the Bonds shall be made by the AGENT as set forth in the Bond Document. Absent specific guidelines in the Bond Document, transfers of ownership of the Bonds shall be made by the AGENT only upon delivery to the AGENT of a properly endorsed Bond or of a Bond accompanied by a properly endorsed transfer instrument, accompanied by such documents as the AGENT may deem necessary to evidence the authority of the person making the transfer, and satisfactory evidence of compliance with all applicable laws relating to the collection of taxes. The AGENT reserves the right to refuse to transfer any Bond until it is satisfied that each necessary endorsement is genuine and effective, and for that purpose it may require guarantees of signatures in accordance with applicable rules of the Securities and Exchange Commission and the standards and procedures of the AGENT, together with such other assurances as the AGENT shall deem necessary or appropriate. The AGENT shall incur no liability for delays in registering transfers as a result of inquiries into adverse claims or for the refusal in good faith to make transfers which it, in its judgment, deems improper or unauthorized. Upon presentation and surrender of any duly registered Bond and satisfaction of the transferability requirements, the AGENT shall (a) cancel the surrendered Bond; (b) register a new Bond(s) as directed in the same aggregate principal amount and -2 Page 582 of 764 maturity; (c) authenticate the new Bond(s); and (d) enter the transferee's name and address, together with the certificate number of the new Bond(s), in its registry of owners. 6. The AGENT may deliver Bonds by first class, certified, or registered mail, or by courier. 7. Ownership of, payment of the principal amount of, redemption premium, if any, and interest due on the Bonds, delivery of notices, and for all other purposes shall be subject to the provisions of the Bond Document. The AGENT shall have no responsibility to determine the beneficial owners of any Bonds and shall owe no duties to any such beneficial owners. Upon written request and reasonable notice from the ISSUER, the AGENT will mail, at the ISSUER's expense, notices or other communications from the ISSUER to the holders of the Bonds as recorded in the registry maintained by the AGENT. 8. Unless the Bond Document provides otherwise, the ISSUER shall, without notice from or demand of the AGENT, provide to the AGENT funds that are immediately available at least one business day prior to the relevant interest and/or principal payment date, sufficient to pay on each interest payment date and each principal payment date, all interest and principal then payable under the terms and provisions of the Bond Document and the Bonds. The AGENT shall have no responsibility to make any such payments to the extent ISSUER has not provided sufficient immediately available funds to AGENT on the relevant payment date. In the event that an interest and/or principal payment date shall be a date that is not a business day, payment may be made on the next succeeding business day and no interest shall accrue. The term "business day" shall include all days except Saturdays, Sundays and legal holidays recognized by the Federal Reserve Bank of Kansas City, Missouri. 9. Unless otherwise provided in the Bond Document and subject to the provisions of Paragraph 12 hereof, to the extent that the ISSUER has made sufficient funds available to it, the AGENT will pay to the record owners of the Bonds as of any record date (as specified in the Bond certificate or Bond Document) the interest due thereon as of the related interest payment date or any redemption date and, will pay upon presentation and surrender of such Bond at maturity or earlier date of redemption to the owner of any Bond, the principal or redemption amount of such Bond. 10. The AGENT may make a charge against any Bond owner sufficient for the reimbursement of any governmental tax or other charge legally required to be withheld for any reason, including, but not limited to, failure of such owner to provide a correct taxpayer identification number to the AGENT. Such charge may be deducted from an interest or principal payment due to such owner. 11. Unless payment of interest, principal, and redemption premium, if any, is made by electronic transfer all payments will be made by check or draft and mailed to the address of the owner as reflected on the registry of owners, or to such other address as directed in writing by the owner. 12. Subject to the provisions of the Bond Document, the AGENT may pay at maturity or redemption or issue new certificates to replace certificates represented to the AGENT to have -3 Page 583 of 764 been lost, destroyed, stolen or otherwise wrongfully taken, but may first may require the Bond owner to pay a replacement fee, to furnish an affidavit of loss, and/or furnish either an indemnity bond or other indemnification satisfactory to the AGENT indemnifying the ISSUER and the AGENT. 13. The AGENT shall comply with the provisions, if any, of the Bond Document and the rules of the Securities and Exchange Commission pertaining to the cancellation and retention of Bond certificates and the periodic certification to the ISSUER of the cancellation of such Bond certificates. In the event that the ISSUER requests in writing that the AGENT forward to the ISSUER the cancelled Bond certificates, the ISSUER agrees to comply with the foregoing described rules. The AGENT shall have no duty to retain any documents or records pertaining to this Agreement, the Bond Document or the Bonds any longer than eleven years after final maturity of the Bonds, unless otherwise required by the rules of the Securities and Exchange Commission or other applicable law. 14. The records maintained by AGENT in connection with the Bonds shall remain confidential records entitled to protection and confidentiality pursuant to Section 22.7(17), Code of Iowa. AGENT agrees that its use of the records will be limited to the purposes of this Agreement and that AGENT will make no private use or permit any private access thereto without the prior written consent of the ISSUER, which shall not be unreasonably withheld. 15. The AGENT is authorized to act on the order, directions or instructions of such officials as the governing body of ISSUER as the ISSUER by resolution or other proper action shall designate. The AGENT shall be protected in acting upon any paper or document believed by it to be genuine and to have been signed by the proper official(s), and the ISSUER shall promptly notify AGENT in writing of any change in the identity or authority of officials authorized to sign Bond certificates, written instructions or requests. If not so provided in the Bond Document, if any official whose manual or facsimile signature appears on blank Bond certificates shall die, resign or be removed from office or authority before the authentication of such certificates by the Agent, the AGENT may nevertheless issue such certificates until specifically directed to the contrary in writing by the ISSUER. 16. The AGENT shall provide notice(s) to the owners of the Bonds and such depositories, banks, brokers, rating agencies, information services, repositories, or publications as required by the terms of the Bond Document and to any other entities that request such notice(s) and, if so directed in such other manner and to such other parties as the ISSUER shall so direct in writing and at the expense of the ISSUER. 17. The ISSUER shall compensate the AGENT for the AGENT's ordinary services as paying agent and registrar, and shall reimburse the AGENT for all ordinary out-of-pocket expenses, charges, advances, counsel fees and other costs incurred in connection with the Bonds, the Bond Document and this Agreement as set forth in the Exhibit A or as otherwise agreed to by the ISSUER and AGENT in writing. In addition, should it become necessary for the AGENT to perform extraordinary services, the AGENT shall be entitled to extra compensation therefor and reimbursement for any out-of-pocket extraordinary costs and expenses, including, but not limited to, attorneys' fees. AGENT shall use commercially reasonable efforts to provide notice to the Issuer prior to performing extraordinary services or incurring such costs and expenses; provided, -4 Page 584 of 764 however, that AGENT's right to compensation hereunder shall not be affected by any failure to provide such prior notice. 18. The AGENT may resign, or be removed by the ISSUER upon a date which, unless otherwise waived by the other party, is (a) at least thirty days after the receipt of written notice to the other and (b) in the case such notice is given by the AGENT, at least fifteen days prior to the next succeeding principal or interest payment date. Upon the effective date of resignation or removal, all obligations of the AGENT hereunder shall cease and terminate, but AGENT shall not be discharged from any liability for actions taken as AGENT under this Agreement prior to such resignation or removal. In the event of resignation or removal, the AGENT shall deliver the registry of owners and all related books and records in accordance with the written instructions of the ISSUER or any successor agent designated in writing by the ISSUER within a reasonable period following the effective date of its removal or resignation. 19. Whenever in the performance of its duties as Agent hereunder, the Bond Document or under the Bonds the AGENT shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, under the Bond Document or under the Bonds, the AGENT may consult with nationally recognized legal counsel in accordance with its internal policies and procedures, including, but not limited to, legal counsel for the ISSUER, with respect to any matter in connection with this Agreement and it shall not be liable for any action taken or omitted by it in good faith in reliance upon the advice or opinion of such counsel. 20. In the event that the Bond Document provides that the initial registered owner of all of the Bond certificates is or may be the Depository Trust Company, or any other securities depository or registered clearing agency qualified under the Securities and Exchange Act of 1934, as amended (a "Securities Depository"), none of the beneficial owners will receive certificates representing their respective interest in the Bonds. Except to the extent provided otherwise in the Bond Document, the following provisions shall apply: (a) The registry of owners maintained by the AGENT will reflect as owner of the Bonds only the Securities Depository or its nominee, until and unless the ISSUER authorizes the delivery of Bond certificates to the beneficial owners as described in subsection (d) below. (b) It is anticipated that during the term of the Bonds, the Securities Depository will make book -entry transfers among its participants and receive and transmit payments of principal and interest on the Bonds to the participants, unless and until the ISSUER authorizes the delivery of Bonds to the beneficial owners as described in subsection (d) below. (c) The ISSUER may at any time, in accordance with the Bond Document, select and appoint a successor Securities Depository and shall notify the Agent of such selection and appointment in writing. (d) If the ISSUER determines that the holding of the Bonds by the Securities Depository is no longer in the best interests of the beneficial owners of the Bonds, then -5 Page 585 of 764 the AGENT, at the written instruction and expense of the ISSUER, shall notify the beneficial owners of the Bonds by first class mail of such determination and of the availability of certificates to owners requesting the same. The AGENT shall register in the names of and authenticate and deliver certificates representing their respective interests in the Bonds to the beneficial owners or their nominees, in principal amounts and maturities representing the interest of each, making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for redemption. In such event, all references to the Securities Depository herein shall relate to the period of time when at least one Bond is registered in the name of the Securities Depository or its nominee. For the purposes of this paragraph, the AGENT may conclusively rely on information provided by the Securities Depository and its participants as to principal amounts held by and the names and mailing addresses of the beneficial owners of the Bonds, and shall not be responsible for any investigation to determine the beneficial owners. The cost of printing certificates for the Bonds and expenses of the AGENT shall be paid by the ISSUER. 21. The AGENT shall not be liable for any error in judgment in fulfilling its obligations under this Agreement or the Bond Document that is made in good faith by an officer or employee of the AGENT unless it shall be determined by a court of competent jurisdiction that the AGENT was negligent in ascertaining the pertinent facts or acted intentionally in bad faith. The AGENT shall not be under any obligation to prosecute or defend any action or suit in connection with its duties under the Bond Document or this Agreement or in respect of the Bonds, which, in its opinion, may involve it in expense or liability, unless satisfactory security and indemnity is furnished to the Agent (except as may result from the AGENT's own negligence or willful misconduct). The AGENT shall only be responsible for performing such duties as are set forth herein, required by the Bond Document, or otherwise agreed to in writing by the AGENT. 22. It is mutually understood and agreed that, unless otherwise provided in the Bonds or Bond Document, this Agreement shall be governed by the laws of the State of Iowa, both as to interpretation and performance. 23. The Bond Document and the terms thereof are hereby incorporated by reference and the provisions of this Agreement are to be construed to be consistent with the Bond Document. In the event of inconsistent language between the Bond Document and this Agreement, the terms of the Bond Document shall prevail. 24. AGENT shall comply at all times with such rules, regulations, and requirements as may govern the registration, transfer and payment of registered bonds including without limitation Chapters 76, 384, 403 and Section 554.8101 et seq. Code of Iowa and standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986. 25. In the event any payment check representing payment of interest or principal on the Bonds is returned to the AGENT or is not presented for payment, or if any Bond is not presented for payment of principal or premium, if any, at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the AGENT for -6 Page 586 of 764 the benefit of the owner thereof, all liability of the ISSUER to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the AGENT to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Agreement or on, or with respect to, such interest or Bonds. The AGENT'S obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the AGENT, shall surrender any remaining funds so held to the ISSUER, whereupon any claim under this Agreement by the Bond owners of such interest or Bonds of whatever nature shall be made upon the ISSUER. 26. It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any applicable law, regulation or rule, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 27. This Agreement shall be binding upon the respective parties hereto and their heirs, executors, successors or assigns. If AGENT consolidates, merges or converts into, or transfers all or substantially all of its corporate trust business (including this Agreement) to another corporation which is a transfer agent properly registered with and in compliance with the rules of the Securities and Exchange Commission, AGENT shall provide written notice to ISSUER of such event at least sixty (60) days prior to its becoming effective, and the successor corporation without any further act shall be the successor AGENT. Except as provided in this section this Agreement may not be assigned by any party without the written consent of the other party. 28. All notices, demands, and requests required or permitted to be given to the ISSUER or AGENT under the provisions hereof must be in writing and shall be deemed to have been sufficiently given, upon receipt if (i) personally delivered, (ii) sent by telecopy and confirmed by phone or (iii) mailed by registered or certified mail, with return receipt requested, delivered as follows: If to AGENT: If to ISSUER: UMB Bank, N.A. Attn: Corporate Trust & Escrow Services 7155 Lake Drive, Suite 120 West Des Moines, Iowa 50266 City of Waterloo City Clerk 715 Mulberry Waterloo, Iowa 50703 29. The parties hereto agree that the transactions described herein may be conducted and related documents may be sent, received or stored by electronic means. Copies, telecopies, -7 Page 587 of 764 facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. 30. In order to comply with provisions of the USA PATRIOT Act of 2001, as amended from time to time, and the Bank Secrecy Act, as amended from time to time, the AGENT may request certain information and/or documentation to verify confirm and record identification of persons or entities who are parties to this Agreement. 31. If the Bonds are eligible for receipt of any U.S. Treasury Interest Subsidy and if so directed by the Bond Document or, as agreed to in writing between the ISSUER and the AGENT, the AGENT shall comply with the provisions, if any, relating to it as described in the Bond Document or as otherwise agreed upon in writing between the ISSUER and the AGENT. The AGENT shall not be responsible for completion of or the actual filing of Form 8038-CP (or any successor form) with the IRS or any payment from the United States Treasury in accordance with § § 54AA and 6431 of the Code. IN WITNESS WHEREOF, the parties hereto have, by their duly authorized signatories, set their respective hands and seals as of this day of , 2021. ATTEST: By: Kelley Felchle, City Clerk CITY OF WATERLOO, STATE OF IOWA, ISSUER By: Quentin Hart, Mayor -8 Page 588 of 764 ATTEST: By: (Title) UMB BANK N.A., as PAYING AGENT/REGISTRAR By: (Title) -9 Page 589 of 764 EXHIBIT A Paying Agent/Registrar's Fee 01890940-1\11310-142 Page 590 of 764 CITY OF WATERLOO Council Communication Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $291,952, in conjunction with the FY 2022 Lake Street RISE Project, Contract No. 1051, with City matching funds of $291,952, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Cont 1051_FundingAgreement Backup Material SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $291,952, in conjunction with the FY 2022 Lake Street RISE Project, Contract No. 1051, with City matching funds of $291,952, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer This Agreement with Iowa DOT is for $291,952.00 in RISE funding. Waterloo's 50% match amounts to $291,952.00 for grand total project funds of $583,904.00. Page 591 of 764 Iowa Department of Transportation Agreement for a Revitalize Iowa's Sound Economy Program (RISE) Project RECIPIENT: Waterloo PROJECT NO: RM-8155(778)--9D-07 IOWA DOT AGREEMENT NO.: 2021-R-014 This is an agreement between Waterloo (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315, and the application was approved by Transportation Commission Order No. PPM-2021-84 on May 11, 2021. Pursuant to the terms of this agreement, and applicable statutes and administrative rules the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with the construction of approximately 1,025 feet of Lake Street located on the northwest side of town. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be Jennifer Kolacia, Systems Planning Bureau, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1738, email Jennifer.Kolacia@iowadot.us. The Recipient's contact person shall be Noel Anderson, Community Planning and Economic Development Director, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, noel.anderson@waterloo-ia.org, 319-291-4366. 3. The Recipient shall be responsible for the development and completion of the following described project: Construction of approximately 1,025 feet of Lake Street located on the northwest side of town. Provide improved access to two lots totaling more than 32 acres for industrial purposes. The associated economic development is the majority of the designated development area (32 acres in total and shown on Exhibit A) will be developed with RISE eligible land uses. See Exhibit A. Page 592 of 764 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, date of project approval (funding commitment) by the Transportation Commission shall be paid as follows: City RISE Funds: $291,952 Waterloo Local Contribution: $291,952 Project Total: $583,904 5. The local contribution stated above may include cash or non -cash contributions to the project. The Recipient shall certify to the DOT the value of any non -cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non -cash contribution for the purposes of this agreement. If, as a result of the DOT's determination, the Recipient's total cash and non -cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion of total project costs paid by RISE grant shall not exceed the amount stated above $291,952 or 50 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DOT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients so affected. 11. The attached project implementation schedule, Exhibit D, shall be used unless the Recipient submits to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a revised implementation schedule. Page 593 of 764 12. The Recipient must have let the contract or construction started within three years of the date this project is approved by DOT. If the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement is not assignable without the prior written consent of the DOT. 17. If the project described in Section 3 of this agreement crosses a DOT primary road, then: A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Road Design and Maintenance Bureau with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this projects' purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this projects' purposes shall be subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. 18. The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the Page 594 of 764 procedures set forth in the DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal -aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 19. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOT's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal -aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 20. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. The Recipient shall complete all known required environmental permits before the project is advertised for letting. In addition, the Recipient shall fully comply with all applicable environmental requirements before funds are reimbursed or credited. The approval of the project application for funding nor the signing of this agreement nor the concurrence to advertise shall be construed as approval of any required permit from DOT. 21. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter (IAC) 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 22. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 23. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at least thirty (30) days prior to the project advertising of each division. Project cannot be advertised until DOT concurrence has been acquired. The DOT shall review said Page 595 of 764 submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project letting. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 24. The Recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 25. The Recipient shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The Recipient shall also make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the Recipient if requested. 26. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 27. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than five percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If, upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 28. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project the Recipient shall furnish a set of "as -built" plans of the project to the DOT. Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. 29. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public Page 596 of 764 safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 30. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews and funding participation. 31. This agreement may be declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 32. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 33. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement, the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 34. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. 35. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DOT. Failure to comply with this provision may be considered a default of this agreement. Page 597 of 764 36. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 37. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E which is attached hereto and by this reference incorporated into this agreement. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. 39. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40. Local Development: The Recipient shall notify the DOT's contact person within 30 days of the date the RISE project was constructed and open to traffic. The Recipient shall certify to the DOT's contact person within three years of the date the RISE project is constructed and open to traffic any associated economic development which has resulted from the project, including infrastructure improvements, capital investment, and/or job creation. This certification by the Recipient is subject to review by the DOT. Land: The Recipient shall also provide certification documentation to the DOT's contact person within three years of the date the RISE project is constructed and open to traffic that the majority of the area that was developed is RISE eligible. The Recipient will certify that the developed area has been maintained as a RISE eligible development and that the said development meets RISE eligibility requirements. This certification by the Recipient is subject to audit by the DOT and the DOT has sole authority to determine whether the associated economic development has been accomplished. If the majority of the developed area is not RISE eligible then the Recipient shall pay back an amount determined by the DOT up to the full repayment of the RISE award. The DOT shall monitor the progress of the associated economic development following the construction of the RISE project. Failure to certify the associated economic development shall be considered a default under this agreement. 41. This agreement as set forth in sections 1 through 41 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this Page 598 of 764 project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. Page 599 of 764 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2021-R-014 as of the date shown opposite its signature below. RECIPIENT: Waterloo By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 By: Date , 20 Craig Markley Director Systems Planning Bureau Page 600 of 764 Exhibit A Project Site Map: Future Extension Oilers Lip 20.5 Acre& Future EiLnsion eilrUFLE tkTG�610HF Page 601 of 764 Exhibit B Project activities or costs eligible for RISE funding, and which may be counted as part of the non -RISE participation in immediate opportunity and local development roadway projects, include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement overlays and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction. c. Roadway intersection and interchange improvements including warranted traffic signalization when it is integral to the improvement. d. Public transportation system improvements, including but not limited to bus shelters, bus turnouts, and passenger information signage, when they are integral to the roadway improvement and were approved for inclusion in the project by the Department prior to the funding commitment. e. Bicycle and pedestrian infrastructure improvements, including but not limited to sidewalks, at -grade pedestrian crossings, bike lanes, and separated bike lanes, when they are integral to the roadway improvement and were approved for inclusion in the project by the Department prior to the funding commitment. f. Right-of-way acquisition costs, including but not limited to appraisals, negotiation, compensation, and cultural resources surveys necessary to comply with applicable local, state and federal laws, rules and regulations. g. Construction or improvement of motorist rest areas, welcome centers and information centers. h. Design engineering costs leading to construction plan development and construction inspection costs associated with RISE -financed projects. i. County and City bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to funding commitment shall be eligible. Storm drainage and storm sewer costs to the extent needed for draining the roadway. k. Reconstruction or adjustment of utilities, including but not limited to water, sanitary sewer, electric, telephone, and natural gas, when utilities are located on private property and require replacement or relocation due to project construction; or said utilities are located in the public right-of-way and the utility is not required to relocate at its own expense. 1. Costs associated with the acquisition of local, state and federal permits required for roadway construction. Page 602 of 764 Exhibit C Activities or costs ineligible for RISE funding, and which may not be counted as part of the non - RISE participation in immediate opportunity or local development roadway projects, include but are not limited to the following: a. Any and all costs incurred prior to a funding commitment by the Transportation Commission unless granted advance eligibility to incur costs according to Administrative Rule 761-163.9(315)- b. Routine roadway, bridge and culvert maintenance, including but not limited to pothole filling, crack sealing, seal coating, patching, shoulder maintenance, gravel or earth roadway maintenance, and bridge painting. c. Winter roadway and bridge maintenance, including but not limited to snow plowing, sanding and salting. d. Overhead and operating costs associated with eligible project activities, including auditing. e. Expenses associated with the preparation and submission of applications for RISE funding. f. Pre -design engineering, feasibility or alignment studies, and other planning expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. i. Utility construction, reconstruction or adjustment except for those activities or costs described in Exhibit B, Item k. Safety appurtenances, except as an integral part of a roadway project. k. Lighting, except as an integral part of a roadway project. 1. Lighting energy and maintenance costs. m. Sidewalks, bicycle paths and railroad -highway crossings, except when replacing those facilities in service and affected by the project, or as an integral part of a roadway project. n. Parking expenditures, including those for structure, lots, meters, paving, and marking whether on -street or off-street parking. o. Non -roadway transportation expenditures, including those for railway, aviation, public transportation and inland waterway facilities and equipment. p. Purchase of furnishings, construction equipment and personal property. Page 603 of 764 q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. r. Donated right of way. Page 604 of 764 Exhibit D Project Implementation Schedule: Commission Approval Date: May 11, 2021 Construction: September 2021 Project Closeout: May 2022 Page 605 of 764 Exhibit E CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects) September 2020 Page 606 of 764 September 2020 CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal -aid Projects (Third-partyState-AssistedProjects) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(10), 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 19B.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 1963 Bell Avenue, Suite 200 Des Moines, IA 50315 Phone: (515-348-6159) Website: https://iowaeconomicdevelopment.com/tsb 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, manufacturers 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. CONTRACTORS SHALL APPOINT AN EQUAL 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 (515-348-6159) to identify potential material suppliers, manufacturers and contractors. Page 1 Page 607 of 764 TSB Affirmative Action Responsibilities 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 submitted. Maintain complete records of negotiations 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. E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. 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 materials/supplies 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 may count: 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 useful function. 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 prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD 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: Page 2 Page 608 of 764 TSB Affirmative Action Responsibilities 1) Name(s) of the TSB(s) contacted regarding subcontractable items. 2) Date of the 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 Contract Information Form. C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre -bid Contact Information Form, then the contractor shall document all 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 Iowa Economic Development Authority. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSINGED Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Form 730007, "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. Form 730007 can be found here: https://forms.iowadot.gov/FormsMgt/Externa1/730007.doc Page 3 Page 609 of 764 Form 730007WP 7-97 Contractor Project# TARGETED SMALL BUSINESS (TSB) PRE -BID CONTACT INFORMATION County City (To Be Completed By All Bidders Per The Current Contract Provision) Page# In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE -BID TARGETED SMALL BUSINESS (TSBCONTACTS ISUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: Page 4 Page 610 of 764 June 2019 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small 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 (515-348- 6159) or from its website at: https://iowaeconomicdevelopment.com/tsb. 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 from the Administering Bureau. 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. Form 260017 "Checklist and Certification for the Utilization of TSBs" shall be filled out upon completion of each project, and sent to Iowa Department of Transportation, Civil Rights Bureau, 800 Lincoln Way, Ames, IA 50010: https://forms.iowadot.gov/FormsMgt/External/260017.pdf. Page 5 Page611 of764 June 2019 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: 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? -YES ❑NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES I— 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, I 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 Date Page 6 Page 612 of 764 CITY OF WATERLOO Council Communication Resolution approving Right -of -Way License Agreement with Bluebird Network, LLC, of Columbia, Missouri, to allow use of city right-of-way for a communication system, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description D ROW License Agreement_ Bluebird Network, LLC D Bluebird Nework LLC 1 D Bluebird Nework LLC 2 D Bluebird Nework LLC 3 SUBJECT: Submitted by: Background Information: Type Backup Material Backup Material Backup Material Backup Material Resolution approving Right -of -Way License Agreement with Bluebird Network, LLC, of Columbia, Missouri, to allow use of city right-of-way for a communication system, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer Attachments: PEG Bandwidth executed ROW License agreement, along with the three (3) design plans that constitute the Exhibit A Licensee would pay the Administrative Fee ($5,776.50) to the City upon approval and execution of the agreement Page 613 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 RIGHT-OF-WAY LICENSE AGREEMENT SECTION 1. DEFINITIONS a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Licensee" shall mean PEG Bandwidth IL, LLC or any of its designated subsidiaries. c. "Network Segment" shall mean the communications system laid or to be laid, constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits of the City of Waterloo as contemplated by this Agreement and shall include all equipment owned, operated, leased or subleased in connection with the operation of the Network Segment, including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit "A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial Network Segment route consists of (fifty -eight -thousand -eight -hundred -sixteen (58,816) feet of network). d. "Public Improvements" shall mean any improvements as defined in Code of Iowa Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, and in addition public utilities, on Public Property. e. "Public Property" shall mean City -owned or controlled public rights -of -way, easements, bridges, squares or commons. SECTION 2. BASIC GRANT; RESTRICTED USE a. Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a Network Segment in, under, upon, along and across the Public Property shown and identified in Exhibit "A" hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the Network Segment or to create or install a new network segment, except on the terms provided in this Agreement. SECTION 3. TERM OF AGREEMENT a. This Agreement and the rights conferred hereunder shall commence on 2021 (the "Effective Date"), and shall continue for such period of time as Licensee, or its successors and assigns, operate the Network Segment. Page 614 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 SECTION 4. FEES REQUIRED a. Licensee shall pay an administrative fee (the "Administrative Fee") in the amount of ($0.10 for each linear foot) of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $600.00. Licensee agrees that the Administrative Fee is the City's estimate of the administrative burdens imposed on the City in connection with Licensee's application and its occupancy of Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. The Administrative Fee shall be payable upon execution and delivery of this Agreement, or any future amendment or addendum hereto. In addition to the Administrative Fee, Licensee shall pay permit fees and such other regulatory fees as may be required by applicable ordinance. An Administrative Fee calculated in the manner described above shall be payable in connection with each separate application filed by Licensee to extend or expand the Network Segment, at the time such application is filed. b. In each successive year during the term of this Agreement, Licensee shall pay an annual management fee (the "Management Fee") equal to ($.015 for each linear foot) of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $50.00. Licensee agrees that the Management Fee is the City's estimate of the right-of-way management costs imposed on the City in connection with Licensee's occupancy of, and activities in and upon, Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. City retains the right to modify or adjust the Management Fee linear -foot charge at any time to ensure that the City is properly reimbursed for its right-of-way management costs. The Management Fee shall be payable annually, based on the linear footage of the Network Segment facilities existing at December 31 of a given year, no later than January 15 of the following year. In addition to the Management Fee, Licensee, or its contractors or agents, shall pay excavation permit fees and such other regulatory fees as may be required by applicable ordinance. SECTION 5. ADDITIONAL LICENSING PROCESS a. Before commencing any extension or expansion of its Network Segment, or any major repair work, or the installation of any new Network Segment in the City, the Licensee shall file with the City Engineer's Office a written statement (a "License Request") verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its Network Segment. Work other than repair or replacement of existing Network Segment facilities shall require the further grant of a license for use of Public Property. The License Request shall be accompanied by a map, plan or specifications showing the proposed location of the Network Segment components with reference to streets and alleys and the location of other utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. b. If the proposed locations of any Network Segment facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any Public Improvements or any existing public utility system component, or other structure upon or under Public Property, the City Engineer shall within 30 days after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a Public 2 Page 615 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 Improvement or existing public utility system facility and refer the same back to the Licensee for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the City Engineer's Office, and after the approval of the same by the City Engineer and the posting of a bond required under applicable law or ordinance regulating work in or upon Public Property, if such is not waived by the City, the License Request shall be approved so that the Licensee may proceed in accordance with the approved maps, plans or specifications. c. Approval of a License Request does not constitute any statement, representation, or assurance by City as to the presence or location of any privately maintained facilities, equipment or infrastructure. No such excavation, construction or erection shall be commenced before approval of the License Request, unless it is an emergency as determined by Licensee in good faith, and all work shall be in accordance with the approved maps, plans or specifications. If Licensee extends or expands its Network Segment without following the License Request process prescribed by this Section, the Administrative Fee and the fee minimum shall double, and Licensee shall be liable for any Management Fees that it failed to timely pay, plus interest thereon at 12% per annum, compounded monthly. d. Each expansion or extension of the Network Segment for which a License Request is approved, and the plans, maps, and specifications therefor, shall be deemed incorporated into this Agreement by reference as an addendum hereto. All of Licensee's activities in relation to said expanded or extended Network Segment shall be subject to the terms of this Agreement. SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES a. In the process of location, construction, reconstruction, replacement, or repair of any Network Segment system component, the excavation or obstruction made or placed in Public Property at any time or for any purpose by the Licensee shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall limit obstructions to the minimum area and time necessary, shall provide the City Engineer with no less than 24-hour notice prior to the actual commencement of the work and shall comply with all provisions, requirements, and regulations in accordance with City ordinances and this Agreement in performing such work. The Licensee shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. In emergencies which require immediate excavation the Licensee may proceed with the work without first applying for an excavation permit or other applicable permits, provided, however, that the Licensee shall apply for and obtain the permit(s) as soon as possible after commencing such emergency work. b. All pavement taken up or damaged, and any other disturbed areas, shall be properly and speedily replaced in accordance with the City's regulations. As a condition to use of Public Property, the Licensee shall at its own expense repair any private property, utility system component, public improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after excavations have been made, the Licensee fails to repair or arrange with the City for the proper repair and restoration of any Public Property to a condition as good as the condition of such 3 Page 616 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 property prior to the disturbance of same, and after seven (7) days notice in writing to do so is given to its designated representative, the City may make such repairs at the expense of the Licensee. The Licensee shall pay to the City its costs and charges for such work, plus interest at 12% per annum, compounded monthly, within thirty (30) days after receipt of the City's billing. SECTION 7. WORK BY OTHERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS a. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by the Licensee and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to the Licensee for any damages arising out of the performance of such work by other parties, provided City exercised reasonable care in performance of such work undertaken by the City. Nothing in this Agreement shall be construed as to relieve any other person or company from liability for damage to the Licensee's facilities. SECTION 8. LICENSEE CONTRACTORS a. The requirements of this Agreement shall apply to all persons, firms or corporations performing work for the Licensee under a contract, subcontract or other type of work order. SECTION 9. CONDITIONS OF OCCUPANCY; RELOCATION a. Components of the Network Segment laid or constructed by the Licensee within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon Public Property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. All conduit installed by Licensee shall terminate in a shared box or shall otherwise be accessible to others on terms that the City Engineer determines to be fair and reasonable after consideration of generally prevailing industry practices; provided, however, that Licensee may refuse joint use of conduit and pedestals based on technical considerations, such as limited physical space in the conduit, substantial risk of damage to Licensee's fiber, or risk of interruption to critical services. Because available space in the right-of-way is limited, Licensee is encouraged to share conduit and other facilities with existing right-of-way occupants, to the extent reasonably possible. Because right-of-way space is limited, Licensee agrees to cooperate in good faith and on reasonable terms with future requests from others who desire to collocate in or jointly use any separate conduit -type facilities of Licensee in the right-of-way. Licensee may charge reasonable fees to others for future joint use of any conduit, pedestals or other infra- structure installed by Licensee. b. Licensee agrees to allow City to install its own pipes, cables, conduits, ducts, and/or other appurtenances within Licensee's excavation, provided that such installation is performed at City's sole expense and does not result in any material increase to the Licensee's costs. City shall inform Licensee where it desires to collocate or install conduit, and Licensee will ask its installation contractor to provide a reasonable quote for the cost thereof. The collocation or installation of conduit or cables within Licensee's excavation shall be subject to a separate agreement between City and the contractor. 4 Page 617 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 c. The Licensee shall, upon reasonable written notice from the City (which notice may be given to Licensee by email) that is no less than five (5) days with respect to a City project that is in -progress ("construction phase") or no less than thirty (30) days with respect to a City project that is in -planning ("design phase") (each a "notice period" and collectively "the minimum notice period"), and at Licensee's sole cost and expense, remove, locate and relocate its Network Segment facilities in, on, over or under Public Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Licensee fails to act and proceed with diligence to begin and/or complete said relocation or removal within a reasonably allocated time, which is assumed to be the end of the applicable notice period stated above unless City has agreed to a different period, or if City in its discretion chooses to allow Licensee to post a performance bond and Licensee fails within a reasonable time set by the City to furnish a satisfactory performance bond providing for completion of the required relocation by a designated date, the City at its option may cause the Licensee facilities to be relocated or removed and then demand reimbursement of costs and expenses from the Licensee, including interest at the rate of 12% per annum, compounded monthly, without liability to the City for any loss or damage caused by such relocation or removal. In addition to the foregoing remedies, City at its option may impose a fine of $1,000.00 per day or portion thereof starting fourteen (14) days following the City's request and Licensee's failure to diligently act or, as appropriate in the circumstances, starting seven (7) days following Licensee's failure to complete the required relocation by the date designated in connection with the performance bond. Sums payable under this paragraph are due and payable by the Licensee to the City within thirty (30) days after receipt of the City's billing. d. The Licensee shall not place its Network Segment facilities in the Public Property where the same will interfere with the normal use or maintenance of any Public Improvement, including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers, storm drains, or any public utility facility. e. Upon request, the Licensee agrees to assist in locating underground facilities which are part of its Network Segment. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement, the Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll free "One -Call" number. f. Installation, repair, or replacement work completed by the Licensee that requires excavation of Public Property or public right-of-way shall require restoration and replacement of (a) any improvements that were removed, destroyed or damaged by the Licensee's work to a condition at least equal to the condition of such premises before the Licensee's work was undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. All work of restoration and replacement shall be subject to inspection and approval by the City Engineer or his designee. 5 Page 618 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 SECTION 10. POWERS OF CITY a. Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. SECTION 11. PLANS AND COORDINATION a. Upon completion of the work the Licensee shall promptly furnish to the City copies of "as- built" plans related to its Network Segment facilities located on Public Property. The Licensee shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with this Agreement. SECTION 12. VIOLATIONS OF AGREEMENT a. Upon evidence being received by the City that a violation or breach of this Agreement or violation of codes or ordinances lawfully regulating the Licensee in the operation of its Network Segment facilities, or in the use of Public Property therefor, is occurring or has occurred (hereinafter referred to as a "default") the City shall cause an investigation to be made. If the City finds that a default exists or has occurred the City may take appropriate steps to secure compliance with the terms of this Agreement or the codes or ordinances. During the period in which any default exists, City shall be entitled to suspend the processing of any request or application by Licensee to amend the terms of this Agreement, to approve a License Request, or to grant a new permit, license, franchise, or other approval. b. The City shall notify the Licensee of the default and the Licensee shall cure such default within thirty (30) days after receipt of such notice; provided, however, where any such default (other than a payment default) cannot reasonably be cured within such thirty (30) day period, Licensee shall so notify the City Engineer, and if Licensee shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure, as mutually agreed upon by the parties. c. If the Licensee fails to cure a default within the time allowed, the City shall have the right to (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Licensee; or (iii) seek damages for such default, plus interest at the rate of twelve percent (12%) per annum, compounded monthly, on any sum due and owing; or (iv) any combination of (i), (ii) and (iii). SECTION 13. TRANSFER OF TITLE a. If Licensee abandons its Network Segment system and facilities for a period of twelve (12) months or more, then at City's option City may effectuate a transfer to City of all of Licensee's right, title and interest in and to the Network Segment. Abandonment shall be presumed if Licensee has not filed with the office of the City Engineer a notice of continued use within thirty (30) days after City's written request for same. Licensee's continued use shall be established upon filing of such notice, without regard to whether Licensee has allowed the Network Segment or some part thereof to go dark. b. City shall deliver to Licensee a written notice of City's intent to effectuate a transfer of title and permit Licensee a period of thirty (30) days from the date of delivery in which to provide written notice of non -abandonment, and absent such action by Licensee City may file in 6 Page 619 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 the public land records of Black Hawk County, Iowa, a notice of transfer of title to City. Licensee shall not be entitled to any compensation from City for a transfer as contemplated by this Section. SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE a. The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all costs, damages, losses and liabilities whatsoever (including but not limited to the reasonable fees and expenses of attorneys and accountants), of any kind or nature, whether in tort or contract, arising directly or indirectly from the exercise of the rights granted herein or from the acts or omissions of Licensee, its employees, contractors and agents, in respect of the Network Segment, any Network Segment facilities, any work relating thereto, or any access to or use of the Network Segment by third parties. b. The Licensee agrees to require contractors and subcontractors engaged in work for the Licensee within the public rights -of -way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts equivalent to or greater than one million dollars ($1,000,000.00) per occurrence. Insurance coverage amounts are subject to adjustment from time to time upon reasonable written request by City, at least sixty (60) days in advance of effectiveness. c. Licensee agrees to accept the risk of having its communications systems and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Licensee's equipment, except to the extent caused by the City's gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Licensee's equipment placed in the right-of-way. d. The covenants set forth in this Section shall survive the termination or expiration of this Agreement for any reason. SECTION 15. SEVERABILITY a. In the event any provision of this Agreement is held invalid, illegal, 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 provision of this Agreement is invalid, illegal, or unenforceable as written, but that by modifying or 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 modified or limited without affecting the remaining provisions of this Agreement, provided, however, that in such event City shall have the option, exercisable in its sole discretion, to terminate this Agreement. SECTION 16. ASSIGNMENT a. Licensee shall not assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual without the prior written consent of the City, except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title, interest and obligations under this Agreement, in whole or in part, to any entity controlled by, 7 Page 620 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 controlling or under common control with Licensee, or any entity into which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee, provided that Licensee shall notify the City in writing of any permitted assignment, conveyance or transfer within thirty (30) days of its occurrence. SECTION 17. VACATION OF STREETS AND ALLEY a. So long as the Licensee exercises the rights granted to it hereunder the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require the Licensee to relocate it facilities as provided in Section 10 hereof. SECTION 18. DELIVERY OF NOTICES a. Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: City of Waterloo, Iowa Attn: City Engineer 715 Mulberry Street Waterloo, IA 50703 With a copy to: City of Waterloo, Iowa Attn: City Attorney 715 Mulberry Street Waterloo, IA 50703 If to Licensee: Bluebird Network ATTN: Chief Executive Officer 2005 W. Broadway, Building A, Suite 215 Columbia, MO 65203 With a copy to: Bluebird Network ATTN: Director, Business Development 800 NW Chipman Road, Suite 5750 Lee's Summit, MO 64063 Provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given three (3) days after the date of mailing if done by certified mail, the next business day if sent by a recognized national overnight carrier or courier, or otherwise on the date actual notice is received. 8 Page 621 of 764 DocuSign Envelope ID: 77E70038-B165-46A5-95FA-473A28B40640 SECTION 19. APPLICABLE LAWS a. This Agreement is subject to all applicable federal, state and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934 as amended, the Telecommunications Act of 1996 as amended and the rules and regulations of the FCC. Neither City nor Licensee waives any rights they may have under any such laws, rules or regulations. SECTION 20. GOVERNING LAW; LEGAL ACTION a. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. In any action to interpret, construe or enforce this Agreement, the parties hereby agree and consent (i) to irrevocably submit to the jurisdiction and venue of the Iowa District Court for Black Hawk County, over any action or proceeding to enforce or defend any matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a party may effectively do so, the defense of any inconvenient forum to the maintenance of any such action or proceeding; and (iii) not to institute any legal action or proceeding against the other party or any of the directors, officers, officials, employees, successors, assigns, agents or property of the other party, concerning any matter arising out of or relating to this Agreement, in any court other than one specified in this Section. If City prevails in any legal action to collect fees owed by Licensee under this Agreement, Licensee shall be liable for City's reasonable attorneys' fees and expenses. SECTION 21. GENERAL PROVISIONS a. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. It may not be modified or amended except by a written instrument signed by both parties. This Agreement is binding upon the parties and the permitted successors, assigns, transferees and personal representatives of each of them. IN WITNESS WHEREOF, the parties have entered into this Right -of -Way License Agreement by their duly authorized representatives as of the Effective Date. PEG Bandwidth IL, LLC CITY OF WATERLOO, IOWA DocuSigned by: By: V Ou as G%t. r '-08DB7FC710CD4AB... V.P. of Engineering Title: 9 By: Quentin M. Hart, Mayor Page 622 of 764 DocuSign Envelope ID:77E70038-B165-46A5-95FA-473A28B40640 EXHIBIT A ROUTE MAPS & INSTALLATION DETAILS 1. The route maps and installation details provided to the City by the Licensee, as Exhibit A, are incorporated herein by reference. 10 Page 623 of 764 LRud9ie • UP yds Ne OPcehMye. 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I I z 0 Q H U co W = co 2 Q 2 g 0 1 POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: 11:11 ®� nrrum llr NORTH - ( \ / PROJECT: WATERLOO DT HUB WATERLOO IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET K2A OF 21 2021, 9,19AM, BARRY COCHRANE m FIBER OPTIC CABLE LINES CONTACT INFORMATION: GENERAL NOTES: MNA CABLE, BURIED BFO### MNA CABLE, CONDUIT UO### IOWA ONE CALL 1. BURY MAINLINE CABLE MINIMUM DEPTH OF 36" UNLESS NOTED OTHERWISE. UD(1x2x1.5) 811 OR 800-292-8989 (800-292-8989) MNA CABLE, FIBER DROP BFO### 2. BURY SERVICE ENTRANCE CABLE MINIMUM DEPTH OF 18" UNLESS UTILITY LINES BLUEBIRD NETWORK LLC OTHERWISE NOTED. TELEPHONE, AERIAL T T T T T BRIAN ART 847-650-1348 (0) B B B 3. GENERAL LOCATIONS OF UTILITIES ARE NOTED ON PRINTS. NOT ALL TELEPHONE, BURIED ADDITIONAL R/W INFORMATION UTILITIES ARE SHOWN. CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL FIBER OPTIC, AERIAL AFO AFO AFO BLACK HAWK COUNTY, IOWA WEB MAP UTILITIES BEFORE DIGGING. FIBER OPTIC, BURIED — —BFo BFO BFo— — HTTPS://WW2.CO.BLACK-HAWK.IA.US 4. CONTACT IOWA ONE -CALL 48 HOURS PRIOR TO CONSTRUCTION. TO ELECTRIC, AERIAL E E E RIGHT OF WAY DISCLAIMER REQUEST LOCATES, DIAL 811 OR 800-292-8989. BE BE BE RIGHT OF WAYS SHOWN FOR CITY AND STATE ARE ELECTRIC, BURIED GENERAL AND WERE SCALED FROM BLACK HAWK 5. LOCATION OF PROPOSED FIBER SHOULD BE AS CLOSE TO RIGHT-OF-WAY GAS, BURIED — COUNTY GIS MAPPING. STATE RIGHT OF WAY LINE AS POSSIBLE. SANITARY SEWER — — —ss ss ss— — MARKERS ARE SHOWN ON THE DRAWINGS WHEN AVAILABLE IN THE FIELD. 6. NO HAND HOLES ARE TO BE LOCATED IN SIDEWALK RAMPS AT STORM DRAIN — — —SD SD SD— — — INTERSECTIONS. w W— WATER, BURIED — —w — 7. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS. FENCE 8. REPAIR ALL YARDS, DRIVEWAYS AND RIGHT-OF-WAYS TO ORIGINAL OR GUARDRAIL BETTER CONDITION. STREAM, DITCH 9. MAINTAIN MINIMUM 12" SEPARATION FROM BURIED POWER. ROAD ROAD C/L AND NAME — [STATE HWY NAME]— — 10.CONTRACTOR TO PROVIDE GPS READINGS FOR HAND HOLES PLACED ON RAILROAD AND NAME 1 f! i f! i f 1 1 1 1 1 f !ERR NAME],--f-- THIS PROJECT ON AS-BUILTS DRAWINGS. _' RIGHT-OF-WAYS, EASEMENTS -- — R— R. TYPICAL MATERIALS & DETAIL BM53 HAND HOLE NO SPLICE HAND HOLE (NO SPLICE) INFORMATION HAND HOLE (SPLICE) INFORMATION OF FIBER HANDHOLE & SPLICE HAND HOLE W/ SPLICE XXX+XX XXX+XX URIED FIBER WARNING SIGN HH # X HH # X BD3 STAKE NID W/ SPLICE iiiii GPS: GPS: MOUNT PEDESTAL STENCIL HH # ON 40' BM60(1.25) - • - • FRONT OF PED #48 BM60 (W/ LENGTH & SIZE) 1 1 WALL WALL WALL END END WALL 40' BM61 N N N N PL UH 24" X 36" HAND HOLE BM61 (WI LENGTH) 1 E CABLE MKR BMA W E E W W E FLUSH W/ THE GROUND W UNLESS NOTED OTHERWISE BM2C #6 BARE GROUND WIRE ##FIBER #I PL 100' UTILITY METER COUNT I###IFIBER COIL PL 50 COUNT I###I FIBER COIL PL 50 COUNT COIL 2� 36 /GROUND ROD CLAMP BM2C(5/8)(8) 5/8"X 8' GROUND ROD LTOP UTILITY VALVE W UTILITIES NOTE SPLICE CLOSURE W/ ORGANIZER TRAY , OF ROD 12" DEEP POWER POLE ® UTILITIES NOTE: HBFO BFO UTILITY PEDESTAL IM GENERAL LOCATIONS OF UTILITIES ARE BFO NOTED ON PRINTS. NOT ALL UTILITIES ARE 6" LAYER PEA GRAVEL (2) #6 INSULATED COPPER GROUND WIRES CATCH BASIN E CULVERT \ SHOWN. CONTRACTOR IS RESPONSIBLE TERM NATE & GROUND CONNECTOR HYDRANT M CAUTION SIGN > CAUTION> FOR LOCATING ALL UTILITIES BEFORE INSIDE PEDESTAL. BURIED GAS DIGGING. BOND GROUND WIRE SEPARATELY TO EACH SHEATH POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) HO1 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ���� 8n_u_} nETWUflK NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361 -8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET L1 OF 21 DETAIL A DETAIL B QUAZITE HAND HOLE QUAZITE HAND HOLE COVER NOT TO SCALE NOT TO SCALE 37 5/8" 0. 33 7/8" OGD aa 1 /NNd 35 5/8" 26" It00% 22 1/4" 24" PULL SLOT WITH CENTER PIN 2 PLACES LOGO � 1 1 CO L 1 QUAZITE LOGO L-� / ' 1 ,- -� N / 7 24" 1 TIER 22 APPLICATION: DRIVEWAY, PARKING LOT, AND OFF -ROADWAY APPLICATIONS SUBJECT TO OCCASIONAL NON -DELIBERATE HEAVY VEHICULAR TRAFFIC. VERTICAL DESIGN LOAD 22,500 LBS VERTICAL TEST LOAD 33,750 LBS LATERAL DESIGN LOAD 800 LBS/SQ FT LATERAL TEST LOAD 1,200 LBS/SQ FT POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: �7 Oil —a. r 13 NORTH t PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB n.ETroam WATERLOO DT HUB WATERLOO, IA 50704 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET L2 OF 21 CY W Y 2 Wa 2 W d W W J 0 51 2 W W W 0 re W 0 z 0 O W w W O Z TYPICAL ROAD CROSSING PROFILE =O ceoce �W �z 0 0 = 6+71 mZ _1 OQ� �� _lm 00 a m BBN HH # 1 VARIABLE' R/W mZ Z O=O 0 �0 zH Z = co GPS: UCC W W m Uh W W m2 CO 0 1- 0 0 ODo� x x -Jwxo w o- a 1— H 0 w w w w 0 00 a u w w a WALL WALL O r- n O coO N 1)) CO O O CO N 7 CO 0) v v v rn rn 0) CO r` M 0 n N 0++ + o + +++ + 10 ++ + + + + s O O O O O N N V 7 11 J 4 J O O E W 0+00 PLI144IFIBER CRAN 14 / 100' N s E W CABLE COIL ` 60" MIN I tyl - PR BBN HH # A GPS: WALL END END COIL / WALL 100' S E PL®FIBER 00' COUNT PLI1441 FIBER COIL 50' S E COUNTW COIL COIL 50' —FIO e' 6+84 BACK OF CURB / 1W / O 7+05 BACK OF CURB G 7+26 STORM MANHOLE F q / 7+31 BACK OF CURB �rl/ �� ��RQ. 7+36 TRAFFIC SIGNAL Po`N' • R/W--- vm �GZM Rlw— FIO —�S F/ X1X1.251 3�' STM PIm'_'�_FI UDl STM —� 2+ E`8+24 TRAFFICSIGNAL STMsr=ANSBO/ 8+40 C/L RAILWAY T S100 2.srM W .� esT 8+62 P.I. RUNNING LINE / 8+69 RR SIGNAL w _ R/WI, W W g+95 GAS VALVE La CAUTION 9+01 STORM MANHOLE G � /I _ — _ _ —w" ww '— G�G -� G— Q NOT ALLEXISTING UTILITY LINES 7,7 THRU THIS AREA MAY HAVE BEEN 9+20 GAS REGULATOR Q N / / I / / . / \ / SPUR ROW IDENTIFIED NOR INDICATED. 4 / 9+41 TREE _ 9+47 GAS REGULATOR 9+60 P.I. RUNNING LINE 9+73 GAS VALVE 9+75 TREE 0/ / y li / 10+29 CURB INLET SEE SHEET 2 TO MATCH SURVEY STA. 11+00 PERMITS READ ®IOWA- DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE NO BOUNDARY SURVEY GOLDEN FIELD SERVICES, BY A REGISTERED PROFESSIONAL ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. OR PROPERTY LINE SURVEY WAS ESTABLISHED BY INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED LAND SURVEYOR TO ACCURATELY VERIFY ONE CALL,." 1-8(;Tl www. ow292-8989 --. WWW.iowaonecaticom - COUNTY ■ CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1250 1100 2 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: P, �� fFTU• of NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT : 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: WATERLOO DT HUB DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 'I OF 21 2021, 9:19AM, BARRY COCHRANE O��� + Q (n >- Ct USPUR 2wa U Z Z DO ce 0 w 0 w w 0 (Li a w en w - w J wO Z x aa a1 nwa 7 J>_Li., O w 7 w < a Z <w 7 Z H H H >ZZ 3zX z Xz z z E m H Rm_ w w wre m w m w m = m w m rn E- E- w w n IX aw-1 rt x< 1- ¢ate D 1- D I- 2 re R_ 0 O 1- < 0 0 ce w �j co < u_ 0 0 0 a) 0 u_ w d 0 1- co N ro O r N O D 7 W 0 r N 07 n o O M t7 co r co r it-O O N 0 0,0,M 0 OI r O r` + + + + + + + + + + + + + + + + + + + + + N N M 7aa 7 CO N N N N N N /ems 20' RR / ROW / !!! CAUTION !!! / Q + (') N Q H (n > W co _ V I— Q W = bap. _ �R�w NOT ALL EXISTING UTILITY LINES `'� IDENTIFIED NOR INDICATED. 5 w THRU THIS AREA MAY HAVE BEEN /� / w_ _ / � U014� / / 80' / / RM ' UD(1X1x1.25) _ C _ — / �� 5<M� �e0 RN RAN O W CO W /00 W 2 i rm wEs ' 55 TFIELD W I Rryy_ _ w� AVE _ STM STM �TM STM Di S / RM/� _ R� 3y1 / -© RRAN hY� _ IOWA PERMITS REQD DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY ©HE 1-800-292-8989 g� www.iowaoneca89.com -47„ COUNTY . CITY ■ OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1200 1200 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®i.L�?' �� i (JET WHIM NORTH / A PROJECT: WATERLOO DT HUB WATERLOOIA 50704 , TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.b!uebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET 2 OF 21 9,19AM, BARRY COCHRANE J J 0 0 a CC LI' > > H W m m CC CCi 2 H W ce d' Q J O m m H 0 0 H o Q J 0 0 m Q LL 0 0 J W W Z(0 Q 0 0 > 2 LL LL Z Z H co Z 2 �} > W w =W H C, m w H m �= W O 0 w H U) 0 O U) IY CC U) C (1) W H W ww Li w < m W 0 (H/) w D w LL c0 r.. c0 O N. c0 7 (r) (0 V) 0 (r) N o I� M M (0 N- r 0 ,10(ON- O + + + + + + + + + + + + + + + co M 7 7 7 (O c0 (0 O c0 0 c0 c0 W c0 N N N N N N N N N N N N N N N W J < > W H 0 N + a) N 0 Z CO 0 CC o 0 o W _1J J 5 0 0 0CC x z m = W m C) H m H Y CC Z D ce J < H K 0 W Z m 0 W CC W W LL Z m CO LL X 0 Z m 0 0 0 Y cc =m m 0 CC < < H 0 0- W m Z m 0 O o < m < CC LI 0 m M (c0 CI N- 00 a) .— O) o0 (h N r— co 0) c0 O 0) + + + + + + + + + a) 0 N N 7 (O CO N M M M CO M M M M !!! CAUTION !!! p + CO Q } W NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. tL M o co — — p + CO CO Q W ( ww — —ww w — —w ww w — —w — — —ww — —ww — —anN — —ww — —w'^) 1— —M1' R^ CNRR —ww Rw — —RI'^) — — — RAN 8't — 0 U0144 0 I— M MI _— UD(1X1X1.25) w 1i w w - w w w w w w w w 3f w w 3 SS 5't SS O SS cQ 'ti SrM STc� STM STET— SS—WESTFMELD AVE. ©,� SS S9O' SS SS SS STM SS STM STM STM SS 80' SS Oru SS SS SS STM �+,Z TM �, TM O ...• 0 N I 1 1 I ( I I I I 4 I I -I I I -{ — — — - - I I I I • R w-I - 1-iww- - -� w- -w- - --- I— W W 2 - w'N— — R— — — — �— — — — — R— — 31+23 BBN HH # 2 GPS: 5(IL 1 (f1 1 1 " = w W wW Lw WALL WALL N E W PL11441FIBER 100' N �G 1 E m W 1 CABLE \ \ COIL \ I 1 1 1 IOWA-_, ®� PERMITS REQD DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 0 E `` 1-800-292-8989 www.iowaoneca8l.com 8�1 — '" COUNTY . CITY ■ OTHER . DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1600 1500 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®��?' �� nFruiuIvi[ NORTH / PROJECT: WATERLOO DT HUB WATERLOOIA 50704 , TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO WORK ORDER: 21-4013-01 DRAWN BY/DATE: GFS 5/2021 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET 3 OF 21 RD\BBN—US Ce O O 0 Z 0 0 ce W 0 W w w J O Z O 0 J J Z Z CC Z Z J J Z CO CO Z >Z Z> Z > Z Z2 (7¢U` J> 2 Z Z Z2=cc re Z cc cc J H J J H 0 J ¢ 0 Z Z J w 0 U' 0 C J 0 0 C 0 0 O ¢ W g Z 1n ¢ V) g¢ W ¢ ¢ IX ¢ W 2i - ¢¢ W W U W U Z Z U 0 ¢ U U > J O CJ > 0> J CO > 0 r0 Z Z >> J J a ¢, LL a w W 0 Z } U 0 U } Z = ce } W Z X Z re re W Z U Z U } 2 2 0 0 U U Z W CO = W lwi W LT_ = W CO0 W = UU 0�0 W W U m LT m LL =HHY Y U YY �W w w� < I— w �z . �� z < w n' 0 0 UU ¢D ¢ ¢� �¢ ¢ < ¢¢ -a - ¢¢ < CC S g Cexx¢ < ¢ a x U LT. 0 1— i— L0 0 L 0co O <O co 0 1— 0 1— LiW wm m 0 mm w c0 co ‘I - co N CO N 0 0 N- 0 N,- a) N- N O r- oO N N CO CO CO N CO co 1D COLO N- N r 0) O 'a ..a.O a0 0) O .- N N- O coO) N O O V V LO 11) O CO N 1f) r + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + o0 O a) O a) a) O O O N CO V 1O LC, L0 L0 LO CO CO N. N. CO Cr, 0 0 0 O O N N N CO CO CO CO CO CO V V V V cr V 7 7 V V V V V V V V V V 1O 11) Lc, 1O 11) 7, 1O 1O 1O 1O !!! CAUTION !!! + co CO) Q I— } w NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. O IIr ,� O O + CO RAN — —RAN — —RAN — —RAN - — —RAy� —RAN — W / I I + w w > _ U0144 w w U UD(1X1X1.25)� w w w—wow— w m wiz w w w ss Ss q't 90' (n Q w �" ss ss ss WESTFIELD AVE. \® SS ss ss 90�— 5't STM STM STM STM �4 __ T ©SS STM STM STM TM STM S ST 5.(11, 1H J LJ I I I I O O I I I I I I I RIW— FM,— RNJ— RAN— RiW— Q CO w1= _a w RAN— — RM/— iz z I 1 �RfN— — RAN— — RNJ— — FM,— RIW— RAN— 1 p W D 0 I 1 /cn / / / .,/ 1- to w w 2 w PERMITS READ •IOWA, DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY c Nr © ►LL," 1-800-292-8989 8t1 www.iowaonacaELc ' �� COUNTY ■ CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1500 1500 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®��?^ �� (JET WHIM NORTH ` / PROJECT. WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO WORK ORDER: 21-4013-01 DRAWN BY/DATE: GFS 5/2021 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 PAR COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET 4 OF 21 2021, 9,19AM, BARRY COCHRANE RD\BBN—US Cell CC W 0-' 0 J a?a Ow J m a J J OOz a a Z w m O W O W O Y aJ 2 �2 2i2 a z d�z dz o_z W w W CC W w W CO m Z W ZZOEO aO 10 9 O O O Ww co H O.wFa Ha n Cw W 0LL a�Nw OW D_ z WXz WXz O z0 O z 0 H w H 0 I- w H o t o 0 M t o 0 t o 10 N r 0 (D M N CO CDVDOD COf� + + + + + + + + + + + 0, 0,Lo (D CD (o In n co W 10 Lo N N N N 0 53+10 BBN HH # 3 GPS: W CC O CO Z w _; m 1 W W Www 0 0< e, CL o a W O O W w O- z p w w �i II 2=J 0 1— > > O ZZO ZZ Z Z¢w1a 0 0 w w OO Z LL LL Z Z Z==Z Jm Z Z} 0 0 wJ W 1=Ha I- I- CO W W w w Wm m COCON(n�H�O CeW XXXXw Ece> D Le W W W W a z O_ 0 co 0 LL w w H H H 0 O H CO I� V (o O co co (D V O) o n con OD 7 CO CO 4] to (o (D N V Ifi N I� W 7O O 0 CZ + + + + + + + + + + + + + + + + + W o D) W 0)a, o 0 0 O N co 7 7 co f� 0 N 0 0 N N O o 0 CD CT, o CD CD CD OD cO / Z WALL WALL / !!! CAUTION !!! O MPLI14FIBE LA Q ~ fn N S W 100' 4../ p e S w CABLE CiJIL INSTALL RISER RISER 25' UP TO BEGIN AERIAL INSTALL DOWN GUY &ANCHOR w�f W INSTALL DOW GUY & ANCHO w (MATCH EXIST! G w NOT ALL EXISTING UTILITY LINES ss / THRU THIS AREA MAY HAVE BEEN ,J, IDENTIFIED NOR INDICATED. ss v✓/ — _RK SS /W — O O W CO ",I ~ W W i`� C01441 (10M) — / SS —ww� — —w"J —0' _ —ary W w w w ® LL W W W SS / w stM� WESTFIELD (� cqD c 1L 100' AVE. 55 =, -0-5 _� W m W—w /—" /_) C01441 10M^ —' 101 — . .-„. U0144 — w Q -,j- UD(1X1X1.25) �A+ / J INSTALL DOWN ® _ — s1M 0 GUY &ANCHOR ` COIL 100' J IV H H- LLI (MATCH EXISTING) y INSTALL RISER 2� „ _ ww / / RISER 25' UP TO I END AERIAL 59+60 INSTALL DOWN I GUY & ANCHOR BBN HH # 4 GPS: / CO WW _ ��� // / _ /) C. WALL WALL W LLJ LLJ ` V N E w R.°' PL En FIBER 100' N wf/ / E w wf/ / CABLE COIL / -R?W'-- — LLJ R,,,, � PERMITS READ e'OA,...- DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY ©MR ©A," 1-800-292-8989 8:1 COUNTY ■ CITY ■ OTHER IN DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0144 (10M) INSTALL ANCHORS BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM83 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY / DATE N/C 691 4 1059 859 2 2 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®��?' EM nE`uu� NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 5 OF 21 0 O O 01 QI 0 0 3 CO CO x 0 0 m m z CO CO CC Z z ( 0 a) 0 to Z (1) Z K � ce 0 � o 0 W 0 < W 0 z_ O 1- W W W J W W W W W W W W W W W (L w Z Z= Q' g J J J J J J J z J 0 0) z� DJ w w x0 O OOOOOJQOW z J m Z Y Ox x xxxxx( ,ia_ QH WO 1- 0< J ct 1- 1-z z OOOOOQ Ow CO W W z W Z0 < W (0< < ZZZZZO(OZ Z J co Z J z w J Q Q Q Q Q Q Q OZ I- z Z z0 Z OM xxxxxXX0m= = x W cc 0, W z K m KC K COCe2 re I-HHH HixH I- W (O (O W dCe W 3co .d 0 0 co 0_0 0 en CO CO CO CO 0_(O0 J 7 7 1t Q J0 W= (0 -0 Z 1- 7 0- 1- 1- XXXXX0 XX W CO CO F- <01- CO d 0 0_< W CO 0 <(o 0) w w W W w<W W I- O) CO O) a) 0 (0 n 0 0) N (0 CO N- a) 0) (O 0) 0) o co .- (0 CO 0) 0 0) N (0 O�� (O I� N 0 W 0D) (+) (0 O 0,-,-N NNN CO tO + + + + + + + + + + + + + + + + + + + + + + + + + + CO 0) a) 0 0 0 N N CO 0) 0) 7 (0 CO O) 0) 0 CO CO CO I- r r 0- 1- r 1- 0- 1- 0- 0 0- r CO CO CO CO CO CO CO CO CO CO / I ° C. + CO CO Q -Q SS SS SS Q Q 0 Ct 2 2 '" SS SC. 0 0 ° / !!! CAUTION !!! C. O CO CD Izw —RA" / OU NOT ALL EXISTING UTILITY LINES � THRU THIS AREA MAY HAVE BEEN 0) IA ww e SST R'W' /' IDENTIFIED NOR INDICATED. \ } W \p- / _ W W W W ° 1 cM 6t ��� _ TRW y C W C - D U -. Rryy --RAN F/• ` �� TM O •Lo' S--.m��-. �•ix, °\perW — W — --- SZ W_ W - ss s� � Ln W LJJ 1 (n ® _ -W o WESTFIELD AVE- ss �� — Ing 55 SS �' U0144 _ s�ss srM S .- UD(1X1X1.25) 0 ss° �LLL 0 m a ss =ss -,--- 0 —ss �F/O 0 H f� H IW /W V J O 0 /SS 0 / Sg —/O l^ v�/ w U) PERMITS READ •IOWA- DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. 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WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX:816-361-8848 www.b!uebirdnetwork.com EXCHANGE: WATERLOO WORK ORDER: 21-4013-01 DRAWN BY/DATE: GFS 5/2021 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET 6 OF 21 9:19AM, BARRY COCHRANE w w w Q Q Q J J O O �IOWA= ONE CALL 1-800.292-8989I rillw www.iowoortecall.com - O co co (n x J Z 00 0 J 0 0 a W W W W W O m a I M a s >_ >_ I- a x x a x aw W zzw 0 0 w z� zZ 0Zz M J O O J a a J (:) 0= a 0 m gw Z xxZ O O Z rn� x Om a� m W Wm w W CO a W w( Y 0_0 OZ a JJI (2 0 IY Oa J"' 00 I -a 0 ww0 0 0 D - - wX a1-g (n0 0 I-I-0 W W 0 (O(n1-W mrna (0 (OON (0 7 ((1 N 0 N (0 N Li) N N 0, I,t` W 0, 0, 0 0 t0 I` t` + + + + + + + + + + + + + + + + co co co CO (0 (0 co co co O O N co co co co c co co co O O 01 (3, 0 a) 01 I I 91+72 BBN HH # 5 i GPS: CD + I WALL WALL 00 Q I— C/) N E W PLI144IFIBER N E w CABLE !!! CAUTION !!! 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IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY COUNTY . CITY ■ OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. 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POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1500 1400 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®0_111?' ��PHONE: nETUMWC NORTH (411‘4114 PROJECT: WATERLOO DT HUB WATERLOO,IA 50704 TAX DISTRICT 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704PAR/COUNTY: APPROVED BY/DATE: SCALE: 1" = 100' BLACK HAWK SHEET 8 OF 21 2021, 9,19AM, BARRY COCHRANE RD\BBN—US Cell N RW— �_ -"- , �yE ■M- _SS�SS a. p SS —SS CRAN 010 EQUIPMENT 4+77 ��'© CRAN 10 el OWA, ONE ©ALL., 1-ao0-292-8989 1vv,..rin .aancaau Ca-, ,,- _ ss TO BE PLACED BY OTHERS SS 80 5'± W PRBBNHH#C WEgo W GPS: ERMITS REQD: =„ — w TYPICAL ROAD CROSSING PROFILE Imo h WALL END END WALL DPOT COUNTY ■ ww— — „„' � �� COIL N 11 ■■ 100' S II E N S E VARIABLE' R/W CITY ■ OTHER ■ 10 4+77 PLACE BBN HANDHOLE, MARKER W PL 48 FIBER 3+92 STREET LIGHT 1 50' r 3+34 P.I. 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NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 577 1700 1977 3 3 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®L�?` n Er rn K NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 9 OF 21 2021, 9,19AM, BARRY COCHRANE RD\BBN—US Cell w LULL! 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H�1vGTO ___� UD(�I ON EXISTING POWER POLE y I - I op W wv�, EBWA -__--- _" PLI144IFIBERCOUNT a" - �' 129+58 I I 50' no— sT—�� -� BBN HH # D N I I �,�111 1'GPS: I PLI144IFIBER COIL 0+00 50' BBN HH # E GPS: N S E COUNT/ COIL IJ IF ♦ 50' EACH sTM 048 -' I ' WALL SIDE OF SPLICE END END WALL zi 0+45 END WALL _ ( 1 25) 1X1X ' N ( N TYPICAL ROAD CROSSING PROFILE CRAN 9 N 5—UD = \FOR BUILD S E I E S E VARIABLE' R/W PR BBN HH # F GPS: S SEE PLAN w SHEETS 16-17 W pL�144�FIBER COUNT PL 48 FIBER COUNT/ WALL END END PL 48 FIBER CABLE WALL 50'COIL PERMITS READ 50' COIL 00 COIL - N N DOT UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY _ 60" MIN i S E W PL 48 FIBER COUNT PL 48 FIBER S E w COUNT COUNTY • CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. 50' COIL 00 COIL POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 145 2100 1845 5 5 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®��?' nWu� E` NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 10 OF 21 2021, 9,19AM, BARRY COCHRANE RD\BBN—US Cell W 0 o o =, Z Z 0) O O co Q cc o o o N W W W w 0 K J O OJ ZI ZoO J J J J U J a LL U_I 7 J¢ x Q I mZZQ UHZ ¢ Q WJJ ¢m Wc e UZQOill HQw=¢ z¢¢ 0 <<Z w Q z z z z 0 z� zxoz� O g g =220, , J0mH 0 0 0 0 azz~On OLLz¢Oo 1—x U U U LLUU� J J W J U J (n f/) f7 0) (�Z Z J U LL owONQONZmw J U E O U Z Z X F Z ULT ULT ULT U Z Z Z Z O O Z X U 2 U W m W z LL U U YUULL m m LL' W Um LL U.U.U. HLL. LL.m )yY HLL'C~JLLH W )yZU V) m qLL w w c�ww<0 0 W ¢ qLL qLL ¢ m �¢U U)aW� nH�UZCC J J Q JJ dHJ CC O' X - -� �Q X dJ X¢ W Q D I— W W 0W WHU 0 ¢0W0 I— 1- 1- I— w0 0 0I—m WQW14w>14mC 0/ 0 0)) V 100 O V 000 n 0000)) W 0)0)Obi OV� N 0)00 Cg o 0 N r W W O n ^CNN tO 000 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + -I- N N N N N N N M V co c0 co co co N. co 0) 0) 0) Cr, 0) CO Cr, 0 0 0 0 CO V V 7 Cr V V V V V V V V V V V V V V V V V V V 00 )0 00 (0 )0 00 (0 )0 )0 (0 )0 YIU FIU Fl /U F/U ST m'l' ,o..-N,, STM 9vl O O w I— (n 0 II 5� iEl FOR BUILD SEE PLAN SHEET 19 151+34 N O BBN HH # G co X_ GPS: O O - 0X + N !!! CAUTION !!! D ,— (0 71- NOT ALL EXISTING UTILITY LINES 6' WALL END END WALL 10 Q 1 (/) LU 11 D U7 2 J t THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. II 0., } U0144 * * _ 5 N S E li W PLI144IFIBER 50' `W to COIL �y ���� SIDE - COUNT PLI144IFIBER COIL 50' 50' EACH OF SPLICE N S E W COUNT COIL Q 1- U) i W D U) (� i' �� UD(1X1X1.25) R 4 �" 1i` + U0144 U ~ I 9t L 10'+ Q US HWY 218 / EB WASHINGTON ST. STM ffi \ f O ~ •IMMI STM fY' STM STM 3W' s ss Q _ SS-0 Ss s :.:SS ^V __T — Q SS 46 ss SS ss Ss W w ss ti Si SS O II1W1_, — — 3L'� �' _ SS G LU U, I it'_ H U) LU 1 TYPICAL ROAD CROSSING PROFILE \ LLI VARIABLE' R/W l . I \ \ 60" MIN \ elOWA PERMITS READ DOT � UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY MR ©A L ■ii"M L�COUNTY 1-800-292-8989 8 1 . CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1500 1400 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®���?' r1ETLIu� NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT : 816-361-8821 FAX:PHONE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 11 OF 21 2021, 9,19AM, BARRY COCHRANE 0 U QI 3 CO CO 0 m m RD\BBN—US Cell O + CO 0) r Q o 0 0 z z z (0( 00 0 0 0 Cr CC U U U w W W W W 0_ J J 0_ 0__ a 0 0 x0 z xz a0 a 1- w OUw2 w w 0 2 000 J J U J J U Z X Z E Z Z f Y X X m mm 0 CO m 0 a' a' W CC D aIXw CCIXw 0- a w D_�J J a a 0_' 0 < 0 W 0 0 W << H O N 0 V N 0) O O CD (0 N- o, co co co O N + + + + + + + + + + CO I� r N- CO 00 00 LC,Li',(0 (O CO (O w W W W W 0 J J J J 0 z x0 z xz x 0 0 0 O = z z Mw 2w 2 0 rr 1— ~ U J U J 0 0 U j J J R° Z E z E E U w z Z 0 m 0CC' 0 W 0 w U) m CO wW wW w w w qa zQ J� J� J II inS CC W U W O W I W H CO 0 U 7 0 cof� inr• 7 N 0) 0 N co 0) 0) O O co O 4J N- Cr, O + + + + + + + + + + + CO 7 (O CO CO CO CO CO 0Li',LC)LO (0 70 CO CO (O CO CO (0 (0 (O (O !!! CAUTION !!! O + C) I� r Q U) LU > U) _ v 0 NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. U0144 r 15'± 11 L} > Et U) _ 0 et _ e U UD(1X1X1.25) U ( _ = 0 —st o SZM US HWY 218 / WASHINGTON ST. O S . i r G :.. SS ` IA G f G G G G M W W 2r^ v/ LU S S w rr- K/w- ww- Klw- Ww- KIW- ww- H LU LU 2 U) LU LU U) ` • LU VJ \3 \ ,-- ,,. 9 ."11 .../.."\ •IOWAr PERMITS READ DOT � UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY MR ©A L ■ii,M L�COUNTY 1-800-292-8989 8 1 CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1400 1400 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®��?' nE`uunar NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 12 OF 21 2021, 9,19AM, BARRY COCHRANE RD\BBN—US Cell W 0 J 0) 0 0 ,-0 co ) 0 o: co O d d J O J W W 2i J = Q J w W = z W - WO _1 w W Q Z QQ _JW W w K w w w W W Q co 2 Z J 2i=ZZ J J 2z Z > > �i 0 > > Z Z 2 > > 2 or H W H co 0 W H a U' C7 U U z § U' co co O U H co co H QQ < z 0 co ce H H H J J W U 0 co J mUU z Z QU U CL Z J 0 o f K U Q ado o J J W U Q J Q (� Z Z m— LL LL i:J 0 0 LL u. C:J LL LL LL Z w LL ~ZZwLLW> >�� W O O z W w z? z 0 O? >- p �z�0 O? ? w O w ? w o! co U LL z m PZ It LT° ll DZ E, C) LQL W W I- O M O m O W W m cc cc z r z W W m w CO 0) Y m 00 W W D z Q 3 W U Q 1 i— . O W K 0 0 N 0 J K J U' C7 0_' w 0_ O co U' U' 0 w Z 0 0 0_ ~ 7 Q 2 W 0X J —HJ is 0 0 X J 0 0 ce 0_ H O XOU 0 2 Q Q J 7 H Q 0 CO m0Wo-1-1—a amw I— w w w a 0 m0 CO w w 0 Li Q m owow w 0 I— 0 m CO 0 0 0) 0 N. V 0) CO CO O) N N CO CO r CO N )l) 0 N. N N V I� O 0) N NM fD O M M O N CON CD 0 NO) N. N 0) Cr, Cr 0 CM(D N COO CON. r CM D) O N IIO coN.N V V 7 V �D I� O) O N CO O) N N coOD + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 0 0 N N N N N M M M 7 7 7 7 �D Lc, CD 0 CD N N I� CO CO N N N N CO V V 7 r P. r P. r r r r r- I- r- r I- I' I' w co co co co co co co co co co m m o0 172+09 F �W PRBBNHH#H Rw /�" GPS: — ~ ' ♦ b� ys �!� ®� L WALL END END WALL `^ �,`.1`? 0 O+ x— Q N S E w PLI144FIBER 50' COUNT PL1144IFIBER COIL 50' N ' JO S ��0 E �II w �• \I COUNT ��� COIL / �' ,� � !!! CAUTION !!! + .- I — W NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN . SEE BUILD IDENTIFIED NOR INDICATED. 0 \4'PJ PLAN SHEET 21 ww_ — — i LLJ Lt 2 U 0 COIL 50' EACH M ------ _ SIDE OF SPLICE43 w UO144 47 /' w® 40' w ''� �— - U QUD(1X1X1.25) + St f — _�_ / ___ Ss H G O ., sw — -air �� . _ WASHINGTON ST.— s5 uo144 RANIlk — / / / G 0 y b$ y� 218 JO �2 y _ US HWY w ISw UD(1X1X1.25) ww— w — �— �� / CV 1�1� �— y w— Rnv� I— LLI 777 le' _ •, ww �J� isCI, _ LLJ Lu � �5 / SEE BUILD PLAN SHEET 20 /55 \ PJ� LP / �`` O 0' // TYPICAL ROAD CROSSING PROFILE \ 1 (1) LLI cwi) ^�/ W' \ // VARIABLE' R/W \ / 1 \ 60" MIN _ elOWA PERMITS READ DOT UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 1 / _ @Ip�s R ©ALL. 1-800-292-8989 8 1 COUNTY CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1600 1500 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®L��?' r1ET�u u� NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT FAX:PHONE: 816-361-8821 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 13 OF 21 2021, 9,19AM, BARRY COCHRANE RD\BBN—US Ce W J J H O H H O 0 < 2 2 1 1 2 1 Z 0 aw c2 0 <W ¢w J 2J J J 2J 2J H Z H H Z Z 0 W K m W W K m CC CO LT CC 02 02 02 H HD H H HD H7 CO COU co m coo CO0 1— O hN- o 0 M7 O O O co 0 M 00 M + + + + + + + + + + co CO CO CO co co CO CO N o) co co (0 (0 co co co N N 1 t w W W W Y J J < 0 a J�JI W W Z Z Z W ma=0 H 0 H7, J ri H H CO o_Z22 z H 2 2 2 1 Z Z o' C)) 5Z<W of 0 0- a Ozw z zw �� 0=Za> LL m J (� J 0 2 JZ J Z ZJ J 0 LL (.IU' D U m Z C) H Z HZ Z z z H C) i ZU' O LT0 K CO LT Y W H ce W= CO = D m W LL OY o H z CC U 02 0 2�� K2 Q �XO ag3H� aH x 1- H=D _ -D H mH0-000 H a CO W co (000 a aU (0 H1 m c0W0 JO N- O O O CO 0 VO(O 1� Mc0 N W N N hCO 1� CO CO CO O 0 0 0 Ian co V 0 0 M 0 0 c0c0 c0 + + + + + + + + + + + + + + + + + + + + + + + 0 0 W O O 0 N CO CO co 7 V V Lc,(O (0 (0 co r ( r( h..(0 CO N CO 0 0 0 0 0 0 co 0 0 0 0 0 0 O 0 0 0 0 0 0 SS© ss ss a HNGTON ST. VISS� ASIr HWY 2181 ww ,011111.. US ® ,— s 52' U0144 UD(1X1X1.25) 4 w • w1s # O O — ww— ow + CO s /J �w— / SS — 4'± �LO � � M COIL 100' �� ' !!! CAUTION !!! em 4 ^hy p ��AO ss / / CO CS) Q Cn \ 1-1 / Wys m NOT ALL EXISTING UTILITY LINES c \ \ j ar++� 189+87 THRU THIS AREA MAY HAVE BEEN / 2' Of?, p \ / 40' / / BBN HH # 10 IDENTIFIED NOR INDICATED. ¢ RQ • .rr /sto/ GPS:,� A �AOR ~ �I / � 142' w % > i Ct / WALL / / WALL .., \ U) D"> _ I--- 2 o / N / S W / / / 1 FIBER / ill PL 00' / !(/� / / N S / \ \/ W y1�' `„�� 3 � \ ABLE ... COIL / Q N 2' 0 0 Lo H co 44. SEE SHEET 1 w w _ LLJ e / / / / / / / -IOWA4 ©HE CALL 1.800.292-8989 8i1 _ www.iowoonecall.cam I „ LLJ e // / / PERMITS REQD DOT UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY COUNTY . CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1400 1300 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®��?' nETWII� NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHO: 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 14 OF 21 x 0 0 0 Er V 1 a 0 0 3 m x 0 0 0 m m z CO m CC CO CD o o Z Z (0 0 t o 0 J W W Q Z J Z 0 W W W w a 2 0 = J 1- J~ 0 w H J Z 1- I_ a z Z_ Z o W 0 ? O w 0 gO W 2 J 0 J 7 W J OJ ZO U W tl) 1- 1-} X ce I- 1- 7 X }I- 2 K ww o W Z 2 Ce ~ W z 2 W W U. LL CY C9 W a 0 W C. CO a wa' J w O I- W a Z I- W X a �I- W J Z L m m IL a W rn CO w < L(n I- w w 1 o LO CO — m m v coro CO CO CO a) u-) r r of O) co oo •V (D CD 0) CO V + + + + + + + + + + + + + + co O O O O O N N M C)m (0 7 7 co O O O 0 0 0 0 0 0 O O 0 0 0 0 N N N N N N N N N N N N W Z J J J W= Z 2 J �Z J ZZJ H2 Z 2( ZU Z UUZ w2 Z KUZ ZU W ULLa' C7W W W J-J-K-Q coW a WHa my LD L+)In LO CO CO I, I\ + + + + + co COO CO 00000000000 N N N N N Z Z ZJLO Z 000D, -' Z7 m2U UZQ LL2Y QQ 1-am0aa CO on N N N + + + N.- N. N N N H J Z m U�QQ 7JJ N+)� -L N V + + N- N- N N 2 2 Z W U J a W .1 J J_ 2 O U Z Q W ZY mQ m2 UU N- 0 + N. N 0) e. RNJ— . Rlw--r — RNJ— — Rw— RIW- - 'OK e RAN- -- , — ww— - ss ss RD. ss ss m• > — — LAPORTE ss s� :. w w _ — ss ---�-- ss — s$ w w ss =ss o w eZ w t, C!_ oli-140' OH U) w- w w ° c— ww— —RAN— �w a {} n G c c - —; , ww— — 1 * ® G*. c * 142' G OP- 4.5 I ♦� — LAPORTE RD. (FRONTAGE) — _ — — — — li — j R" — — i C� — — l `^""— — 1X144 _ • 9" UD(1X1X1.25) �.. �.. _ 2 COIL 100' 2' HI CAUTION HI r� 207+61 1 WTHRU = NOT ALL EXISTING UTILITY LINES THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. II I CRAN 007 PR BBN HH # I GPS: U) CRAN 007 EQUIPMENT LLI W TO BE PLACED BY OTHERS Q WALL END END WALL W U) _J • W i H TYPICAL ROAD CROSSING PROFILE I r il N S E w PLI144IFIBER COUNT PL 48 FIBER N S E W COUNT VARIABLE' R/W uj u 50' COIL 00' COIL 60' elOwa PERMITS READ 60" MIN _ DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY INr © ," 1.800-292-8989 8�1 • www.iowaonacalLc _ �,� COUNTY . CITY OTHER E DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1011 961 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®��A FIETWi7� NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO WORK ORDER: 21-4013-01 DRAWN BY/DATE: GFS 5/2021 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET 15 OF 21 2021, 920AM, BARRY COCHRANE RD\BBN—US Cell 0 0 o Z Z Z m c 0 Y IX w w wo O0 z oa 00. 0w 0 LLw c,U0. 2?z J J z z w�J m wa_w w w zw w wz Z K W W W W W W W W W W W W w J JI =rn�p p 0 » »Z>> 0 zzi > > >- > x2LLcc ce ce 02 ce OQ x C7 ¢ox x� 0 0 W� �� cc cc o ¢ �x-0 �� 0 0 m K O❑m❑ 0 ❑ Z_❑ ❑LL V z zc9?zYzw >- >- ❑❑ ❑❑�❑❑ >� YY 0 wz¢dm�� ❑ ❑ 0 0X ¢a m Z�J�Z �Z O O O O>0 0 U' Z ¢¢ x ?�� V>F- O O Z O 0 m X ¢ O C O O O Z p o z z W LLQQLL LL LL ZLL LL p0 w �� ❑ w0❑ w z x z- O LLxw Wwmw w w ❑w w H�?w Ua�U W U� O �� 00 00 W0 0 �N w ww w a �U�¢W� C7 C9 C9 C7 IY U' 0ZC7 C7 x(7 C7 Naq�m ww x LLo❑dD ix ox ❑❑ ❑❑coo OR ce ❑❑ ce a D0Rcew� ❑ ❑ R ❑ ❑ (nwNw w w aw w w¢❑uu) (7(7)-i a o-¢LL LLmu:U o 0W ww wwwww ow H min 1- ¢ ULLwHLL(0 w w w w w OOMc00000�CO 1070) (O CO CO OD (O •7 r (+) CJ O N. 7 1�0 n N. 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POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1450 1400 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®0_��?' �� r1ETUMELIF NORTH PROJECT: WATERLOO DT HUB WATERLOOIA 50704 , TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 16 OF 21 0 z 0 rn Z co 0 0 J W J J J 0 J= _ D O O O z w 0 1 W J W W = W W W W 2 W = W J W 0 _IW W = Z J d' 0 cc cc 2 ccccIY ccJ J < ce < (Y Z H cc ce - 2 a W ❑ W 0 0 ❑ ❑ 0 0 r) Q Q 0 0 0 Q W 0 0 W EXO U Q 0 0 E0 0 0 0 E V> E >- 0 X 0 2Z 0 0 z ern VccW u_ > W W 0W W W W 0 W W U W W W Ix =ce W 0000 W W CO 0 Cl J o_ ❑ < rD 0 0 w 0 0 0 0 w ¢ w < W c7 a 0 O 0 0 0 0 w O 2� Q ❑ ❑ J ❑ ❑ ❑ ❑ J K Q J < ❑ 0 0 — 0 ❑ ❑ J ct wQW 1— 0 W w W W W w W W I— �i W LL w < w (00 w w 0 W 0 Cr, CO CO O r CO 0) 7 0 CO 7 0) O N 47 10 N- OD N N 0) ,- CO N CO f0 CO CO CON- CO CO CM LO N 10 N N N 7 N. N CO COCO(0 CO CO 0) 0 + + + + + + + + + T + N + + + + + + + + + + + + + + + + + + CO CO 0) 0) 0) 0 0 O O 0 N N N N N (•) M M V 7 V 7 0) 0) Ln CO N N N N N N N NNN N N N N N N N N N N N N N till II II \II Niii I lif �� ww— —IyICO• R"^— F� PLAN SHEET 10 �I-- Ii ww— -R,w— — SEE BUILD ON --- RhY — �STM—STRO , TM -80' II ' F/0F/0��. EB W COIL 100' S STM S=HINGTON ST.— `®:�� ss � 18+39 PLACE BBN HH, MARKER '�"�----- © _��viTMs 80'. 18+33 TRAFFIC SIGNAL = 0 —ATM �����— how 18+25 P.I. RUNNING LINE 18+19 APPROX. ELEC. LINE X-ING It (� __ — �`� I — — , ,�.)„ �_ a EB WASHINGTON S' UD 18+38 17+96 FIRE HYDRANT BBN HH # 12 m GPS: •T I; �� (uoa8 _ c 1X1X1.25)+ T • p __ U0144 wl I, ( Rrw— ��UD(1X1X1.25): o JJJ t� 12t —,, .�L1 p IIr 11'± COIL 50' SEE BUILD ON 1 17+51 EXISTING POWER POLE WALL III PLAN SHEET 10 WALL !!! CAUTION !!! 8� N S E W N N E ,- ..1- E O W Z x' NOT ALL EXISTING UTILITY LINES 26+03 THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. Tr BBN HH # D GPS: 80' 17+09 CABINET I O ' PL 48 FIBER CABLE 100' COIL D WALL END I I 16+71 EXISTING POWER POLE I I o S 15+07 E BBN HH # K c W GPS: PL 48 FIBER COUNT 50' COIL 15+ . P.I. RUNNING LINE V) I WALL END END WALL 15+:0 F.O.C. MANHOLE 15+ 8 EXISTING POWER POLE SEE BUILD ON PLAN SHEET 18 I - V I • o I N S E W PL 48 FIBER COUNT PL 48 FIBER N i S E W COUNT TYPICAL ROAD CROSSING PROFILE 50 COIL — COIL 50' EACH J 50' COIL VARIABLE' R W U048 SIDE OF SPLICE v .... — UD(1X1X1.25) �_ �� - _80' - c Vile.: _��. 15+07 PLACE BBN HH, MARKER, 2-WAY SPLICEd�' c 717 14+99 APPROX. GAS LINE CROSSING — —SOUTH ST.• M !� 1 — W� c � I I c • o \ 60" MIN c c 1 14+50 SIDE WALK c 14+45 SIDE WALK „ 11't I 14+37 WATER VALVE 14+36 FIRE HYDRANT Li80CIA ■■ 14+02 P.I. RUNNING LINE ill ill III 14+00 EXISTING POWER POLE SEE SHEET 1 TO MATCH SURVEY STA. 14+00 elOW//gA®®©© PERMITS REQD DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY ENE♦ 1-800-292-8989 www.iowaonecaLl.com AILI 811 -62--, COUNTY . CITY ■ OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1403 1203 2 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: a y EIL � fETwrn01C NORTH (ilki PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO WORK ORDER: 21-4013-01 DRAWN BY/DATE: GFS 5/2021 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET 17 OF 21 2021, 920AM, BARRY COCHRANE w 0 M 0+00 W 1 ¢ W CRAN 012 Y 0 1- PR BBN HH # L z < w w J w w J W❑ GPS: z� w w O Ow w 0 00 w LL1 aw> > m Oz =�0 > > x x>_ >_ z co = zxx = > > Ow>a a m U` 0 ❑ ❑� �p WALL END END QQ Z a❑❑ CC LL 0 0 z Z p p Z Z p ❑ K U U a Z Z ❑❑ z aw WALL c0 z 1- Li- LL < ¢ LL LL 0 u. LL M 0 a a ri w u 0 0> LL Li- m zxace0 0 N S E W PL 48 FIBER 00' COUNT PL 48 FIBER COIL 50 COUNT COIL N S E W °0zx 0 0 x x0 0 > w❑ a w w w W x Q�p (9 C7 U) m(7 0 W =� ❑❑ X X❑ ❑ LLao w w w ww w LL Oho) CO N O) CO CO O O) o o 0 N n CO + + + + + + + + + + O a- a- N N N N N CO 7 0 Y 0 < CO W M + 7 co 0 Y w 0 C < mCO O CD + + 7 7 >=x 1- 0 0 0 w ce w x 1- 1- w w w cn wIw w 0_ W 0 w WWcn� CC 0 0 X w¢o o C CC CL xX 1-❑❑ wl-3w w F- 1- a Co (iww (0 w w CO 7 r CO CO O CA Cl) ONNM CO^to 00 On) CO CO CO 0 N • N rn N M ++++ + c a- c + + + + + + + + + 0000 0 CO CO h CO CO CO CO O) O ,- a- a-,- 1 CRAN 012 EQUIPMENT BE PLACED BY OTHERS TO I I 11+97 I 8I ;g BBN HH # K I I I 80' GPS: SEE BUILD ON I!! CAUTION II! WALL END PLAN SHEETS 16-17 )n N c COIL co --, NOT ALL EXISTING UTILITY LINES N THRU THIS AREA MAY HAVE BEEN ,! 4 Z I 50' 'O IDENTIFIED NOR INDICATED. r Q E ° I 0 X 07 I� \ a 12't I § I < W PL 48 FIBER COUNT o -S.� ❑ I d 50' COIL I N — LRn" 10t COIL I_.. . % 11 N a� r U048 V— — wa i4 V� W� / w-� r I — — 'STM w i1; I UD(1X1X1.25)50' 0 F/ F/O OI — — aa STM STM STM W t 17 t - ® Fg 60' SOUTH ST. ST" w O STM w ico O [lam O STM STM 0 w O G G i �� SOUTH ST. so' ( ' J,\ f- (J — G $ '� r G K74P= RAP- — — — O O O O �— row` — �G G c N 6 _ 2 row —I- --F' I � TYPICAL ROAD CROSSING PROFILE 16I Cr 1 SEE BUILD ON PLAN SHEETS 16-17 I a I I I I VARIABLE' R/W � o4 ,n N C< _ _ I°< ....,..< '' 60"MIN 1 -�iI I PERMITS READ •IOWA— {� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD RESPONSIBILITY TONS TO FUT ELDRE NOT NECESSARILY LO ATE ALL UNDERGROOT. IT IS THE UND OBSTRUCTIONS OTORS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY )NE CALL,,, 1-800-292-8989 w ww.iowoonecoll.com eVRY ., COUNTY ■ CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1297 1197 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: �' ®�� �� i FIE F NORTH \ / PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 18 OF 21 00 Z m w cc z J 0 0 O Z 03 W 0 J U J z w w0 J z w 0 w w Q J J a U J a J J x 0 w pxwMJZJI =wm 0 wxW w00 m zzJzaJwJKz z == Jzzzaz wwx�z00azwzp7) x QaaIzxx73Ux ��zUZVazzXZOOWzw2z2zzzzVlYz a W HLL=LLUHaaa LL=H?KHa'mDHH�y 0wcoQ�QW� .o_ J mcomOu)0CaU7_mQWr)z a'ccXa'ir-X-o_H< <XQI-RI-D-XXa'JX aHW HaHwwa<a HOw0(nW(00aW W O�NNNM7 V 77(OD ap)NMMM M000�77ON2� + + + + + + + + + + + + } } + + } } } } + } } 000000000000 N N NN N 'gI I 1Cn I I I Iv u !!! CAUTION !!! ww J J OO ()H HW W + } } NN N W J O x0 ma WU(OQ WIYV03 (n0LLa� zWQ QJa'KJ (OW m77 + (0(M IN I I II W J W O J J a Q W a z- Ox > z a J 0o>-a¢ 2z ? OOaz� re H 0] W -Q 0( a 0000)0 H X D 00a'XH H O CO W 0 W V 00) r 0- + + + + + + + + MM M CO M V 7 m 20' W W J J O 0 W a a zaW a W o =z a 0 W ¢y z - mO W aHce I- 00 aLL (0 a O X 2 H2 WaWa) w 0 co (ODr� 7 (00 TT + + + + + + + N� �� 0 CO 00- 1- + W ¢ > W H Q 2i M + 0- z H p J (ce xj - Wco W W z J z J p J J W O J W 0 O OO a U a W W a O a U J a W az za x w c7x �z Ox �O>>O Q w0Q a, ¢ a0�00�a () 0 Hw•v00O-n� zV0 � za00az z wp1-cLIO I-LL Hd W W d� 0 Za'U�LLa' D 0 W0000� J X QaJQaa X2 I- XK00 X w w UQ W WI- CO W O W waw 0aD yN r� 0 NNN� CO 0) 0+ + + + + + + + + + + + + + p O .0. 0. 0- W 00 W 00 W - - ------ u) (7 z o ZI 2 m 0 _2 w IJz �lz (q • HQ + ++ ... W J x z w waLIzz U�LL QQ�X> co + - J >z >(0-n i- + + -- Y g J J J O O 0 a a x a Ir 0 O O x 090 0 (7 CCI z z w J O U > X wm 00 W a +O+ O+ + O+ c M + -- II CO .. NOT ALL EXISTING UTILITY LINES a X THRU THIS AREA MAY HAVE BEEN m 6 ` NOR INDICATED. D D y SEE BUILD ON = PLAN SHEET 11 90' I I y 1 ZIDENTIFIED I -__ G a Ny I I sr I II _ — —Z IA III I:,. aiw—eq — — o�! 4]- 08 y, U- ‘iiimu Mg W,f,W II O W —_ ® —re 8D' Ss STM ui=L- _ 2 —W—W _( = 0 • STM W _ • I � �� W. 11th ST.ISM 110 _-„ — — COIL sr - - •� ---- - - '" • U048 ��- UD(1X1X1.25) R""— — ) s' 12'± 50' CRAN 018 Samo r'C��"�� _ — Rm ���, Flo ';�C�� yN _� EQUIPMENT TO BE PLACED — 7_I I 111 14+01 BYOTHERS JJ' �=UD(X1X1ti5) AillA F- O. .4 FI• 3 I Z I 80' I I CRAN 018 II .I PR BBN HH # M c GPS: O 50 WALL END END WALL �G B ,� `.I OI COIL 50' 0+00 "� PR BBN HH # G N v GPS: - cn 0) cC I Z I CO uJ I Zi 2 I = I (1) O CO CU I I i I J Q cc al M 0 I I I N E W PL FIBER 48 50' COUNT PL 48 FIBER COIL 00 N E W COUNT COIL O X c0 D_ ' x ,- END WALL • (V 0 I LLI ND I PL48 FIBERCABLE S E W _ (1) D o I I I I I I I TYPICAL ROAD CROSSING PROFILE I SEE BUILD ON 50' COIL VARIABLE' R/W PLAN SHEET 11 _ IOWA PERMITS READ 60" MIN DOTCOUNTY • UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. OE1�Jjj��[[jj N COAL., FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 1•800.292.8989 II www.iowaonecaac,- ;;,,-..,,. CITY ■ OTHER • DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1501 1401 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®0_111?^ ��PHONE: nFTLUE111X NORTH PROJECT. WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT 816-361-8821 FAX: 816-361-8848 www.b!uebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 19 OF 21 0 0 0 )12 0 0 x 0 0 0 31 0 0I a 0 0 3 0 CO x 0 0 0 0 0 z COCO 0 c[ce w Q W J o 0 0 Z COW w 0 Q J o- o O + O G_ 0 W 0 0 W r- O + O w Q W J C) 0 0 z Q it w > > > > >_ > » > > » » it it W > > W m W J CC IY CC CC dit CC it CC CC it it it CC W W J cE it J CO O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z 0 0 Z W W CO W W W W W W W W W W W W W W W W CO W W CO 00 0 it 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a' 0 0 n' J 0 = 0 0 0 0 0 0 0 0 0 0 ❑❑ 0 0 0 0 D 0 0 D d W 0 W W W W W W W W W W W W W W W W 0 W W 0 co c 7 V 5) (D M 0 (+) V LL') M LL') CO 0 O) 0, CO N 0, O (D N (7 CO 0 - a) co O) O V LL-' co O 7 V Lc) 00 O) (+) c0 + + + + + + + + + + + + + + + + + + + + + + + O O O .- N N CO) CO a 7 7 a )D )D N N. N. co co 0) O / \ \ h `° / G X 8CN 7 u ���EE BUILD ON PLAN SHEETS 12 ti%ti `� a\ �ST • SEE BUILD ON & & PLAN SHEETS 21 17 7 N +7 A4 +7 N i ♦ :2S ° \ 45' i Irr , Nr O\ St '' U0144 O �N: _� _,.—ID— ���f`a= UD(1X1X125) -.. ° • • w w w ww w w N w w =�r w w B STM TM STM STM —so' ss `�1 o ss �ss WILLISTON AVE. 5, 60' �� (VARIES)`ss ® , ss 5 - MOO .,U048 UD(1X1X1.25) ,.,.. ..,.. . ��7 a �. .. .,. ",.. ,.,.. ,.,� - I ��4(_• COIL 50' �V li T± F- ww— _ �" NS ill ��M !!! CAUTION !II O 10+28 COIL 100' PR BBN HH # O ' 60' NOT ALL EXISTING UTILITY LINES 3 GPS: THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. 07 LU �O(7 7q4 CRAN 016 PR BBN HH # N N O N ? Z Z WALL END SEE BUILD ON PLANLU 7+72 GPS: I SN SHEETS 12 & 13 •SJN TYPICAL ROAD CROSSING PROFILE W WALL END END WALL N N N N VARIABLE' R/W PL 48 FIBER CABLE 100' COIL E W S E W 'PLIEIFIBER COUNT PL 48 FIBER COUNT _ 00'COIL 50 COIL \ 60" MIN PERMITS REQD \ IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY INL ©ALL," 1•BOd?92-8989 8t1' COUNTY CITY RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY www.iowaonacall.c( �,� OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) 6E024 6E048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1178 1028 1 2 BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Mg_ OJEFISTAKED ?^ �� FIE TLIMILIC NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO WORK ORDER: 21-4013-01 DRAWN BY/DATE: GFS 5/2021 ROUTE: WATERLOO DT HUB WATERLOO DT HUB WATERLOO, IA 50704 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SCALE: 1" = 100' SHEET 20 OF 21 w o (0 0 (0 13+78 = w w w J X X J WATERLOO DT HUB oO - w 00 J J p Ww w PRBBNHH#P wW w = 0 w 0 x= ¢ O w ww w 0 Zz z = ZJ J z 1 z J Z = J Z J Z J J LL' GPS: =J LL.Z z J O 0 ¢ U J Z Q Q w Q Q 0 W w ce 0 O W J O H w J w JU U = W Z 2 z 2 2 Q Z Z Z Z 2 Z 2 Z Z 2= Y U' Q Q == Y 00 co Z< z w 1— =w z �( (w=OwwQ o o 0 = w¢ =w -< 0- z•0 C7• 0ma WALL OO END END WALL co< zo z2 L z zZ Z �U UZUw 0 0 0 ?2 OZ z2YO z�m�oo j0 O Zca ww N in ULO D10 K co 00 H< 0 Hll LL W V)N¢ W W W— core oco�2= W WW Www 0_ 0_ ~UU S J— J 1O 0 Z W 0)ec 5: W Q1ZZZ� J C7 z <0 WO Z W �O�Z �KQJ00 -<LL ii LL XJJ E LLO —H H Q XD — J K� W QQ� Q w X �H W -H- W -HJ 00 0_Q ¢ wo_o_ (0 U O_ co (1) (0 U W U D_ W H H U LL (0 U U I10 W LL W U co LL U a co Li LL a- co a 0- w w W o 1,0 N co V •V I- N (0M CO MO,-O a) O co N. 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COIL 50' EACH�/S�O� w " .- \ ill w',t \ SIDE OF SPLICE `% RN' .!����� omix p It \ \� U0144 • ®lOWA� o> '� UD(1XIX1.25) • 55 \ Gp G / SEE BUILD ON PLAN �� O 8+38 TYPICAL ROAD CROSSING PROFILE f f /PRBBNHH#13\ c / ONE CALL. SHEETS12813 \ ,, 18thST• ~ W 1-800-292-8989 W m �y j VARIABLE' R/W /\X d GPS: 4. J \ F•. \ y www.lowoonecall.com 'ate"':. / \}}\‘\ >�I��ei• WALL �/WALL 5 \\ PERMITS READ i s E s\.\\\ E so"Irnw DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY W PL1144FIBERCABLE 100' W COIL _ ! _ / COUNTY ■ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1578 1378 2 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: :, �� fFru me NORTH PROJECT: WATERLOO DT HUB WATERLOO, IA 50704 TAX DISTRICT 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: WATERLOO DT HUB DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 WATERLOO DT HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 21 OF 21 RD\BBN—US Ce _ Hawaree`h •Srrubk Le irim �� Sloan Rock Rapids Lnke Sibley' Heck, SM1elgon Sloue Center •Orange CM1y. Marcus. Cherokee -*many '• 1 ' e An mCreek. Battle S rtmand Mapk,on. Channr0ak. .5oldiar Prrk. • Lake I3mrvhlle• • Ochey.la . • Estherville •sue G,h .Malvin Milford Risgslea, ��an�r. el Ba wan. 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E,r r ,tt, u� , op,. r.l^ y.rw•�K 01'' '. ?,0•4- 'Ravi^nwo,3d-RLI . co,h . r .}1 ..F • #" SHEET 18 Ft z - �° COUNTY ■ CITY ■ OTHER ■ r - _ 1 ....,=, :E7... • S - •.r�.f••b � fir o.. * ' i• rir ' ■sj u .�...' J SEE PLANT , ' S 1iJM - - ` SHEETS �;:I_,}. 1� ;. k, 14 & 15 t . ti qp US CELLULAR • 7 'r+ • f; CROSSROADS - r r 4 r ' 'P' fk HUB SITE IT- -. Tk } Iowpra _�' 41 E -.-� �� r,• 1.800-292-8989 p �i� T - ` a • i Mkll I + •::-.. �}1r, www.iowaoneccll.com ;a. San'Marnari�Dr ._ ' - _ 57:1�, vn�n_ar r ,.. ii���'TTT ale _ - -.r '04 irit 11 TI. r. - Via ,._' } y, SEE PLAN SHEET 13 I �- r f SEE PLAN 380 } SHEETS 1-8 a ' �}: , r r .. 1 1. _ N 0 „------ ,.. „,,,, 0 .0.0 .. V .. C# ti-. _. _ _____________ } S Q .. p _ POLE OR PED NO POLE BD3 C0432 (10M) BF048 UO6IEL U06IL U0241E U048 U0144 U0288 U0432 UD (1X1X1.25) TRACER WIRE BM53F BM53FTH BM73 BM21 BM2C HBFO(24) HBFO(72) HBFO(144) HBFO(288) WHBFO H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 12,619 12,210 22,129 50 28 TOTALS STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ELL `111:1 W nFTflfl NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET K1 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK SEE SEE BELOW K2A -THIS SHEET - PLACE PLACE PLACE PLACE PLACE BBN HH #A BBN HH #B BBN HH #C BBN HH #D BBN HH #E SPLICE SPLICE SPLICE SPLICE SPLICE CRAN 004 48ct TO 144ct CRAN 23 48ct TO 144ct 48ct TO 144ct SHEET 1 SHEETS 2 & 13 SHEET 2 SHEETS 3 & 14 SHEET 4 STA 0+00 STA 13+33/0+00 STA 26+56 STA 33+69/0+00 STA 54+21/0+00 PLACE BBN HH #G SPLICE 48ct TO 144ct SHTS 5, 16 & 17 STA 61+19 - 14+90 / 0+00 PLACE ai BBN HH #H SPLICE 48ct TO 144ct— Q w SHTS 5, 12 & 18 STA 69+27 - 52+03 / 0+00 p PLACE cC w BBN HH # I PLACE PLACE SPLICE cC BBN HH #1 BBN HH #2 0 CROSSROADS o_ SHEET 6 SHEET 7 HUB SHEET 8 STA 81+87 STA 97+00 STA 113+10 1,333' q. 1,323'X 713' W 2,052' 698' \/ 808' 1,260' 1,513' 1,610' U0144 / U0144 U0144 /\ U0144 U0144 /\ U0144 U0144 U0144 U0144 7 HAMMOND AVE. �p PLACE BBN HH #K SPLICE CRAN 003 1 w co > Q Z 0 2 = -E SAN MARNAN DR. 0 PLACE 0 BBNHH#F z SPLICE CRAN 005 < SHEET 4 L-L STA 1+60 (0p co H z z W co cn CC w W z 0 w 000cn Nco = 0 u) Q Q J X w ~ TEXAS ST. SHEET 13 STA 5+52 SEE K2A SEE K2A SEE BELOW PLACE BBN HH #J SPLICE CRAN 019 SHEET 9 STA 0+00 PLACE BBN HH #2 SHEET 9 STA 16+00 PLACE BBN HH #3 SHEET 10 STA 29+17 PLACE BBN HH #4 SHEET 11 STA 42+47 -THIS PROPOSED BBN HH #H SPLICE 48ct TO 144ct SHTS 5, 12 & 18 STA 69+27 = 52+03 / 0+00 SHEET - #S SPLICE CRAN PLACE BBN HH #S 006 SHEET 18 STA 5+49 1,600' 1,317' 1,330' 956' \/ 549' W U048 U048 U048 U048 /\ U048 EASTON AVE./ OREGON ST. RIDGEWAY AVE. LA PORTE RD. w > Q Q w 0 z z Q z Q ui SEE ABOVE -THIS SHEET - POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) HO1 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: UER:STAKED ELL rT �AK NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8841 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/18/21 ROUTE: CROSSROADS HUB WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' SHEET K2 OF 18 PAR/COUNTY: BLACK HAWK PLACPLACE PROPOSED BBN HH #E BBN HH #N BBN HH #D SPLICE SPLICE SPLICE 48ct TO 144ct — SHEETS 3 & 14 48ct TO 48ct 48ct TO 48ct STA 33+69/0+00 SHEET 14 SHEET 14 STA 0+58/0+00 STA 9+87/0+00 PLACE PLACE PLACE BBN HH #P BBN HH #5 BBN HH #6 SPLICE CRAN 001 SHEET 15 SHEET 15 SHEET 15 STA 15+48 STA 20+34 STA 20+78 / 58' 929'41 561' 486' 44' W U048 /� U048 U048 U048 U048 z cC Q z w PLACE BBN HH #M SPLICE CRAN 002 SHEET 14 STA 0+57 FLAMMANGO DR. PLACE 8 BBN HH #O D SPLICE CRAN 022 SHEET 14 STA 0+34 M CROSSROADS BLVD. co O D I 1 PROPOSED PLACE BBN HH #G PLACE BBN HH #Q SPLICE PLACE PLACE BBN HH #R SPLICE CRAN 020 48ct TO 144ct BBN HH #7 BBN HH #8 SPLICE CRAN 021 SHEET 16 SHTS 5, 16 & 17 SHEET 17 SHEET 17 SHEET 17 STA 0+00 STA 61+19 = STA 2+83 STA 6+56 STA 6+96 14+90 / 0+00 1,490' 283' 373' 40' U048 U048 U048 U048 CAMELOT DR. / SEARS ST. co ui SEARS ST. CROSSROADS BLVD. d 0 z Q z a 2 z Q POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) HO1 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®� nrT �AK NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8841 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/18/21 ROUTE: CROSSROADS HUB WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' SHEET K2A OF 18 PAR/COUNTY: BLACK HAWK FIBER OPTIC CABLE LINES CONTACT INFORMATION: GENERAL NOTES: MNA CABLE, BURIED BFO### MNA CABLE, CONDUIT IOWA ONE CALL 1. BURY MAINLINE CABLE MINIMUM DEPTH OF 36" UNLESS NOTED OTHERWISE. UD(lx2x1.5) 1x2x 811 OR 800-292-8989 (800-292-8989) MNA CABLE, FIBER DROP BFO### 2. BURY SERVICE ENTRANCE CABLE MINIMUM DEPTH OF 18" UNLESS UTILITY LINES BLUEBIRD NETWORK LLC OTHERWISE NOTED. TELEPHONE, AERIAL T T T T T BRIAN ART 847-650-1348 (0) TELEPHONE, BURIED B B B 3. GENERAL LOCATIONS OF UTILITIES ARE NOTED ON PRINTS. NOT ALL ADDITIONAL R/W INFORMATION UTILITIES ARE SHOWN. CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL FIBER AERIAL AFO AFO OPTIC, AFO BLACK HAWK COUNTY, IOWA WEB MAP UTILITIES BEFORE DIGGING. FIBER OPTIC, BURIED — -BFO BFO BFO- - HTTPS://WW2.CO.BLACK-HAWK.IA.US 4. CONTACT IOWA ONE -CALL 48 HOURS PRIOR TO CONSTRUCTION. TO ELECTRIC, AERIAL E E E RIGHT OF WAY DISCLAIMER REQUEST LOCATES, DIAL 811 OR 800-292-8989. BE BE BE RIGHT OF WAYS SHOWN FOR CITY AND STATE ARE ELECTRIC, BURIED GENERAL AND WERE SCALED FROM BLACK HAWK 5. LOCATION OF PROPOSED FIBER SHOULD BE AS CLOSE TO RIGHT-OF-WAY GAS, BURIED COUNTY GIS MAPPING. STATE RIGHT OF WAY LINE AS POSSIBLE. SANITARY SEWER — —ss ss ss— — MARKERS ARE SHOWN ON THE DRAWINGS WHEN AVAILABLE IN THE FIELD. 6. NO HAND HOLES ARE TO BE LOCATED IN SIDEWALK RAMPS AT STORM DRAIN — -SD SD SD- - INTERSECTIONS. WATER, BURIED — —w w w— — 7. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS. FENCEx _ x x x 8. REPAIR ALL YARDS, DRIVEWAYS AND RIGHT-OF-WAYS TO ORIGINAL OR GUARDRAIL STREAM, DITCH BETTER CONDITION. 9. MAINTAIN MINIMUM 12" SEPARATION FROM BURIED POWER. ROAD ROAD C/L AND NAME — [STATE HV/Y NAME] 10. CONTRACTOR TO PROVIDE GPS READINGS FOR HAND HOLES PLACED ON RAILROAD AND NAME [RR NAME]t- THIS PROJECT ON AS-BUILTS DRAWINGS. i i i i i i i i i i i i i i i i RIGHT-OF-WAYS, EASEMENTS -- — RNV - - RAN TYPICAL MATERIALS & DETAIL BM53 HAND HOLE NO SPLICE HAND HOLE (NO SPLICE) INFORMATION HAND HOLE (SPLICE) INFORMATION OF FIBER HANDHOLE & SPLICE HAND HOLE W/ SPLICE XXX+XX XXX+XX URIED FIBER WARNING SIGN HH # X HH # X BD3 STAKE NID W/ SPLICE GPS: GPS: MOUNT PEDESTAL STENCIL HH # ON 40' BM60(1.25) - - • FRONT OF PED #48 BM60 (W/ LENGTH & SIZE) 1 I WALL WALL WALL END END WALL 40' BM61 N N N N PL UH 24" X 36" HAND HOLE BM61 (W/ LENGTH) I I E CABLE MKR BMA W E E W W E FLUSH W/ THE GROUND W UNLESS NOTED OTHERWISE BM2C #6 BARE GROUND WIRE UTILITY MH IT### FIBER UTILITY METER PL 100' COUNT ### FIBER COIL PL 50 COUNT ### FIBER COIL PL 50 COUNT le, COIL 36 GROUND ROD CLAMP BM2C(5/8)(8) '' X UTILITY VALVE oa w UTILITIES NOTE SPLICE CLOSURE W/ ORGANIZER TRAY \� /TOP5/8 OF8RODGROUND 12" DEEP POWER POLE ® UTILITIES NOTE: HBFO BFO UTILITY PEDESTAL ® GENERAL LOCATIONS OF UTILITIES ARE BFO 'E'- NOTED ON PRINTS. NOT ALL UTILITIES ARE 6" LAYER PEA GRAVEL (2) #6 INSULATED COPPER GROUND WIRES CATCH BASIN CULVERT SHOWN. CONTRACTOR IS RESPONSIBLE TERM NATE & GROUND CONNECTOR HYDRANT M CAUTION SIGN > CAUTION> FOR LOCATING ALL UTILITIES BEFORE INSIDE PEDESTAL. BURIED GAS DIGGING. BOND GROUND WIRE SEPARATELY SHEATH TO EACH POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ELLnrT �Fle NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8841 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/18/21 ROUTE: CROSSROADS HUB WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' SHEET L1 OF 18 PAR/COUNTY: BLACK HAWK 0 4 5 0 0 m DETAIL A QUAZITE HAND HOLE NOT TO SCALE DETAIL B QUAZITE HAND HOLE COVER NOT TO SCALE 37 5/8" ► — 33 7/8" OGO ®0 1 ' /P--/\ 35 5/8" 26" 22 1/4" 24" PULL SLOT WITH CENTER PIN 2 PLACES LOGO \ 1 1 o 1 QUAZITE LOGO G \ V1 I—. Ai N / 3" 24" 1 TIER 22 APPLICATION: DRIVEWAY, PARKING LOT, AND OFF -ROADWAY APPLICATIONS SUBJECT TO OCCASIONAL NON -DELIBERATE HEAVY VEHICULAR TRAFFIC. VERTICAL DESIGN LOAD 22,500 LBS VERTICAL TEST LOAD 33,750 LBS LATERAL DESIGN LOAD 800 LBS/SQ FT LATERAL TEST LOAD 1,200 LBS/SQ FT POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ®� rirr �m NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8841 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/18/21 ROUTE: CROSSROADS HUB WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 APPROVED BY/DATE: SCALE: 1" = 100' SHEET L2 OF 18 PAR/COUNTY: BLACK HAWK RD\BBN—US Ce U w J J J = J J J J J J Y ¢ D5 0 0 0 0 z0_((i) as w 0- a w ((0 z K d'W K JKW CC Z K K J • W W J W W W % W a W w w w K w W 00 ¢ ¢ =w W 2 Lj0 > > , o- > > 0 0 O z0 0 1 y Z 0 0ZI- 0 E E HOw 00 ceH H ¢0 0 zcc J W d w¢ w d 0 0 Z wz o_ o_ 0 0 i 0 w 0 W ¢w w m¢ O (0 02J 0 w w W 00 U' 0 (L LL I- 0 J 0 J ww� W z z2 Z 0 0 0Zx ZZ 0 0 W Z ? Z Z �0 0 UOUW� I co w w �Pw P P w w 0 m I- m 0O(-9 0 ¢gwwz 0W 0 0 cocoJ corn 0 0 0 0 cc co cc J Jd'¢ X XI-D X 0 0 X X W XX 0 0 a X D X D COW W 00 W1-CO W 0(00 w W w WUI- WW W w 0 w 0 w 0 O 10 <0 0 O COO 00 N CO N N V V ,0 N- N CO 7 I, 7 ( (0 N a7 Op o o 0 - 0 O N (0 0 a D) 10 (0 (0 I,- t` 0) V (0 0 +r 7 00 + + + + + + + + + + + + + + + + + + + + + + + + + + O O 0 O O O O O co a) co V V V 0 10 ()0 CO CO 0N- N- 00 00 0) O) \ O \ 1. et !!! CAUTION !!! \ .2 o -I- COIL 50' C) NOT ALL EXISTING UTILITY LINES ti THRU THIS AREA MAY HAVE BEEN \ et (JJ) IDENTIFIED NOR INDICATED. I N— Q >- i LLI Ct ____ 22 t m — T 26't — -RNv - -RAN RNV 1 - -p)W fLyy q -R -O -RO M/b sTM 23't 0 U0144 UD(1X1X1.25) 0 (1) BMS' _ I _� _ © STM TM STM I & - STM r , V~ STM II 100' 100' Q HAMMOND AVE. w w_ w w —w w w w w w w w 7- G G G G G Gam- 0 G G G G STM Q GG STM G G G H STM STM STM ' - - - - - ' - - - - ' - -MU R NJ -- � 0+00 1 CRAN 004 PLACE BBN HH # A GPS: 00 -J � - - - RM - - R/W - - - - - a I \ \ N 1- = (n LLI WALL END END WALL N S E W PL®FIBER 00' COIL COUNT PL 1144IFIBER 50' COIL N S E W COUNT TYPICAL ROAD CROSSING PROFILE VARIABLE' R/W PERMITS READ 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CONE CjALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED1-800-292-8489 BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY E I I e�� www.i0waonecall.com vat - CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY /DATE N/C 1150 1100 2 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Eill— nFr •a� NORTH PROJECT. CROSSROADS HUB WATERLOO,IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21 4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 1 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce SEE SHEET 1 TO MATCH SURVEY STA. 11+00 -;7111r '�� ii� FSq 26+56 ✓� _ CRAB 023 4," q'9 — R"" PLACE BBN HH # C — —R/W — —RAN ® NQ ww� Fn.� Fuw — —WI — R/W S — —ww — -RAN ,w GPS: ,� WALL END END WALL 0 \�M ° E SAN / / MARNAN N S E W PL 11441 FIBER 50' COUNT PL 11441 FIBER COIL 50' COIL N S E W COUNT O �'a 250' DR. _ i 0 O ��f A+fix g( / M ,s — 310' _ _ CO N Lo Fo° COF/°B° °� EACH ...\.. — _ —E SAN MARNAN DR. — _ COIL 320'- 50' EACH — Q >_ COIL 50' Ffd SIDE OF SPLICE •. Fio — y SIDE g OF SPLICE LLI /6 F/O FI Fl. > ... F/O 114'± _•••_ —F/O Fl. U0144 UD(1X1X1.25) F'O Fi0 F/O LL FIO F/ F/ F:O F/ �F/O F/ �. �— _F '/ SEE BUILD ON �... 19'± 25�± LL F/ /^ / /�Rryy PLAN SHEET 13 \...L. 3TM _4TM ww— 4T� c.n" — ww K.N,-sTn' _warRrov ' EffsE.� ww ,i ..._ ..._�...�...�..._ vJ 97 _..._. t ..- ■ _ _ S�, U R,yl,� R/yy_ !!! CAUTION ! ! ! \ NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN M ALAXANDRA DR. Q 2 RAN �" \ A111`r — IDENTIFIED NOR INDICATED. 0lplim— —ss ss� 13+33 ww — R/w— — P. PLACE BBN HH # B GPS: — —ww — a 00 O CO ' W WALL END END /e WALL W W N S E W PL L441 FIBER 50' ww oow w a a 1 J OOU1_2c0 Oct 00 •-1Q U o Z Z LL' — 0 H I-00 ULL W W W Ce W Q 0 XXXOwao00oaow- W W W O W H W W �00-0c0 a0 N N M M (1 N N } { } } { } } COUNT PL 11441 FIBER COIL 50' z o w 1 wLO = j02 S a J U W Q w UJ00' O < LL o LL Orn Z U 0 0 0— Z W W W LLUU O_ ~ 0 U' 0 Q Q. U X W W W E- a a a W N N N MM O W a' O a' O M W O { } { } + + + N N CO CO CO sr c / N / S E W COUNT 0 z / e / COIL m inco co / /\ s \ / _ o o w Zo U U Y= = a zW aa0) 00 Ua wQ wO W Z LL 0_ 7,0_ Z Q 21'2 0 0 UO 0 z zW W 05 ¢� ce ma0_ w U X XCD W 0U z a0 J LT 20 0 W Ww— Z Z_ J W b W QLLQ 0 W W QUQ Uw m W 0 0 W W X 0_ K QO 0 JJ� LU LL 0 0_ < 0- 0'u) Z Z W I—W I— I— O W w as oU I— a a X O w C 1- Q Q W U LL 1- M t+) M co w N N + + + + W + M V CO CO CO 0 + + CO N N 0 CO1 0) 0) 10 O (0 O O 0- + + } { + + + N N N N N N N N N N N sr CO 0- 0. CO 0) 0) c c TYPICAL ROAD CROSSING PROFILE 2 W W U) VARIABLE' R/W PERMITS READ 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CONE ,jALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY E 1-800-292-8489 I e�� I www.i0-292 all.com vct- CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1900 1700 5 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Eill— nFr•a.f NORTH PROJECT. CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 2 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce RIW R\" STM is N O R/W — —RIW — —R/W 3 \ — Q —N✓- RhN R —NJRAN— —RMl RAN RAN —RM/ — —R/W EET 2 TO MATCH SURVEY STA. 28+ EET 4 TO MATCH SURVEY STA. 43+ STel M STM • • 320' TM E SAN MARNAN DR. — 290' y a Q u, p ' F/O 1yyI1 F/O F/O F/O F/O F/O F/a F/ F/ F/ F/O F/O F/0 F/ �NETWONF1eER F/ INF/ COIL 50' EACH F/O F/O F/O F/O F/O F/O F/O F/O 0 F/O F/ F/O F'O 0 — "F woarc SIDE OF SPLICE F/O U0144 UD(1X1X1.25) FIO F/O F/ �/ p W • c c 2 1T :Lb �S`� c c _ `^ I M M M M 5 W F + � O 0 v) LU ALAXANDRA DR. 61,t ' 47'± 00u 58'± w LU ® W U) 11 S RW-- -- RAN_ RAN -�-- �RNv U7 J- R/W-- R/W-- RM— — RN— — — —y� —' 33+69 S PLACE BBN HH # D GPS: M I!! CAUTION !!! r )2, NOT ALL EXISTING UTILITY LINES 1 a WALL END END WALL THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. 2,' Z G) ' N SEE BUILD ON S PLAN SHEET 14 N S \ 1 W J O_ Q Z W mxz< 0 0 W 0 �xC�� U z 1— z �z0O 00 LT_ W W U i W W mce C 2 QX�U 00 H 0 co 1— UW H W W D) co 0- r` O c0 a) c0 D) W V c0 co co co CDMON + + + + + + + + + c0 a) O N N N N N N CO M MMM CO CO �\ Sc ` x x W U J Q to 0 ¢z=W 005Z OUmw W W Q� U 02�J W WI-0-0- .— CO r- 0)N + + + + CO CO CO CO CO MMM E W PL 11441 I 50' a J x J Y O J LL Z U 0x W } Z� M0- z �z w U U~ ~ JX co X W W W o 0- d- r + + + 7+r 10 CO CO CO COUNT PL 11441FIBER 50' COIL Q 0) 0 0 z =W W z WQ W0 N 0)0- a0 W + + In (0 CO CO TYPICAL E W COIL COUNT cc Q x Q J 0) 2 coJ 00 Z _ z a a Q M z z z 2 0xw= Ox IV U W z W W U J WQW W J W W 0 W W W coc0 O �tOO O + + + + + + CO 0) 0) Cr)N CO MMM V 7 ROAD CROSSING PROFILE VARIABLE' R/W PERMITS REQD 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CONE CjALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY GOLDEN FIELD SERVICES, INC.. RIGHT BY A REGISTERED PROFESSIONAL LINE SURVEY WAS ESTABLISHED BY OF WAY BOUNDARY MUST BE FIELD VERIFIED LAND SURVEYOR TO ACCURATELY VERIFY 1-800-292$989 I 811 www.iowaonecall.com I —drat— _ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY /DATE N/C 1600 1500 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll— ■i4 nFTWflfl NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 3 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce 90' O R/W - -RAN - -R/W R'N: R"N R/W R/W - -R/W - -R/W - -R/W �G RNJ A. 58+00 O 1+60 G 8 CO 71- GRAN 005 I!! CAUTION !I! PLACE BBN HH # F COIL 50' Q NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN GPS: HH, I— F/O BM53F 1+60 PLACE BBN 0 MATCH SURVEY S- IDENTIFIED NOR INDICATED. 7'± PLACE MARKER, COIL 50' MATCH SURVEY ST WALL END END WALL R"" R/W R/W R" J \ / \ N N IN S LL 1+37 EDGE OF ROAD E -------------- - E F V N 290' W PL 48 FIBER 50' COUNT PL IFIBER COIL 00' W COUNT COIL X 1+01 APPROX. LINE CROSSING o E SAN MARNAN DR. — COIL 50' EACH SIDE OF SPLICE = co O- O Z 180' Fl F/ Fl FI F: 0+35 EDGE OF ROAD F' F'O® F/0 F/ F/ F/ F/ © 0 F/O F/O 0,-F/0 F/0 LJ EE SHEET 3 F'O F' F/ FI E SHEET 5 T U0144 UD(1X1X1.25) G O 27'± G E 20'± 0 59'± 1 0 � RNJ o E RNJ R RM1N T R:w RAN R/W- - RNJ- R:\! R/W R/W - R/W- - RAN - - R/W - - W U) RANCn 0+00 PROPOSED BBN HH # E GPS: } W Z 0_ 54+21 I PLACE BBN HH # E GPS: W U) END WALL II I WALL END END WALL a w Y J J PL®FIBERCOUNTW z= Z = O= w O= 50' COIL z z z a z =Z 2 2 W o z0 U U w U 1 i- a 1- 1- U 1 0 W NJ W W Z W J X w J J O J w W H W W U W 30 0 c0 0 co m )[) 0 0 0 c0 O O + + + + + + + c+) CO . c 0 co 0) O 0) m.o. 0 . 7 co TYPICAL N S E w O= azaw0 W�7)ZK cj=�VOLL V 1- ZWLLJ O J U W 7 O + + coco In 4) ROAD CROSSING PROFILE = N 1 S E _I w U E �O W u, a U PL 11441 FIBER J 0 z¢ ¢ u) J O= w 50' COIL O=Waz0- 2 2 mz ICO�w LL LL LLm�V�=w LL - W W OW W w w LL 1- V C7 C7 U' U' QUQ QLL W Z W O 0 O J J� J O H H W W W W a a H W O 0) a) r) r- 0) N CO 70 0- 0 N M a LO0) + + + + + + + + + + c o coco co co .. 0 0 0 10 If) 1!) 1!) LO 10 LO LO LO 0) COUNT PL 11441 FIBER 50' COIL Z m a 0 o + Li') L0 N S E J J W 3 0 COUNT w w 0 0 w w z z 0 0 a a J J W w 1- 1- co 7 N O + + I- 0- Il) 1!) VARIABLE' R/W PERMITS REQD 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CJNE ,DALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 1-800-292-8989 811 www.iowaonecall.com I -drat- _ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY /DATE N/C 260 1600 1660 2 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll— ■i411:1 nFrmanK NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUBet WATERLOO, IA 50704 SHEET 4 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce - 1--- SS � i I I III III 11 I o7 - I I iw I' o - R/W �w - - - - - - — - -Rw_ iCD 00 10 < _ % SEE BUILD ON I LAN SHEET 12 I COfO s U) r i R.N ww W 1_� SEE BUILD ON : >- I PLAN SHEET 16 1ao'CC � E SAN MARNAN DR. — — i 180 —_ — E SAN MARNAN DR.— n —120' 0 0 F/O a i�—STM / ryo�a > ST.1 F/O F/O O F/O F/0 — — /_� I— \ F/O F/O 4. F/O U ■ vs r F/O F� 2 23,+ U0144 UD(1X1X1.25) —4 -RAW—+-— 1 �•` ■ O _ 0 _O FUVJ— �rve co R/w— RAN— RM1RM�—l� I �'— — RA N— — <C T O 7r W COIL SIDE 50' OF J EACH SPLICE I ® R/VV_ 69+27RNV— vj COIL 50' EACH PLACE BBN HH # H SIDE OF SPLICE Q7 GPS: .I G � F 1 m H CO = I III CAUTION !I! 1 W NOT ALL EXISTING UTILITY LINES WALL END END • WALL SEE BUILD ON I D ; W 2 W THRU THIS AREA MAY HAVE BEEN N PLAN SHEET 18 U N O W U7 61+19 PLACE BBN HH # G GPS: I I I p SEE BUILD ON PLAN SHEET 17 IDENTIFIED NOR INDICATED. S E W S �7 E �' W W W (1) WALL END END WALL I PL 11441 FIBCOUNT PL 11441 FIB 50' COILER 50' COILERCOUNT N S W PL11441FIBERCOUNT 50' PL11441FIBERCOUNT COIL 50' COIL N S I W J ¢ 0W LLZ 0 a¢LLz¢ W2Z(CC LT, v O i- LL V U W O J W OWHHW O 10 I- + + + O O O CO (o CO ¢0 U (L LL U Q LLQ w w 0 0) NM + + O O CO CO I= = z J J U J w a H Da�O 0 w Z w 0=�LL' m wmw W (n W ¢Q=Mazza LL 0 LL Z ct-ZCL- -=w Z ? Z ¢ LL U m� U U U W 0 0) 0 W O I- W W I- LL Z 0 LL CC LL w U U U U (QL ~ V w W w J 0 J J� J K X U w 0 w 0 W WLLLLWHWO H < H 0) (- 0) CO 0) (O N 0 I- 0 '+'O N NM V OJ 7 0- + + + + + + + + + + + O N CO CO CO CO CO (CO (o (o CO (o (o (o CO W I I I _ 1 I = ce w u0 U J ¢ W a00 0 ui W O w -LL% J= J J W Z Z o W x0 xa z =.wyzzaz¢ ¢ Z Z 00 00 ZZZ C9m Ow m Zeeg(22(2� Z re c7Cf Z Z_ 7)_C J U J W < moo- ¢ LL (_) Z Z 0 0 0 W- w 1 = W W I LL F- LL O W U LT W D D LL? W U U U LL U LL W M W LL U QQw co U W W W W O W W Uix Z LL' LL' CL J CC O ¢ J11: J 0 J 0 W K X W H H H 0)W H (/)0 0 0 0 E-W I-W 0 W H LL 00: I- WLL 0) CO 0 0 CO CO CO V 0) C• 01 0) C) 0 CO CO 0 a CO 0 CO 0- 0- M OO N (OO CD N NC) 7 10O CD CO(0 N.0) O 0-O)0) + + + + + + + + + + + + + + + + + + + + + + + + V 7 (0 (O (O 0- n CO 0) O) 0) 0) 0) 0) 0) 0 0 0 N N N N (o (o (o (o (o (o (o CO (o CO (o (o (o (o (o CO 0 N. 0- 0- (— 0- 0- 0- TYPICAL ROAD CROSSING PROFILE VARIABLE' R/W PERMITS READ 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CONE CjALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY g E 1-80a292-B489 1 e�� I www.i0waonecall.comvat- CITY OTHER • DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1700 1500 3 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ELL ■iin nrrmanr NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 5 OF I $ APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce + co �'. / �, Cr �� o z Q Rtiv- DR. — LU —E SAN MARNAN — — rI ------------- LO (� 120'- --- m 125' \ Flo Flo Flo �� Fro- U0144 U O(1X1X1.25) 2 C) Q Flb FIO FIB ` �� ',` is 81+87 —�� PLACE BBN HH # 1 Fio: �� GPS: 81+87 PLACE BBN HH, PLACE MARKER, COIL 100' / 14't !!! CAUTION !!! 81+94 P.I. RUNNING LINE\ NOT ALL EXISTING UTILITY LINES 16't WALL WALL 82+05 P.I. RUNNING LINE in W W W W \ CO CO I I N Z Z CO THRU THIS AREA MAY HAVE BEEN S o cG Z IDENTIFIED NOR INDICATED. / Q f- CO O srm I E N.Zo z Q r. 1 W \ = Z d Z Q 1 / PL 11441 FIBER N ca W = O' O 2 1 / 100' �O Q> C0 Qg g i _ O .* - 10't / I .m co cj ND] � I / \ \ \ I 2 I CO CO F //80' / 0 I 1 / 1 01 /f / N 82+22 FENCE CORNER S E W 82+64 P.I. RUNNING LINE COUNT COIL z SEE SHEET 7 TO MATCH SURVEY STA. 85+00 0 0 0 TYPICAL ROAD CROSSING PROFILE w 0 VARIABLE' R/W w w a co co co w p p w ¢ ¢ a ¢ 0 w _� __ ce 0 0_ 0_ 0_ w w x z Y Q z a a z< z z w w w w 1 z a a z a= 2 c7w•<g0OO 0(0 00 C7 00 > > > ¢ c7 wzc Ce w0I 7) Uz 2 E 00 OV • x O O O O O 0 z50 0 Uw z 60" MIN �mUv�w wLv 0 LT_ w w w w ce LL maw W u_ c0i uw I- �IYQ w QQ C7 0 QQ w o- (0 0 0 0 0 ¢ IY O 0 0 <zceciJ O�20 0K� 0 0 0 1— K 7 I - 0 0 K O I-X HUdW H W I- H W W W W 0) r 0(OW W I- 0(/)w NI- �7N n.0 0(0 0 cococoN 7 rn M.OM CO CO O)M n co0) 00� n I,- CO O O co O M n M ro n naD N OOa) + + + + + + + + + + + + + + + + + + + + + + + + + � � � � � � � � � n n m 0 00 a- a- nnnnnn nnn N. n n n n n n n wmm w ao PERMITS READ ®IOWA� DOT UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY CONE CALL,,, 1-800-292-8989 811 www.iowaonecall.com I -act- _ COUNTY ■ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY /DATE N/C 1300 1200 2 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll— ■i411:I nFTrunnr NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 6 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce O 0 + LfD !!! CAUTION !!! O 0 + O CO Q H LU NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. — _ x— Q >- III — —R/W RAN — —R/W — —RNV — —R/W R/W — —RAN —R/W — —RN — —R W RN — _ > N� —RAW — —RIW — RAN GSSGSSGSS GGSSweSSR/WGS c c D c w w w w fG D CO w w w w 80 _ TEXAS ST. 0 —80' FIO F/O F/O F/O 2 H F/ �F/ F/O F/G F/O F/O F/O F/O F/O F/O F/O F/O F/ 15'± / U0144 UD(1X1X1.25) —_ W� w,n, , —R, Q cQ C — J- —R/w —� RI—RANR/W R/w — —R— —R/W — —R/W — — ,„ RhN RAN- —RAN — —RAN a RAN 4� M 2 0 1- H _ [ —R/W —RAN GPO ®, — —RAN —RhN RAN fn CO LU W _ (.n — R/W RAN — —RAN — — . 'J 3 97+00 \ PLACE BBN HH # 2 GPS: W = U7 w w w (. WALL WALL w 0 N z m S 0 p E z W Z (7)0 O Z b PL I14+FIBER U J _1 100' U w U OU z Lu ccJ d CO W W I— U Z Z O Q J 2 `1 JU O O Q(n W U W 7 CO -(2 Z U COU 03 X oc X X C7 CO M co CKZ WW W �lwi wz wU KU0 UU 0� sazz I0a oo-gg 0I- m W 0< w Q QH0 0_0_ +LI,+ a m �� Fco - 0 o�`° 0 + + + + + + + + + + + + 10(0 ro ro N.N. rn M vvv co co w co co co ro 0 rnrnrn 0 N S E W COUNT COIL ®IOWA� PERMITS READ DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY C4NE CALL,. 1-800-292-8989 811 www.iowaonecall.com 1 -drat- _ COUNTY ■ CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY /DATE N/C 1600 1500 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll— ■i4111 nFTW0fl NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 7 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce 113+10 CROSSROADS HUB PLACE BBN HH # I GPS: !!! CAUTION !!! NOT ALL EXISTING UTILITY LINES WALL END END WALL O O + O O Q THRU THIS AREA MAY HAVE BEEN N IDENTIFIED NOR INDICATED. S E W PL 1144I FIBER 50' COIL COUNT PL 11441 FIBER 00' COIL N S E W COUNT r� I,/ ' wW —RNJ RNJ RAN RAN —RAM RAW S SS SS SS SS —R/w 15S —RNJ SS SS G SS G SS SSh SS SS SS SS wW—ti:SS _____RAN \_ G G G G G W G G G G GG G_ ST. _80, TEXAS — U) F/O F/O F/O F/O F/O F/O F/0 F/O F/O F/O F/ F/O F/Oc2w / U0144UD(1X1X1.25) Fio U H — w —ww — --ww - -ww /G G...„, _ \ 80'\ Q HRnv LLI Lu 1 U) LJJ LLI U) 4± �RJ�WW �R,y—/W e. r 000IL V \�� ww �� —ww kw W 0 z Z z U = 0 0 Z 0 LL H LL X L- W a co a 7 7 O o O _RW r 50' EACH w SIDE OF SPLICE CO \x O\ 3 \ `'�� R^"_ CROSSROADS --R,h,HUB CELL TOWER _ems _� �a/w_ x z- _a WL.", U-1 O cci o F -c z I y ce Z IY �} m� = W W Lu ce OO LL a a rn O M ®IOWA� PERMITS READ DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY C4NE CALL,. 1-800-292-8989 811 www.iowaonecall.com I -drat- _ COUNTY ■ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY /DATE N/C 1360 1310 1 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll— ■i411:1 nFTW flfl NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 8 OF I $ APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce SEE SHEET 10 TO MATCH SURVEY STA. 18+00 17+54 EDGE OF DRIVE 1 60 Q1-..-- 11't I I I LOCKE AVE. HOWARD AVE PLYMOUTH A\ e W, 0 17+0EDGE OF DRIVE 16+877 EDGE OF DRIVE R/W 16+45 TELEPHONE PEDESTAL _ _ \ /// W 3 16+43 EXISTING POWER POLE —R/W— —— — R/W\ } 16+27 EDGE OF DRIVE _ _ _ RAN R/W— 3 SS ss 66' p SS SS SS STMw I 16+15 EDGE OF DRIVE ss _ ss sTr 6 0 HH 0 PLACE BBN HH, SPLICE IN N SS SS SS ST� ST. W 1 + 6 ss so se OREGON STM �T—WM" i PLACE MARKER, COIL 50' SS I 66, TM STM TM w yy ssl� 1 yl w STM w w L ��w r UO48 UD(1X1X1.25) v — v RM— — w..— w..— 846' In ww— -- -- __ RNV 11,±2 COIL 100' HJVY — - pw— - 16+00 �p - ��HHII ww 01+67 12t °"v _ P.I. RUNNING LINE r 2+83 SIDEWALK L m 2 PLACE BBN HH # 2 GPS: a . TREE I \ CO2+77 2+67 P.I. RUNNING LINE 3 WALL WALL N 2+60 CURB INLET 2+30 EDGE OF DRIVE !!! CAUTION !!! N S N S I i 2+02 EDGE OF DRIVE NOT ALL EXISTING UTILITY LINES E THRU THIS AREA MAY HAVE BEEN 1+78 EXISTING POWER POLE IDENTIFIED NOR INDICATED. W E W 5 PL 48 FIBER COUNT 1+72 DOWN GUY 100' COIL �ui0 �Z I N 1- TYPICAL ROAD CROSSING PROFILE 0+00 W VARIABLE' R/W CRAM 019 PLACE BBN HH # J GPS. 66 I I � WALL END END WALL �. 60" MIN N N S E S E a `IBM53F p+00 PLACE BBN HH, SPLICE IN HH I - PLACE MARKER, COIL 50' W W i AMHERST AVE. ~ \ PL®FIBER COUNT PL®FIBER COUNT 00' COIL 50' COIL N ce cc cc cc Y w Lu Y co Y ¢ -1¢ ¢ 0 0 Ce ¢ cc U ct Et Et § i 0 2 i a a W cc W W cc 2 Y Z Y W Y Y Z nw > >� z = > > 0O z O0 2Q2¢22 0z O Z� ix �O ¢ (7 I- I- (7 IX L a 2 a UU<O51UU Z� a Z> o ocl-0 0 Z J J-- JZ o o i_ 0 > z okow U' z> o za 0 OZ > Z Z ¢¢ ZZ O 0 w x O a mx 0W W W _ 0 CO�� CO0 W W Z ~ ~ H2i i, K W a a a m w CO CO 0_ CO co n w (D a o ox W - CO WW Ce 0 0 ¢ x W x xax¢xx =� o a� W W W LL a_ 0 0U 0a w w 0 W W W¢ W U` W W d� W co N N N I-. O N (0 NM N u 0) 0 0) O (0 0) M h c0 N 0 CO 10 CO CO N O.I- I` r a) a) oo M M 0W Oa) 0,N y O N LC, 0ON- 0,W 0 + + + + + } + ++ ++ + + } -1. + + } + + + + + + + } } O N N NNNNNN (010 000 N N M 7 a (O (O CO CO CO r N. r N 0 - .- .-.- .- O aW oz Wm 0 oz WU V M a) +} .-.- (¢7(D¢ .- Z W 0 Xz2 OU2 KN CO a00 alrF ¢Utn M IO 0) a) + + N 0 - 'OWa PERMITS REQD UNDERGROUND FIELD OBSERVATIONS UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY ® ©IE CALL DOT COUNTY ■ RESPONSIBILITY UTILITIES DAMAGES TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. 1-800-292-8989 www.iowaonecail.com i -ace- CITY OTHER ■ POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY / DATE N/C 1950 1800 7 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll- ■5411:1 nFrlLanK NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 9 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce co `=: �z H COO i� — o CO CO } W —R/W R11l FWJ G G —RMl G —P.MI —Rlw RAN - —pNy G G —RAN —RIW G —F✓YJ G G G —q/W G G G G G ® w W W W W — CC w w W \W W ` / 60' E RIDGEWAY AVE. s Ss ss ss SS SS ss W1S STM—R� STM fn fY —60 ss p ss ss ss U ss —Ss ss p sus T 'STM I"TM ` - �nTMJ 1 SEE SHEET 9 TO MATCH SI T� - .,, ` U048 UD(1X1X1.25 — —ww �) — —wW —ww — — — "b —STM — .., a coO • ATM — • — R/W — —ww — —ww (Z7 G CO —I !!I STM^'^ CAUTION !!! *�4± COIL10012't t H I = NOT ALL EXISTING UTILITY LINES 29+17 PLACE BBN HH # 3 OI IDENTIFIED NOR INDICATED. m I THRU THIS AREA MAY HAVE BEEN GPS: H W WALL WALL W t N S E W PL 48 FIBER 100' N S E W COUNT COIL � Cr) W LU CO E ' I ' 2 cc W J W a W W W W W W W W o- W J W W a J Q J J J J J J J J -J O J Q J 51r 0 g O O O O O O O O r0 51 a co a a a a a a 0_ a a 0 a co a a co w K LLIw w IA CC K CO K cc cc K cc 0 W w w2' I 2' W 0 W Z Z J Z W K W W W W W W W W W W W W W W W W W W W W W W W a J W W W W W w W W W w ow a. w r J J J 2� W w > > > > �i > > > > > > 2i > > > > > > m W > > > > W r O w 0.,x00p z,000 Z 0 Z Ce re oZ Ce re 0 re C[0 re 0[ 0reCe 0 re re Ce 02 ce m Z OD -CD Zw0 �Z wO a Z a Z z 2 w Q w c Z a J- 0 O a Q 0 a CT) 0 D a D a a 0 0 a 0 a 0 m Q a W a 0 0 0 0 o Z a 0 a s 0' o OOZZLLJ 2 JLLZ0 U o o m LL LL 0co U. U. 0 U. U.0 LL LL C7LLLL 0 LL LLLL LL 0' U. U. 22,0u_LL LLLL OC7 LL LLD 0 Z a Z>—ZZ0 .ZOZZzw W Z= 0 0 Z= 0 0 ZZ 0 Oz 0 0 z00 Z 0 00 0 z0 0 ww 2?z0000 wxaz 0 0= i_ Z w NWaaW m amWa��0 0 U w w N0 w W N w WH w w HW W H w ww w HW w U 0 a'm1W W W W Owl- w WI CO CO J OCO OCOO Z Z r o o r 0 0 0 0(0 0 0 000 y 0 00 0 coo 0 Q< O C7 C7 U' (7 ZJ- U' C7 co X W X W-- 0 m r m 0- X 0 W W X < 0 0 X Q 0 0 X 0 0 0 X 0 0 X 0 0 X 0 0 0 0 X 0 0 J r X 0 0 0 0 w w X 0 0 D X W 1- w u o a w o o) 0 w a W 0 LL a W 0 W W W 0 W W W 0 W W W W W W W W W W W W W W W W a s CO 0 W W W W W LL r W W W LL CO W I- N rN V 0 -N 10Nr CO OO(O V 10 O O CO O Ln r NO W an r N CO CO 10 CD CO CO 0 0 CO N. nrOONr V 0.-(D 0- CO CO (O CO 0 CO 0r C') 10 CO CO N O C0000 0 V co co O 10 CO 7 O 0- 0- 10 F- 0- CO 10 N N CO N N V 10 CO NN 'R NN 710 (D (O o0 CO CO CO 77 N CO + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + CO CO 0) 0) 0 O 0 0) C. 0) 0 O 0 0 0 N N N CO 0) 0) CO V 7 V 10 10 CO CD 0 (O 0- 0- 0- N- CO (0 CO 0) 0) 0) 0 0 0) 0 0 0 0 0 N N ...... .-.-.-.- N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N (0M (0 CO COCO CO CO TYPICAL ROAD CROSSING PROFILE VARIABLE' R/W PERMITS READ 60" MIN elOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. C NB CALL, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 1-800-292-8989 811 www.iowaonecall.com I —act— _ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(72) HBF0(288) HBF0(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1600 1500 2 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll— :'I� nFrmanK NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 10 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce o CO Q >- in D I I I Z 0 0 I I I I I I ) ?- / iron ' — RNJ-- ----�-- R,w� ...... 1 —' rc — —e^^�— —— G �w c c w c w c w w= w 12'± W J s—� w w 70'° 42+47 PLACE BBN HH, — AVE to, UL 60' ss ss ss E RIDGEWAY ss s M ss sTM PLACE MARKER, COIL 100' SS �uTM STM STM STM In STM SS 70 STM SS 42+58 P.I. RUNNING LINE Q STM \G1 13\ 42+60 TRAFFIC SIGNAL / U048 UD(1X1X1.25) // p \ 42+73 P.I. RUNNING LINE `'\%\ O — — ww— - \ O- - RNJ m 0 RhN— — R'W— — ��, O 42+77 CABINET 0�"� H O —R w— 6'± RM 12'± !!! CAUTION !!! 9 t NO -0 < COIL 100' \ m I D0 42+77 ELECTRIC MANHOLE 42+82 EXISTING HH O W W 1Qw W NOT ALL EXISTING UTILITY LINES 30'± THRU THIS AREA MAY HAVE BEEN 7D IDENTIFIED NOR INDICATED.43+58 42+47 PLACEBBNHH#4} GPS: 43+55 TELEPHONE PEDESTAL STORM MANHOLE 44+13 PI. RUNNING LINE, MARKER 44+17 TRAFFIC SIGNAL W 44+26 ELECTRIC MANHOLE , > 44+32 EXISTING HH WALL WALL - 44+44 P.I. RUNNING LINE D 44+51 EDGE OF DRIVE N S E W PL 48 FIBER w 100' _ x a a a wa 2Y0_ Z W W J w p p J > w w W > W w W > W W >W Z ce 0 > > > > > > > 0 > =,a > < < z0- 0 00 w 0 00 z 0 ZZdw00 0 <0 w w0' J w w 0 0 0 ZWU' Jw w M Z 0 O Z Z 0 O Z 2 Z Z 0 Z Z O 0 �j H W W N 00 W W H W H D~ I— m W W f/) 00' 0)m 0 0 co_1fq co co 0 000 O. X 0 O X D 0 0 X W X — X X a 0 0 U W w W W 0 w W W I— w a w w(..mW w ON N In 4] V 0 cal O 0 <0�00,— CO 0) O V CO 0) N V) 0) M f0 0 NMM I- + + + + + + + + + + + + + + + + + M 7 )f) �[) (O h N.10 0) 0) M (") M MM M M M M M M V 77 VV 7 TYPICAL ROAD CROSSING PROFILE N S E W COUNT COIL w J Z r11 a 0 M + N 7 = U 1- Q O H W W W W CO VARIABLE' R/W PERMITS READ 60" MIN eiOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CONE CjALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY E 1-80a292-8989 I 8�1 www.iowaonecall.com vat — CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1300 1200 3 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll- ■i411:1 nFTW flfl NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 11 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce Q O -'- CY. ; i 1 Q 1 4_ U7 0SEE BUILD ON I U1 PLAN SHEET 5 — —RM1N _ "=RN/ 1— G RM' — —R/W R/W —RAN lll^ G G 4 G 3' vJ / ) STM \ G G G • G 0 G LU I 12 CC ss — 130'- — — D ss ss ss LAPORT RD. _ (/) STM TM ss w , w STM STM / STM STM 0 STM STM- 1 S AIM �,i.M U048 UD(1X1X1.25) -�' "' — 52+03 (69+27) 1g+ Fro — -�tR— ' • " - PROPOSED BBN HH # H Q c t�-Rrw _ _ ___RAN �i(� —F Fr 23 tSA F/O -9w ,• ,. ' .: RIW G RJJJ L.0 I illIPAII GPS: O o COf COIL 50' 4 nis 29'± SEE BUILD ON WALL END PLAN SHEET 18 N ()! 1(( CAUTIONNOT L~L.1 w 2 CO w w (i) ALL EXISTING UTILITY LINES I ' S THRU THIS AREA MAY HAVE BEEN ,^ , _ IDENTIFIED NOR INDICATED. (I W 1 - I PL®FIBER 50' z ct co w O Y 2 CC K CC 2 w 2 J _0 J 2 J J Fa m >zZJ> > z - H > >O z J z0 z0 E§o0_,E E z i z 2 E� �� 2 O �O O �a o 0 u, Z o 0 0 0 J L W 0 J J Z O LL a , O z- O I- LL j O O I- >- W O 0 0 I- z 1— W j I- w0 W O i_ W �WQwQ�cw7 cw7 0 w W 0o WW W o: W� UU� O J 2- 0 0 H J H 0 0 a J H - J D J 0 J o O W WHdW W u) W lL (/1 W W< WO a) G_ WW O W Wtl)V cN(n O O O) I� N r M1� MO O) O OM N.OM N N M M 1� O O co7 W co O cc, CO (D N 1. O O + + + + + + + + + + + + + + + + + + + + + + + 10 (() 9) 9) I() I() (() CO CO r- n co a0 co co O) O O O N N 7 V V V 7 7 V V 7 V 7 7 7 7 7 V in in Ls)(O N (O 1[) TYPICAL ROAD CROSSING PROFILE COUNT COIL VARIABLE' R/W PERMITS READ 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. C4NE CjALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY E 1-80a292-8989 1 e�� I www.iowaonecall.comvat— CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 753 703 2 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: ,-, n� nFTin Wflfl NORTH PROJECT. CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 12 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce CC m 0 a w.CO W 0- z L'jW W Q W 0 X 12 a 00 0 0CC w0UI<x 0 0 _,o-(nzOozzi 0 z CC D 00 0 �Z°a°Z°OW.Om Z 0— (0 co(7 C0 cou) Oz= x x o o Xxa¢xRg.5 (()0 UWo W W W W wWUo-W 0 '7.2 (0 E, PIOON } } + } + + + + + + 0 000 ,- M M M (00 `\\b \ PidO • \ SEE BUILD ON ` PLAN SHEET 2 0 w 0 0 z m1 D x U1 ¢x w U J`ui ZU1-w i_ - W (0 + + + G) (00 J CO + G) x Z Z J O J a Um i--c L.� CO U U Wo-a N + + Out 5+52 CRAB 003 PLACE BBN HH # K GPS: 0 2 \ \ ��� \ ' d !!! CAUTION !!! WALL END END WALL ` `L -1-1cP `-c, \, \\ ``LO _, �• i u_ N \ ` co 2 NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. \ I \ I COIL 50' LL M O'_ I Z 0 I- N S E W PL 48 FIBER 50' COIL COUNT PL® FIBER 00' N S E W COUNT COIL CO 1 R/W '' 14't RAN O O co 0 U048 UD(1X1X1.25) • 4011, ®� F/O F/ F/O FI / FI A ` Olj w FIBER RrvEDSTREAM F/o F 11 + O FIO F/O F/O ' F/ `\` F/O F/O FlO -F/ /// 140' \ W w \'w HAM MOND AVE. w G G 1 G G G G 0+00 (13+33) G 3 PROPOSED BBN HH # B ,—- -- -- - RN" GPS: 1 END WALL \ t PL®FIBER 50' N S / E / COUNTW/ COIL TYPICAL ROAD CROSSING PROFILE VARIABLE' R/W PERMITS READ 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CONE CjALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY E 1-800-292-8489 1 8�1 www.lowaonecall.com vat - CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1)(1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 652 552 2 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: �� nFr•a� NORTH PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 13 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK terloo, IA\BBN_Waterloo Crossroads \BBN_Waterloo, IA_US Cellular_Crossroads Hub.dwg, May 20, 2021, 4:06PM, BARRY COCHRANE RD\BBN—US Ce 0+07 EDGE OF ROAD 0+52 EDGE OF MEDIAN 0+57 PLACE BBN HH, SPLICE IN HH PLACE MARKER, COIL 50' 4 0+00 (33+69) PROPOSED BBN HH # D GPS: END WALL sy, N S E W PL®FIBER COUNT 50' COIL COIL 50' U048 UD (1X1X1.25) `, \'. 2 2 2 z b = J Z • 0_, Y H m • Ja11 5 z<n 0 K W C0 • 2y2I2 0- zI 2zW Z m J W U U wto WWw a J J U Q J (00 aJo-0)w1- o IO+n 0 N— 0 0 000 1+69 P.I. RUNNING LINE a1,21 „/ �� / / / /SEE BUILD ON PLAN SHEET 3 0+57 ,4S` CRAN 002 / PLACE BBN HH #M / GPS: N S E WALL END W END COIL 50' EACH ' SIDE OF SPLICE WALL PL 48 FIBER COUNT PL® FIBER COUNT 00' COIL 50' COIL N S E W / 16'± WALL 2+47 EDGE OF DRIVE ooJg0-J- wOJ LL (� 0» Z U oz=ce� z W2 WW cot Z cc 0 00- NN 0+58 PLACE BBN HH #L GPS: END N S E W END WALL V 7 5+03 TELEPHONE PEDESTAL 5+15 ELECTRIC MANHOLE 0+00 (0+58) PROPOSED BBN HH #L GPS: N N E E WALL END W W PL®FIBER COUNT PL 48 FIBER COUNT PL 48 FIBER COUNT 50' COIL F/O 50' COIL 50' COIL 10'± ss ss RAN —R U048 UD(1X1X1.25) RAN F/0 —RAN NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. W J 0 Q W Q W Z z>_ z>_ o- < to 0 9 0 Z U LLo LLo a Ft w LLW LLw w U I- W I— W H L.LJ co W 0 0 2 Q 4 6+60 ELECTRIC MANHOLE s SS FLAMMANG DR. — 7+76 CURB INLET RAN w WALL GPS: END 2 2 - W-4 UJ_ JO dU co 2 y 2 C7 mew 00 ce 9+87 g ' w PLACE BBN HH #N 0- 0_N- a o N S E W END WALL PL 48 FIBER COUNT PL® FIBER COUNT 50' COIL 50' COIL 0+00 PROPOSED BBN HH # N GPS: END WALL N S E W PL®FIBER COUNT 50' COIL COIL 50' EACH SIDE OF SPLICE ss ss N S E W WRY WALL N S E W u_ co 2 2 s. RNJ 5'± U048 UD (1X1X1.25) 90' COIL 50' FIG w \ F/0- 0+34 CRAN 22 PLACE BBN HH #O GPS: END END WALL N S E W PL®FIBER COUNT PL 48 FIBER COUNT 50' COIL 00' COIL 10+88 TELEPHONE PEDESTAL SEE SHEET 15 TO MATCH SURVEY STA. 11+00 IOWA NE )M 1-800-292-8989 j 811^ www.iowaonecall.com 0+10 EDGE OF ROAD 0+31 EDGE OF MEDIAN 0+34 PLACE BBN HH, SPLICE IN HH PLACE MARKER, COIL 50' PERMITS REQD DOT ❑ COUNTY ❑ CITY • OTHER ❑ POLE OR PED NO POLE N/C BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 UO144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) HO1 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY/DATE 1641 1191 4 4 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: DRAWN BY/DATE: GFS 5/18/21 ELL :Ir�EI nFTruanic NORTH APPROVED BY/DATE: SCALE: 1" = 100' CROSSROADS HUB WATERLOO, IA 50704 PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT WORK ORDER: 21-4013-01 PAR/COUNTY: BLACK HAWK PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB SHEET 14 OF 18 RD\BBN—US Ce 0 z a 0 1— co O W W W W 2 z o 0 0 d z w 0 � � HOw w ( O 0 w V)zz Z U w w ZXZO W O O Z= LL D o_ CO w? w w m Ce Cew 0 1-0 0 w v¢a1- 0co N V V CO 0 Cam') V + N N N + Wi+[) 1 \ 15+48 1b \ PLACE BBN HH # 5 LL GPS: 1 COIL 100' WALL WALL 0 p Q I— } W i Et \4 t N ' S N ` .i� E 8M � \ W 1PLMFIBER 100' eiso © 3 k� 5 i 1X� Z 9'± \-)P _QVp4SU0l�X / \GPS:16+48 N S E W 15+48 PLACE BBN HH, COUNT PLACE MARKER, COIL 50' COIL 15+63 EDGE OF ROAD 20+78 15+96 C/L MEDIAN GRAN 001 PLACE BBN HH # P16+59 EDGE OF ROAD EXIST INS HH srN �„ 16+51 TELEPHONE PEDESTAL N� (n =flw 16+64 FIRE HYDRANT WALL END END WALL ,_OOP 16+77 PARKING LOT U H \ N F�PMMP�Gp.u+� S _ ms �L E N S E 0 N 90' ei \ Q w p �ONF1BER \ \ PL 48 FIBER Fio , ----- NETWORK .,., 50' COIL COUNT PL®FIBER 00' w COUNT COIL FIO ` FIO _W_ ___ _ \ — RAN _W- r 3'W STM STM STM STM STM STM STM STM STM ®s W W U7 O SS SS SS SS Ss sry •\ No,. !!! CAUTION !!! \ W W in TYPICAL ROAD CROSSING PROFILE NOT ALL EXISTING UTILITY LINES 100' es* 18+71 CURB INLET THRU THIS AREA MAY HAVE BEEN N. IDENTIFIED NOR INDICATED. ss • s, \ \ 7 h- Nil* COIL 50' VARIABLE' RAW ♦• 20+34 PLACE BBN HH, N. 20+34 sry U048 UD PLACE MARKER, COIL 100' PLACE BBN HH # 6 w (1X1X1.25) 20+40 EDGE OF ROAD GPS: 12'± 20+72 EDGE OF ROAD �� {� SPLICE IN HH 3 20+78 PLACE BBN HH, COIL 50' _ 60"� MIN WALL PLACE MARKER, WALL COIL 100' \ N S E ` N S • E § y WPL48FIBERCOUNTW ` �. ,Zs �/ 100' COIL he \ 'OWA= PERMITS READ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY N 4 / C4iNE CALL,„ 1-800-292-8989 811 www.iowaonecall.com I v COUNTY . CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 1228 978 3 3 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: �� nFr•af NORTH PROJECT. CROSSROADS HUB WATERLOO,IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 15 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce 2 2 2 co co Z W W Y Y 2 O Y Y OJO J g O Q QQ J m BOLL O co U co ce x W LL W w x w w w J Z Z J W J m 1w W� m Q m] W W w J H Jww Z W ZW W>�> w U w W W W W Z J ZJF W J OO OcZ7�LLo LL xYOZ J2 2 m(DEFe' 0 �(7�QZQ�C72K m 2 wcew JQJC 00 co 0 W w > ZZ K mQLL�QU W 0?00 LL W?�2Q?00 LL 0 00ZQCtQ0 U 0 0 ZZ > < Z 0>J 0 > 0 Z JLL < LLUUI-Q Z_ mZ0>LL LLZ LL Li- 0 Z ZU 0> ZLL LL 0 LL ()LLO>0> LL LL W OO Z Y w E 0 LL' 0 Z Z O 0 0(=2 x •W C W W- 2 W O O co D O W m 0 LT- 2 W 0 W Ow co1— 0 W w W LL W 2 W OW 0W 0 a s W ce cc 2 K 2 W m W W W K 2 W 2 w u_ 0 U H U co Q UUIw HU Z U�UU' (o CALLW ��U' c7 (o 0 Z0 JI-W'(J w 0 0 JJ ¢ O _ Q'QK 0 ¢ 0 _ LL'C`I J c7QUJZ(o J— W 0 W O LL O J g X Q Q Q- 0 0 X 0- 0 0 0 0 W O W 0 J 0 0 W W ~ 0 0 0 Q 0 2Q wQ- Q2Q (n LL LL2iU W 2i W LL LL W U WH W U W (nU LLLL WLLm CO mLL W W W ULLHLLd W W m W LLW i- ci W W W W I-I- 0 (0 n O N NMn O(n 0 O nM WO c0 Mcp� N OM�N (D N VN(0 N W n N n CO NOM CO <VO CO CO O O N N N n 0) 0) 7 O 0 O N 'AlN M n N c0 O O O0 N CO N CO LC, O N (n O MO N cOnnaD co W (givcon coM n cocoW + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 0 0 0 N N N CO CO 7 V 7 V 7 7 O 0000 O 00,—,— .— (0MMM MMM M 7 (0 (0 CD(0(0(.0(0O N. CO a) 00 N— ,— N—N— •— N— N— N— CRAN 020 ' e ' PLACE BBN HH # Q C) GPS: Z I Z a i'. WALL END END CC WALL Q I N S E W PL®FIBER COUNT PL®FIBER N S E W LL COUNT _ _ ° _ —R " I I Z I CO ' w ' / 00' COIL 50' COIL .. w CD COIL 50' EACH / — • e E =1'± g SIDE OF SPLICE 1 25) , ��jaC� ' GRAN 4 EQUIPMENT ens 48 UO(1X1X �_ �� TO BE PLACED BY OTHERS ON 32'± _— _� I y_wit w•UO _ �' I SEE BUILD ON EXISTING ALLIANT ENERGY — PLAN SHEET 17 osso lir e POWER POLE #(924322L) o /i STM it 30'± fit a 3F '�� PRS SI. J` ®� s , ��� 110 is S&bps ® `� ,1lr�I'� __IN. � ww /!I — R/`" ` SrM g ww ! COIL 50' ® /�,// .Sir nrry srM —Wyy / SirNPO J RNy 8+ / W / I' 4., !!! CAUTION !!!PROPOSED BBN HH # G \s �'/ A �� // ' m " NOT ALL EXISTING UTILITY LINES GPS: / \�i� \60' \ 'N TYPICAL ROAD CROSSING PROFILE THRU THIS AREA MAY HAVE BEEN / �i CL AO END IDENTIFIED NOR INDICATED. I\/VARIABLE' WALL / RAWii 1 7� SEE BUILD ON N I ' PLAN SHEET 5 E s� /o — I W ' I �i �" / s 0 / II 60" MIN I PL 48 FIBER COUNT , 50' COIL wW / / i 0IOWA= PERMITS READ DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY C4NE CALL,. 1-800-292-8989 811 www.iowaonecall.com I —act— _ COUNTY ■ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY / DATE N/C 1590 1490 5 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll— aP�411:I nFrruanr NORTH ' 41 PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 16 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce 0 Z 2 C 0 2 Z O ce 1 J H m o W LLI 0 Cr) W 0 W J 0 Z O » 6 0_ J 2 W > > O_ LU n > 2 O (.7 2Y K fY 0_ Z 00wwzZ Z." 0 0 ZZUjo W o 0 0 Z p 02 Z m 0 0 w = 0 Z 0 0 J V CC W W M ee W 2= 0 O 2 W W Z I- w I m W 0 O OJ I- DODO_ W-OJJ 00 0 < O W X00 (00W m W W00¢I-o mao- mW W 0 o-I-W0W O CO N 0(0 CO CI) �,- (OM GOO) CO O Lc) co V.- c0 O c0 0(7 lf) In0 N- I,- CO 0,- l0 O In00 W 0) SEE BUILD ON + + + + + + + + + + + + + + + + + + + + PLAN SHEET 16 0 o O N N N N N N N N v v Tr Tr to In In In In > \ ` N 0 J 0 > 2 W 2Y 0 ZW 0 M 2 W 00 0 J_1 W O 0- 0 V l0 + + CO CO 6+56 PLACE BBN HH # 8 GPS: I' / \� \ / Qy ss \ WALL WALL d d,P / COIL 100' 6N' er 0+00 (61+19) fl PROPOSED BBN HH # G s ` GPS: N S E M W N S E W ■/ V) i COIL 50' • �S% / END WALL 316't m� PL 481010' COIL COUNT / / a e \ PL 48 FIBER 50' COIL S E COUNT D U048 U�w 6+65 EDGE OF ROAD (1X1X1.25) \� a �) 6+90 EDGE OF MEDIAN 6+96 STREET LIGHT �� 6+96 PLACE BBN HH, SPLICE N HH / '' m \ ' / COIL 50' / / SIDE OF SPLICE / , , i. ' \ ' ' �� SEE BUILD ON 100' ` , h e \§) - PQGJ / PLAN SHEET 5 es'''GPS: PLACE MARKER, COIL 50 EACH %. PLACE BBN HH # RGRAN 021 % \ Ogg �Q J 9 WALL \ END END WALL \ / \ GHQ / s iiii/ / \ COIL 100'/ E / W PL 48 FIBER / 2+83 50' COIL / ,,/PLACE BBN HH # 7 GPS: COUNT PL®FIBER 00' s E W COUNT COIL / WALL !! CAUTION !!! WALL / N S E W PL®FIBER 100' N S E W COUNT COIL NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN IDENTIFIED NOR INDICATED. TYPICAL ROAD CROSSING PROFILE VARIABLE' R/W PERMITS READ 60" MIN ®IOWA� DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. CONE CjALL,,, COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY E 1-80a292-B489 I e�� I www.i0waonecall.com vat - CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36" UH 24" x 36" ( ) UH (30" x 48") REVISE BY /DATE N/C 996 696 3 3 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: �� nFr•af NORTH PROJECT. CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 17 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK RD\BBN—US Ce I CD ' CRAN 006 ZQ ' PLACE BBN HH # S ' GPS: I .2 1 2 I WALL END END WALL I Q ' m' N S W 0 J+ E W — —ww PL®FIBER 50' COUNT PL®FIBER COIL 00' COIL 50' N S E W COUNT COIL - -RAN-anv 4 -c O STM - -F - - 17'±� BM53Fr5+49 PLACE BBN HH, SPLICE IN HH c c c PLACE MARKER, COIL 50' c 5+30 EDGE OF ROAD ' — 110' w w— LAPORT RD. w e w ow L1v M STM w STM STM STM ego ' STM ; STM 4+90 EDGE OF ROAD BM53F U048 UD(1X1X1.25) • Y. .. ..� /� O, • O <> 0 IO F/O 6—RhV FIO F/ SEE BUILD ON COIL50' PLAN SHEET 12 I a wis 29,+ 0+00 (69+27) �RIW T Rr— } —RNV L10'± 16'± J i PROPOSED BBN HH # H GPS: s END WALL !! CAUTION !!! TYPICAL ROAD CROSSING PROFILE ' PL®FIBER 50' i ' SEE BUILD ON \I PLAN SHEET Il I � I as VIAOS SN NOT ALL EXISTING UTILITY LINES THRU THIS AREA MAY HAVE BEEN E IDENTIFIED NOR INDICATED. W COUNT COIL 5 W w VARIABLE' R/W ce J J Q z w 0 0 2 ' m w O w w oC w ui dZJ= _1 Z-Iww QJ Z _ Z ZZ _ = W w WZ>> Z =,z 00 OZ a>apI_ Z-a za - 0-Qoo ? 60" MIN w wo?LLFLLo = 0 0 ZZg z = OWW(n = ZOCC V) W re W 0O d04W�w0awa wo u_cn w�ww 0 nnrnrn N o muTcono co 01 0 0 CV CI CO N My CO O In In in I+ + + + +++++ + +++ + + ++++ + 0 00000 0 M MM (")C') V ®IOWA= PERMITS READ DOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY CONE CALL,,, 1-800-292-8989 811 www.iowaonecall.com 1 v _ COUNTY ■ CITY OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(72) HBFO(288) HBFO(432) H01 WUH (24" x 36"(24" UH x 36" ) UH (30" x 48") REVISE BY /DATE N/C 649 549 2 1 STAKED BY/DATE: GOLDEN FIELD SERVICES (GFS) AS -BUILT POSTED: Hll- :ilia nFTruanr NORTH 4111101..PHONE: 1�� PROJECT: CROSSROADS HUB WATERLOO, IA 50704 TAX DISTRICT 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO ROUTE: CROSSROADS HUB DRAWN BY/DATE: GFS 5/18/21 WORK ORDER: 21-4013-01 CROSSROADS HUB WATERLOO, IA 50704 SHEET 18 OF 18 APPROVED BY/DATE: SCALE: 1" = 100' PAR/COUNTY: BLACK HAWK June 10, 2021, 9:01AM, BARRY COCHRANE 1.R°dl Naklodt, Rapids per• Lake Scarvllle• Sibley' 'Odrnyeda . 'Euherville • Milford a .MaNin Ringded.ii w6An. p ce, ores[ [ North bd Lime3 New Alba]' iai An ar1..: ioevllle.' C'ca'Lansing ManlygeDecera.1411 iryEtng Calmar "I. int.D -mu ��siouktamerPnmg�'4,goy% s+j}Cueew-.r.,end .' Marcus. -emhre •Leurerel (C�j Cherokee r ru.•RloenCd 'PecekeMaa form Lake imby °m, aka nBalrY Fonae- Clare. G , ... r —rest D°d '..... Eady Jolley 9 � � ,yam Y Claliwl, Eagle •£e I : r Memr. Betoo•�Plenfeld :om: .Pope) 35 }; n nariaaim u as•PosN�anfeti•OrangeCdy Rock:ter re•,rick •::Olson'S,Mar •Fay,,, •Elko •er IBYlon.: Tli• ,yp Mlenherg 'Hampton •Allmon .., e:yylp g _rig,: Sha' �I °fin •� atoll y pppingmn r. n-rbn, Luremhurg . Iowa Slls Ce Fells Dundee` Aahury, bug'''. Larloo BBN— US CELLULAR WATERLOO CENTRAL HUB WATERLOO IA 7 } ., Bra aen •. B Sac= .., +' " ' Anton �• .Inde�ende'' li.M.,, a rani .:.keys •a''� n - t Lelnl"` ! l ` (� Ida Gro - •C:, •"npe� :ke View Battle Creek• O ecol[• rcoudndi°n Beane oan Smrtnland •Lake thy .rmwf Ma ant Breda .Churdan p Scnle ._ Dam. .Freeer ,'�.,,rt Chsener Oak- _ •. „ : " .- :.. '1vrY C. � Eldora .Grundy Hubbard Union. Caaad Glednrodl' Tr;r Cle ohs rel&IIlttm 'Mier. ante Ryan• a •• HIS .Vkker rc •.: �: ...ensue Momirelh [j; • tarps 'antral•! Rn, •e ""n 'yam Anamosa .Ond°w+ } 3 J 6bn prs. uevilo•••'SK • i • -4 .•r •,• ' •1� r•in - _�. _ �„ �E'. (j �:3r�E'1 Golt �CLJrS C' _ Cedar: - -,� �. r . r ,d. a �� !'} nleon �axa .5°eer :ream •Ydl. ... :,, .Re .. m .axr°g ^� atlas Raplda Berid .B _ ;y 4_ � Glen - .Moo lne:: .'. uck Gmre C p ' ,Coon Re de 79 Ldde Sio itn Defiance • rile Perry d P llama. •ltirkrnan Aupuen - adrid. Anke ny I • ! •Meleourna C dpe Giman• �:r• Grinnel ..._ �,y;y asa. eke Noma Y• -+Bret-7om to hue die in ..... int. -No 'erty'TIPro - e •Hew Lo: .. l y .I ` ry�{ . _ .) IPAacl_ . .. 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PERMITS READ COUNTY ■ CITY ■ OTHER ■ RTTf tB'ae:k„Hotvk r Y 11 �+•] . 4$ •:'''`',.Coilrl.y Courthouse • a! =x _ +,.,{ �'' . µ J� h:ai:y•.t(F.'.'P.•ullf`J'_:1iICnLEA4P. r- `1, `' • )' :r t iJ .• •r: r. a:•� •: - r n —. - I , © ~�`` ,rJa J. ka a Gu• .e ' fie *'4' Martin eftONE i-aoa292-8989 www.3owaonecall.com I-:.,.�, Hope ,, • • n. !VI r-h +� f r. l i .. ='. _' „__ .y, }fir ~ -7r yrePr �'"GGs • 4. "rx I. !- v. wry + _._ _ - A? •y�'�ir f" � •e e s .�rl'JC' 1 �1 .] I�?Y !., ` r I)' !. 41� •,1 1419.s.j r• ak P JIP r II `;r. •••R Ir - 1 i •.'1----....—'y—,4 •If—ir 5,1�7•'FiJ?�f it i ,� r i. _ ' - .1 Zen,. vir. ,..- 1] _ Ri ver.:vl ev,< �+' r�,�, Ai. w ► +ems.•^•. �. }�^l.� ' _7 RLSCre01i011 µ r r , ''� _ �1 �' B-. . rm Area •"A a . 1 •n4 �:::i,.Il aai•' 1 �:kitr.hell kr}+RL I • „S yi-ry, �_1, r`.• - y i ti.dl.y. 0, rl POLE OR PED NO POLE BD3 C0432 (10M) BF048 UO6IEL U06IL U0241E U024 U0144 U0288 U0432 UD (1X1X1.25) TRACER WIRE BM53F BM53FTH BM73 BM21 1 25) (1.25)D BM2C HBFO(24) HBFO(72) HBFO(144) HBFO(288) WHBFO HO1 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N�C 9,325 8,225 17 11 TOTALS STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: n �7 g ^ 111 ,11 NORTH /\ PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB .n�riun'au WATERLOO CENTRAL HUB WATERLOO, IA 50702 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: 1" = 100' SHEET K1 OF 6 2021, 9,01AM, BARRY COCHRANE HH #1 HH #2 HH #3 HH #4 HH #5 SHEET 1 SHEET 2 SHEET 2 SHEET 3 SHEET 3 STA 0+00 STA 10+01 STA 21 +70 STA 25+28 STA 27+95 1,001' 1,169' 358' 267' W 948' SEE BELOW FOR U0144 U0144 U0144 U0144 U0144 CONTINUATION COLUMBIA AVE. _ FRANKLIN ST. - FRANKLIN ST. ST. HWY. 63 PARK RD. 1 > `° Lu Q Z O UIa Q 2 D O D cj } m 1 to HH #6 HH #7 HH #8 HH #9 HH #10 SHEET 3 SHEET 4 STA 37+43 STA 48+69 SHEET 5 STA 60+51 1 SHEET 6 STA 78+20 SHEET 6 STA 80+87 1,126' 1,182' 1,769' 267' W U0144 U0144 U0144 U0144 SYCAMORE ST. SYCAMORE ST. in Lu 01p 0 Q v cc >-a '1- u) D HH#A SHEET 4 STA 1 +38 E. 11th ST. w I ui POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) WHBFO HBFO(144) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: u ®LU_a�� -� ==Than, NORTH \ ) PROJECT: WATERLOO CENTRAL HUB WATERLOO,IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 1" = 100' WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: SHEET K2 OF 6 2021, 9:01AM, BARRY COCHRANE FIBER OPTIC CABLE LINES MNA BURIED BFO CONTACT INFORMATION: GENERAL NOTES: CABLE, llllll MNA CABLE, CONDUIT UO### IOWA ONE CALL 1. BURY MAINLINE CABLE MINIMUM DEPTH OF 36" UNLESS NOTED OTHERWISE. UD(1x2x1.5) 811 OR 800-292-8989 (800-292-8989) MNA CABLE, FIBER DROP BFO llllll 2. BURY SERVICE ENTRANCE CABLE MINIMUM DEPTH OF 18" UNLESS UTILITY LINES BLUEBIRD NETWORK LLC OTHERWISE NOTED. TELEPHONE, AERIAL T T T T T BRIAN ART 847-650-1348 (0) B B 3. GENERAL LOCATIONS OF UTILITIES ARE NOTED ON PRINTS. NOT ALL TELEPHONE, BURIED — —B ADDITIONAL R/W INFORMATION UTILITIES ARE SHOWN. CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL ',F0 FIBER OPTIC, AERIAL AFO AFO BLACK HAWK COUNTY, IOWA WEB MAP UTILITIES BEFORE DIGGING. FIBER OPTIC, BURIED — —BFO BFO BFO— — HTTPS://WW2.CO.BLACK-HAWK.IA.US 4. CONTACT IOWA ONE -CALL HOURS O CONSTRUCTION. TO ELECTRIC, AERIAL E E E RIGHT OF WAY DISCLAIMER REQUEST LOCATES, DIAL 81148 OR 800-292-8989PRIORT. BE BE BE RIGHT OF WAYS SHOWN FOR CITY AND STATE ARE ELECTRIC, BURIED GENERAL AND WERE SCALED FROM BLACK HAWK 5. LOCATION OF PROPOSED FIBER SHOULD BE AS CLOSE TO RIGHT-OF-WAY GAS, BURIED COUNTY GIS MAPPING. STATE RIGHT OF WAY LINE AS POSSIBLE. SANITARY SEWER —ss ss ss— — MARKERS ARE SHOWN ON THE DRAWINGS WHEN AVAILABLE IN THE FIELD. 6. NO HAND HOLES ARE TO BE LOCATED IN SIDEWALK RAMPS AT STORM DRAIN — —SD SD SD— — INTERSECTIONS. WATER, BURIED — —w w w— — FENCE X X X X X X X X X 7. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS. 8. REPAIR ALL YARDS, DRIVEWAYS AND RIGHT-OF-WAYS TO ORIGINAL OR GUARDRAIL BETTER CONDITION. STREAM, DITCH 9. MAINTAIN MINIMUM 12" SEPARATION FROM BURIED POWER. ROAD ROAD C/L AND NAME [STATE HVVY NAME] 10. CONTRACTOR TO PROVIDE GPS READINGS FOR HAND HOLES PLACED ON NAME] THIS PROJECT ON AS-BUILTS DRAWINGS. RAILROAD AND NAME [RR HT RIGHT-OF-WAYS, EASEMENTS R/W RAN R/W TYPICAL MATERIALS & DETAIL HAND HOLE NO SPLICE HAND HOLE (NO SPLICE) INFORMATION HAND HOLE (SPLICE) INFORMATION OF FIBER HANDHOLE & SPLICE HAND HOLE W/ SPLICE XXX+XX XXX+XX BM53 URIED FIBER HH # X HH # X NID W/ SPLICE WARNING SIGN GPS: GPS: . BD3 STAKE MOUNT PEDESTAL 40' BM60(1.25) --• - • STENCIL HH # ON BM60 (W/ LENGTH & SIZE) 1 1 FRONT OF PED 48 WALL WALL WALL END END WALL 40' BM61 N N N N BM61 (W/ LENGTH) 1 I S S S S BM53F E CABLE MKR W E E W W E PL UH 24" X 36" HAND HOLE W FLUSH W/ THE GROUND BM2C UTILITY MH ###IFIBER COUNT ###IFIBER COUNT I###IFIBER COUNT UNLESS NOTED OTHERWISE #6 BARE GROUND WIRE PL 100' COIL PL 50' COIL PL 50 COIL UTILITY METER 36 2Q UTILITY VALVE 1,4 /GROUND ROD CLAMP BM2C(5/8)(8) 5/8'X 8' GROUND ROD w POWER POLE ® UTILITIES NOTE W/ SPLICE ORGANIZER ORZER TRAY \� /TOP OF ROD 12" DEEP UTILITY PEDESTAL ® HBFO UTILITIES NOTE: BFO CATCH BASIN E CULVERT GENERAL LOCATIONS OF UTILITIES ARE BFO / \ NOTED ON PRINTS. NOT ALL UTILITIES ARE #6 INSULATED COPPER GROUND WIRES HYDRANT Mn CAUTION SIGN > CAUTION> SHOWN. CONTRACTOR IS RESPONSIBLE 6" LAYER PEA GRAVEL (2) TERM NATE & GROUND CONNECTOR BURIED GAS FOR LOCATING ALL UTILITIES BEFORE DIGGING. INSIDE PEDESTAL. BOND GROUND WIRE SEPARATELY TO EACH SHEATH POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: �7 �7 EMI - ■I�� rlFTWflflK NORTH - �� PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702 APPROVED BY/DATE: 1" = 100' SHEET L1 OF 6 PAR/COUNTY: BLACK HAWK June 10, 2021, 9:01AM, BARRY COCHRANE DETAIL A DETAIL B QUAZITE HAND HOLE QUAZITE HAND HOLE COVER NOT TO SCALE NOT TO SCALE 37 5/8" ea 33 7/8" OGD 1 /NNdea 35 5/8" 26" It00% 22 1/4" 24" PULL SLOT WITH CENTER PIN 2 PLACES LOGO � 1 1 CO L 1 QUAZITE LOGO L-� / ' 1 ,- -� N / 7 24" 1 TIER 22 APPLICATION: DRIVEWAY, PARKING LOT, AND OFF -ROADWAY APPLICATIONS SUBJECT TO OCCASIONAL NON -DELIBERATE HEAVY VEHICULAR TRAFFIC. VERTICAL DESIGN LOAD 22,500 LBS VERTICAL TEST LOAD 33,750 LBS LATERAL DESIGN LOAD 800 LBS/SQ FT LATERAL TEST LOAD 1,200 LBS/SQ FT POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U048 U0144 U0288 U0432 UD (1x1x1.25) UD (1x2x1.5) BM60 (1.25) BM72 BM73 BM21 BM53 BM2C BM2 (5/8)(8) HBFO(48) HBFO(144) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: ®n ��^ fi il NORTH PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB nr^rmanr WATERLOO CENTRAL HUB WATERLOO, IA 50702 PAR/COUNTY: BLACK HAWK APPROVED BY/DATE: 1" = 100' SHEET L2 OF 6 N- 0 0 cc w w Y 00 w 0 a z M m w w 2 W a J J a J J m I- Z W W Z K z W z J J Z W Ir W J J a W a' Kw W W W a w w a w W W W W W =U>0>= =0 To Q J>>0>>05. W >> >> > > C�Cz z0 ODO 0 U' CCWCCO(7(7 z CC CC C C zOp pawa�YaOY>2�ZOOw00)— W 00 00 00 0 0 m°LL I- LL2 J J2 JC7 LL ~D LL�Zw LL2LLLL Ha'a' J 0 LL LL LL LL LL LL wK0CWCO Z‹ w�?OWOOOZOOccOOW00? w 00 00 00 OW W0_Wa'OO LL'd HYO-ZWZW W W W W 0— C0 () W W w W W W W (70(70yw00W0000rc(7(7r-(7(70zZry z OO w C7 C7 C7 C7 ga0QpHp°Hlr°RacC000Hoo<00ct00p w OO CZ 00 00 aW aW00(7(na(n W mapwpawuJwwO-M20 UWLU 1- w w w w 00 N- 70 CO d-N COON LOCO W CO CO N CO O) CON- N 0 CO 000 Cn N N Cn CO OOO N N V V 7OONt0 CO O CrO fi rV NO D) 'I' OCOC.,N-ItON fON CO + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 0. O .. O O O O O O O CrN N N N N N CO ChM CO cr 7 V V \\\\ 0+00 0 C BBNHH#1 � \ CRAN 017 AT GPS: W >> C 0 LL 00 W (70 0 w CO + 10 W C 0 LL W 0 w M + I C] w 0 a K W W W �> > 02 C ap 0 0 LL LL ZO 0 Pw W w 00 0 w X0 0 ce w w w H CO N- CO h CO CO + + + + C O 0) I O CO 0-0 / POWER POLE WALL \ WALL 6 9 L � N \ E \ �!�. W COIL PLI144IFIBER 100' 10000IL 7tCC' N E W CABLE • 1-. 5 / 44 0-- 0 55PARKRD. P� — v• iH:i i-- 6+86 P.I. RUNNING LINE, PLACE MARKER U0144 ,� UD(1X1X1.25) , _ TYPICAL ROAD CROSSING PROFILE m 8 !!! CAUTION !!! 9 �\ilk, VARIABLE' R/W NOT ALL EXISTING UTILITY LINES THRU THIS AREA HAVE BEEN 9'± IDENTIFIED NOR INDICATED. 7+60 EXISTING POWER POLE 1 _A' 5' _� 60" I MIN N '� J SEE SHEET 2 TO MATCHSURVEYSTA. 8+00 ®10WA- PERMITS REQD IDOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 0E17 CALLS 1-800-292-8989 I 89 www.lowoonecall.com -Egrzt COUNTY ■ CITY ■ OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 900 800 3 1 STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: a �' 8FIE au WHIM NORTH PROJECT: WATERLOO CENTRAL HUB WATERLOO,IA 50702 TAX DISTRICT 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702 APPROVED BY/DATE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 1 OF 6 2021, 9:01AM, BARRY COCHRANE W w w W W w W J W w L Y ¢ Y W d 0. 0. 0 d d 0- CO 0. 0 < 0 wo w x o x o wx �� Z _�J J W W W W W w Ce W W W w w CC w W W W W W Q m p �H »w »2i w 2i > > w ¢ ?i > > aH 2i Z 2 =Z ( M 0 >wz0 ¢0 0 000 000 Ewaoo Y w o C w0Q oa HCO x Z= H ¢ J 7 J J o o Y w 0 0 11 0 Q Z (0 0 0 Z C W V m J CO o H oz2z �H z Li_Li_ Oaz ? 0 0 zz z z 0 0 =z›- 0 ?� 0 CO I— = w �w w W w w- 0 Y W Zm IrH cc W F- W W0 W W I- 0�H m W W HH w J H W w W Hx mw Y UHZm H 0 cc �c0w 0x 0 (D0z 00, zm9 IX C0 c9 coin m co U' C7 wu)w 0 ce¢ 0 mince ¢¢ H 0 D H X H H R 0 0 w O O X wax D 0 0 R R < R 0 0 w x r R p CC < x¢ D o m cn 00 cow coin w wwLL www Wow 0 w w ww a (9 w w w HWLL W 0H CO 0 W00 )n m co n n.- CO O) N CO MM MC0 Ln )n O,- CO 0 N t` L- CO N )n O W aaO O7, O Oc0 a a0 V N N CO r CO CON r Mr) Nc0 r O N c0 0) CO CO CO 0) )[) c0 N MV N 0))O O r1—aD 0) + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + O O ,-,-,-,- c M co ,-,-,- ,-,-,- ,- N )O ,- ,- )O ,-,- r ^,- co co m o o N NN N NN N N SEE SHEET 1 TO MATCH SURVEY STA. 8+00 \\\\ ", \\\10+01BBNHH#2GPS: 8+62 EXISTING POWER POLE `, • w. 8+74 EDGE OF DRIVE WALL > WALL N Q 3 0 S 21+70N N I S C.)BBN HH # 3 Q I GPS: j N N W W I W I- 9+29 EDGE OF DRIVE PL1144IFIBER CABLE 100' COIL WALL WALL II73 8+ 'I� A' 9+95 P.I. RUNNING LINE COIL 'II r 10'± �. ww o.• S i N W M PL�1441FIBER LLl N S M W 31 (CLL100'(y CABLE } W5 D 10+01 PLACE BBN HH, MARKER �r `� 9'± 100' COIL �� • !: �- m�� COIL m U0144 m U. _ -�LLL - UD(1X1X1.25)TM .u_ 4 �� 1 At -. ST. m FRANKLIN ST.—� BROADWAY I H sT- _ 11111.11111111111 ) _ _ 1; RAN —�. ei S J� -W R i Uj HI CAUTION !!! I [Li I Q Z LU 1 (n NOT ALL EXISTING UTILITY Q Y LINES THRU THIS AREA HAVE BEEN 43 IDENTIFIED NOR INDICATED. TYPICAL ROAD CROSSING PROFILE 0 0 0 I a 0 i 1 6 w VARIABLE' R/W ji 11 S ' 2 F- 60" MIN M ' PERM TS REQD UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. jOWA OE1�Jw ©ALL COUNT . FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE CONTRACTORS RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS AND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 1-800-292-8989 0 CITY OTHER ■ DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1600 1400 3 2 STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: ®L� FETWi7� NORTH PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT 816-361-8821 FAX:NE 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702 APPROVED BY/DATE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 2 OF 6 2021, 9:01AM, BARRY COCHRANE SEE SHEET 4 TO MATCH SURVEY STA. 40+00 J W W W W W W �O 0 O O w W O Jw co a s a a J a Q o w w WwWW w-W W w W a a W z W W W W W p W W W W W C zzz > > a3» I-3=> > 3 > > 3> > zz wz zWz I- > > > > W� CD(3< x x W OCCx 1O1K ce O 1 x x x WOW x <0 i_z C7 0cc C7 O x Ir Ir cc 0: C7 .xz 2 p p> app C7azp p a C7 C7 C7 x- _ ❑ ❑ a❑ ❑ xa U' 0 0 0 0 wzIYC7� m rn C7 LL LL p O U LL LL J U' m LL LL U' J J J O O z_ O O w z co-? O U O O J LL LL J z< _la UUzco LT u__ O OOxz_OO �z 0 O z_ H H U U 000z w O 0 0 0 Zz �>` LL LL W W z W H W W W U W W ~ W W W W W W W z LL m U LL LL U LL w W W W W m U W 2` ¢¢� 0 C9J�C7C9 a� C7 C7 m x x a O O �O O m�¢az� ¢z¢ a O O O O a aw 25+28 xxx ❑ ❑owx❑❑ �xg❑ 0 X 0 0 x❑ 0 ¢xa❑w awe x 0 0 0 0 ❑- I-I-w w w❑ www <nwaw W w CO cn U w w ww w UWHULLH HLLH w CO W W W W 0aaCOLL BBN HH # 4 v M D M M CO ,A1 y m n D N CD o CO M 0 n VCO N 0 n N M rn n CD I, - CO o n N I. u) 0 O � CO o o CO N aD O) O CO 0 n n V Cn N. CO Cfl (D N- N. CO CA 0) CD CO o n o l(7 CO CO LL') CO CO GPS: +++ + ++++ + + + + + + + ++ + ++++++ +++ + + + + + + ++ ++ L()0)tO cD nn N. nn n N. n 1,- CO W CO O O 0 N NNN N N N MMM a a s M Cn CO CO CO CO ' _ W „ N W 39+24 TREE 39+09 EDGE OF DRIVE 3g+g4EDGEOFDRIVE 38+84 F.O.C. MANHOLE NNN N N N N N N N N N N N N N N N CO M M M M M M M M M M M MMM M M M M M M CO CO CO CO 3 8 +8 2 GAS LINE NEAR WALL WALL , m N S E N S E 38+26 EDGE OF DRIVE W PLI1441FIBER 100' 25+28 PLACE BBN HH, MARKER W CABLE COIL COIL 100' (�I��J 3 £' �p GRAN 013 AT POWER POLE LL m 13't COIL 100' R c on s eA7 -- A - �- 12't COIL 100' 37+57 EDGE OF DRIVE 37+43 PLACE BBN HH, 25+14 EXISTING HANDHOLE B 1 03 15't 25+21 TRAFFIC SIGN ; _ � �M — " SST p Py R 25+09 TRAFFIC SIGNAL I ►'��� =Frei - . . — _ U0144 # _ _� AA/8 �a 37+33 CURBMARKINLET 25+10 BACK OF CURB - �'// I IF v O UD(1X1X1.25) # ." -, #2 ® ss ss m s ss ss U.S. 63 / E. 1st ST. ss ss ss 's S v ss 24+51 EDGE 0(DRIVE / l Z Ed- / : Y _ w � 24+41 ELECTRIC MANHOLE D Y — n �,�n r �vea rva �u 1 24+34 TRAFFIC SIGNAL 24+22 FIRE HYDRANT Q N 55 o N nm�� „�„ 24+12 CURB INLET 24+04 TRAFFIC SIGNAL t LL f 27+95 / BBN HH # 5 I- !!! CAUTION !!! ® 37+43 BBN HH # 6 23+80 F.O.C. MANHOLE se GPS: NOT ALL EXISTING UTILITY r j GPS: Et LINES THRU THIS AREA HAVE BEEN LU 23+74 BACK OF CURB WALL WALL m IDENTIFIED NOR INDICATED. LLJ N N - LU WALL WALL S W PL1144IFIBER 100' S W CABLE COIL J D 2 ` >. <<L 5 ` 3 < 0} CO N 2 S E W PL1144IFIBEOILABLE N S E W 22+76 BACK OF CUR: A: 5 /".-'- 8 ' 22+69 TRAFFIC SIGNAL ' y # 22+52 CABINET 4 22+47 CABINET 63 $ J' 22+18 CA ET Y N 1 1 < TYPICAL ROAD CROSSING PROFILE 8 SEE SHEET 2 TO MATCH SURVEY STA. 22+00 VARIABLE' R/W 60" MIN ' Oj��((jj�� PERMITS READ IDOT . UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. O� H @AL COUNTY ■ FIELD OBSERVATIONS BUT ARE NOT NECESSARILY EXACT. IT IS THE RESPONSIBILITY TO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF CONTRACTORS AND ANY AND ALL NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 1-800-292-8989 it www.iowaonecall. con,-�;;- .;- CITY ■ OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 2100 1800 4 3 STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: ®1g— 11-1 r: iJ En nETwnlK NORTH PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702 APPROVED BY/DATE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 3 OF 6 2021, 9:01AM, BARRY COCHRANE CO n X O wm JU ? K mUwU W W ZJ12w OWH Nr ('1M �Ma + + 0000 aaaa J = Z a U W W W + + W w Z z J V) < 0 0 1.-- + 0 a 0 0 m a 2 0 co + 0 a J J 20 W W = Z 2 W W Z J 2 a > a C7 w g w ❑ ❑ Zw Z z 0 00 IY zz z ZZ z i- m W W W 0w�m W J u) re 0 0 W W W ec w(o X Z ❑ ❑ CC J ce Z CCa W U W W 1— W HdU 1-0 coOcoID 0, N CO N 0a0 N. 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RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY ©1 CALL,., 1-800-292-8989 www.lowaonecalLcom 841 ��e COUNTY . CITY . OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1838 1638 1 2 STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: ®D-U r: iJ FIE T LIM WC NORTH /` PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702 APPROVED BY/DATE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 4 OF 6 2021, 9:01AM, BARRY COCHRANE W W H H H 2 2 W =�X7 J J❑N 0 U' ZH}U Z Z- W Y Ym W CC CC a 00(0LLH 00,-MM M M� + + + + O 0 0 fO O 00000 H Z 2 0 + fO Q Z LL LL 0 + 0 W J Z m 7I- O f-- + CO 0 H =� J H W W c) (A + CO 0 J J W w w QW W W Z W W 3 w Z> > 1- > W I- I- W, I- Q I- I- = wO ❑ U ❑J 2 2 wX2 2 2 Z 2 W U-' 0 LL LL J LL>J U a JJ U 0 U' �HC7 U' 0 OC7ZHC7 LT_ O 0 W U Z Z a' W Z H Z Z H Z- W LL W W W W W Y Y wWY 15 Y Y Ym W CC0 0 I- 0a a a- -<J a a 0< < Hw w 0) W a a (na W a a M 0Ucga N O 7 I'N O CO f-OLL-i 0) f- 0 CO V,-0 M LL') r 0) N r O OWN CO CO r 0) O C N + + + + + + + + + + + + + + + + + + CO CO CO CO h h 5- n CO CO CO CO CO CO CO O) 0) 0 0 0 0 0 00 O 0 O00 0 0 O 0 0000 W 1- LLI 2 Z Y N + O) w w W a 0_ Q IY W W Lill Z = > > w( z ❑ ❑a JN m ZU CO LL LLO LL W 0 O Z coLL 0 W wH 7X g o ox 0H a w W W .-M V Mfg 0 r O � + + + + + + 0 0 0 O MO (0 CO CO CO I J Z Z 0 Q ❑ Q 0 < a J IY 0 N 0 M y + + CO CO Z Z J wa W Z wX mw O)h 0 + 00 ' a1. w 0. 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COMPLETE REPAIR OF ANY AND ALL GOLDEN FIELD SERVICES, INC.. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY 1-800-292-8989 wr w.iow0onecall.com LEIOTHER �_,. ._, DAMAGE INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) BF024 BF048 BF0144 BF0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBFO(48) HBFO(24) HBFO(288) HBFO(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1600 1500 2 1 STAKED BY/DATE: J. WHITEKILLER AS -BUILT POSTED: ®13— al r: >:� iJ FIE T LIM WC NORTH /` PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.b!uebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702 APPROVED BY/DATE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 5 OF 6 2021, 9:01AM, BARRY COCHRANE W 0 O a IX W w K W Z W wQ �Q�w > > > > _ > > o ¢ Q=w z R Y O Z O Z Y 1-0 E 0: 0: C Z 1_w w O O O z ct H E E cc cc 0 YY,IY Q IYQ YYW Cl- 0 0 0 0 Q W O 0 �YY IX W Q W 0 0 O O LL Qa2LL u_ 2«J 0 LL LL LL LL 2Z LL LL w<a LL LL.c0 J LL LL LL LL O 33w0 202w3?i Z 0 0 0 0 2— 0 0 L.0 .0 O2w Z 0 0 0 0 WW W 0 O C7 0 WLUCO W w� 0)0 00(0 O 0 0 O w w 0 00 z 00000 ��o-o���� x 0 0 0 0 �D 0 0 �a90 o-w D 0 0 0 0 W (n co LL W co W co 0 co co (..1 W W W W W (n (..) W W 0. co (n W W CO LL 0 W W W W N N M �0 �0 W c0 a0 O CO CO 0 N “0 a0 O M N- O �0 CO 0 7 0 c0 to �p 0+ + + 1,:.) 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CAUTION !!! 3 8 in H LU 2 NOT ALL EXISTING UTILITY 78+20 LINES THRU THIS AREA HAVE BEEN BBN HH # 9 IDENTIFIED NOR INDICATED. GPS: w N W 2 CO TYPICAL ROAD CROSSING PROFILE WALL WALL LLI LU VARIABLE' R/W N S N S 07 H E W PL11441FIBER E W CABLE 60° MIN - _ 100' COIL •IOWA - PERMITS REQD IDOT ■ UNDERGROUND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE RECORDS AND ORS FIELD RESPONSIBILITY OTO FIELD LOCATE ALL UNDERGROUND OBSTRUCTIONS NS BUT ARE NOT NECESSARILY EXACT. IT IS THE OTAND UTILITIES PRIOR TO CONSTRUCTION. COMPLETE REPAIR OF ANY AND ALL RIGHT OF WAY LINES WERE ESTABLISHED BY RESEARCH OF PUBLIC INFORMATION. NO BOUNDARY SURVEY OR PROPERTY LINE SURVEY WAS ESTABLISHED BY GOLDEN FIELD SERVICES, INC. RIGHT OF WAY BOUNDARY MUST BE FIELD VERIFIED BY A REGISTERED PROFESSIONAL LAND SURVEYOR TO ACCURATELY VERIFY @NE CAu, 1-800.292$989 www.iowaonecal4com 8'1 -�,� COUNTY ■ CITY ■ OTHER DAMAGES INCURRED SHALL BE AT THE EXPENSE OF THE CONTRACTOR. RIGHT OF WAY AND PROPERTY LINES PRIOR TO CONSTRUCTION. POLE OR PED NO POLE BD3 C0432 (10M) 6E024 6E048 6E0144 6E0288 U024 U024 U0144 U0288 U0432 UD (1x1x1.25) TRACER WIRE BM60 (1.25) BM72 BM73 BM21 BM53F BM2C BM2 (5/8)(8) HBF0(48) HBF0(24) HBF0(288) HBF0(432) H01 WUH (24" x 36") UH (24" x 36") UH (30" x 48") REVISE BY / DATE N/C 1287 1087 4 2 BY/DATE: J. WHITEKILLER AS -BUILT POSTED: E13STAKED ®�� r: iJ n>Eruivafvtt NORTH /` PROJECT: WATERLOO CENTRAL HUB WATERLOO, IA 50702 TAX DISTRICT PHONE: 816-361-8821 FAX: 816-361-8848 www.bluebirdnetwork.com EXCHANGE: WATERLOO DRAWN BY/DATE: GFS 5/2021 WORK ORDER: 21-4013-01 ROUTE: WATERLOO CENTRAL HUB WATERLOO CENTRAL HUB WATERLOO, IA 50702 APPROVED BY/DATE: 1" = 100' PAR/COUNTY: BLACK HAWK SHEET 6 OF 6 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $88,000, in conjunction with the FY 2022 Center for the Arts Parking Improvements Project, Phase 2 (Art Block), Contract No. 1007, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description ❑ Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Type Backup Material Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $88,000, in conjunction with the FY 2022 Center for the Arts Parking Improvements Project, Phase 2 (Art Block), Contract No. 1007, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer Design and construction review services for the portion of the parking lot between the Art Block Building and the main entrance to the Center For The Arts. Page 683 of 764 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO, IOWA CENTER FOR THE ARTS PARKING IMPROVEMENTS, PHASE II FINAL DESIGN AND CONSTRUCTION -RELATED SERVICES PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring Page 684 of 764 AECOM Page 2 guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and Page 685 of 764 AECOM Page 3 property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non -renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of Eighty -Eight Thousand Dollars ($88,000.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of Page 686 of 764 AECOM Page 4 its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT Page 687 of 764 AECOM Page 5 shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. Page 688 of 764 AECOM (b) This Agreement shall be governed by the laws of the State of Iowa. Page 6 (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM Printed Name: Title: Date: Quentin Hart Printed Name: Douglas W. Schindel, P.E Mayor Title: Associate Vice President Date: June 3, 2021 Page 689 of 764 CITY OF WATERLOO, IOWA CENTER FOR THE ARTS PARKING IMPROVEMENTS, PHASE II FINAL DESIGN AND CONSTRUCTION -RELATED SERVICES EXHIBIT A A. Project Description The FY 2022 Center for the Arts Parking Improvements, Phase II (Art Block), City Contract No. 1007, includes reconstruction of a portion of the Center for the Arts parking lot between the main entrance and the Art Block Building to Cedar Street, and construction of a colored pavement pedestrian plaza area and new lighting. The project is anticipated to be constructed in the 2021 construction season. B. Scope of Services The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide final design and construction - related services for the project defined above. The Scope of Services is further defined as follows: Task 1 - Final Design. This task includes updating preliminary plans with changes made during construction of Phase III and the Art Block Building and preparing final construction documents in a format suitable for a City of Waterloo letting. Ritland+Kuiper Landscape Architects (RKLA) will assist with the landscaping and aesthetics design. Construction -Related Services (Tasks 2-18) The following tasks define the construction -related services for the project. RKLA will assist with work elements related to landscaping and aesthetics. Task 2. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 3. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Grading Stakes at 50-Foot Intervals b. Set Stakes for Drainage Structures c. Set Stakes at 25-Foot Intervals for Parking Lot, Sidewalk and Plaza Area d. Set Stakes for Light Poles Task 4. 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 5. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 6. Prepare bi-monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 7. Perform construction site visits by design personnel at appropriate stages of Page 690 of 764 construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 8. Prepare and assist the Client and Contractor in processing contract change orders. Task 9. 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 is estimated at an average of 20 hours/week for 16 weeks of construction. Task 10. Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as required by Iowa DNR and City of Waterloo. Task 11. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 12. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 13. Facilitate bi-weekly construction progress meetings of project and complete minutes for each meeting. Task 14. 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. 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. 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 17. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 18. Prepare and assist the Client with the final close-out documentation received from the Contractor. O:Wdministration\AGREE\PROF\WAT Center for the Arts Parking Ph II Final Des & CRS.doc Page 691 of 764 CITY OF WATERLOO Council Communication Resolution approving Memorandum of Agreement between the Federal Highway Administration, Iowa Historic Preservation Officer, City of Waterloo, Iowa Department of Transportation, and the Waterloo Historic Preservation Commission, regarding placement of the Park Avenue Bridge, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/26/2021 ATTACHMENTS: Description ❑ Park Ave Bridge_MOA SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Background Information: Type Backup Material Resolution approving Memorandum of Agreement between the Federal Highway Administration, Iowa Historic Preservation Officer, City of Waterloo, Iowa Department of Transportation, and the Waterloo Historic Preservation Commission, regarding placement of the Park Avenue Bridge, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer TBD G.O. Bonds Historic Preservation review requirement for Federal/State funding. See attached MOA. Page 692 of 764 MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL HIGHWAY ADMINSTRATION, THE IOWA STATE HISTORIC PRESERVATION OFFICER, THE CITY OF WATERLOO, THE IOWA DEPARTMENT OF TRANSPORTATION, AND THE WATERLOO HISTORIC PRESERVATION COMMISSION REGARDING REPLACEMENT OF THE PARK AVENUE BRIDGE (FHWA # 11831), BLACK HAWK COUNTY, IOWA; IOWA SHPO REVIEW AND COMPLIANCE NO. 20200807062 IOWA DOT PROJECT NO. BRM-CHBP-8155(771)--NB-07 WHEREAS, in accordance with Section 106 of the National Historic Preservation Act of 1966, 54 U.S.C. § 306108 (the Act), and its implementing regulations (36 CFR§ 800) the Federal Highway Administration (hereafter "FHWA") proposes to assist with replacement of the Park Avenue bridge (FHWA # 11831) in Waterloo, Black Hawk County, (hereafter "Undertaking"); and WHEREAS, the FHWA has defined the undertaking's area of potential effects (hereafter "APE") in Appendix A; and WHEREAS, the FHWA has received a funding request for the undertaking from the City of Waterloo (hereafter "City") and the City has chosen to enter into this Memorandum of Agreement (hereafter "MOA") to fulfill their project obligations; and WHEREAS, the FHWA and the City have sought the assistance of the Iowa Department of Transportation (hereafter "Department") and have requested them to join this MOA as an invited signatory: and WHEREAS, the FHWA has determined that this undertaking will have an adverse effect on the historic bridge FHWA # 11831 (07-13589) which has been determined eligible for listing on the National Register of Historic Places, and have consulted with the Iowa State Historic Preservation Officer (SHPO) pursuant to 36 CFR § 800, the regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108); and WHEREAS, in accordance with 36 CFR§ 800.2(c) the FHWA has identified and consulted with federally recognized tribes that may attach cultural or religious significance on Historic Properties (hereafter "Tribes") and the list of Tribes is set forth in Appendix B, and has invited the Tribes to sign this MOA as concurring parties; and WHEREAS, in accordance with 36 CFR§ 800.2(c) the FHWA has identified and consulted with "additional consulting parties" including the Waterloo Historic Preservation Commission (Waterloo HPC), and has invited the Waterloo HPC to sign this MOA as concurring party; and WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the FHWA has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii); an, WHEREAS, the FHWA has consulted with the University of Iowa Office of the State Archaeologist (OSA) Bioarchaeology Program, regarding the effects of the undertaking on historic properties and OSA has chosen not to participate; and NOW, THEREFORE, the FHWA, the SHPO, the City, the Iowa DOT and the Waterloo HPC agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effects of the undertaking on historic properties. Page 693 of 764 STIPULATIONS The City shall complete a series of moderate sized (approx. 3'x 3') interpretive panels (4-5) that will be placed along the river walk near the location of the Park Avenue bridge. One of the panel locations will include a commemorative girder segment of the bridge. Stakeholders will review and consult on panel content and locations. II. Marking the installation of the panels the City will offer a presentation to the public about the 1938 riveted deck plate girder bridge and accompanying historical research. This presentation is intended to be for the public and may consist of a presentation and then a question and answer session. The presentation will be made by a Secretary of the Interior (SOI) qualified historian (48 FR 44738-9). III. All historical research for this mitigation project will be completed by a Secretary of the Interior (SOI) qualified historian (48 FR 44738-9). All materials shall be prepared in consultation with stakeholders (the Iowa DOT, State Historic Preservation Officer, Waterloo HPC (so parties can review and provide comment); a 30-day comment period shall be provided. Historic themes to be addressed by the research may include but are not limited to 1930s transportation (highway and bridge) engineering and construction, Works Project Administration funded projects, downtown Waterloo, and any applicable social and labor history. IV. The Iowa Code protects all human burials in the state of Iowa. Ancient remains are protected under Chapter 263B, 523I.316(6), and 716.5 of the Iowa Code. The City and the Department shall ensure the Treatment of Human Remains procedures located in the 2018 Section 106 Programmatic Agreement for Federal Aid Highway Program in Iowa shall be followed upon the unlikely event of that human remains are discovered during construction. V. If post -review discoveries (architectural remains, archaeological features, artifacts, etc.) are identified (e.g. under pavement or structures), the City and the Department shall ensure the Post -Review Discoveries procedures located in the 2018 Section 106 Programmatic Agreement for Federal Aid Highway Program in Iowa shall be followed upon the unlikely event of that historic resources are discovered during construction. VI. Duration - This MOA will expire if its terms are not carried out within five (5) years from the date of its execution. Prior to such time, the FHWA may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with Stipulation VII below. VII. Monitoring and Reporting - Each year following the execution of the MOA, in January, until it expires or is terminated, the City shall provide all parties to this MOA a summary report detailing work undertaken pursuant to its terms. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in the FHW's efforts to carry out the terms of this MOA. VIII. Dispute Resolution - Should any signatory or concurring party to this MOA object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, the FHWA shall consult with such party to resolve the objection. If the FHWA determines that such objection cannot be resolved, the FHWA will: A. Forward all documentation relevant to the dispute, including the FHWA's proposed resolution, to the ACHP. The ACHP shall provide the FHWA with its advice on the resolution of the objection within thirty (30) days of receiving adequate Memorandum of Agreement R&C# 20200807062 FHWA # 11831 Black Hawk County, Iowa Page 694 of 764 documentation. Prior to reaching a final decision on the dispute, the FHWA shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories, and concurring parties, and provide them with a copy of this written response. The FWHA will then proceed according to its final decision. B. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, the FHWA may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the FHWA shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA, and provide them and the ACHP with a copy of such written response. C. The FHWA's responsibilities to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. IX. Amendments - This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP. X. Termination - If any signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation X above. If within thirty (30) days (or another time period agreed to by all signatories) an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories. Once the MOA is terminated, and prior to work continuing on the undertaking, the FHWA must either (a) execute a MOA pursuant to 36 CFR § 800.6 or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. The FHWA shall notify the signatories as to the course of action it will pursue. Memorandum of Agreement R&C# 20200807062 FHWA # 11831 Black Hawk County, Iowa Page 695 of 764 Execution of this MOA by the FHWA, the SHPO, the City, the Department and the Waterloo HPC and implementation of its terms is evidence that the FHWA has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment. This agreement is binding upon the signatories hereto not as individuals, but solely in their capacity as officials of their respective organizations and acknowledges proper action of each organization to enter into the same. MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL HIGHWAY ADMINSTRATION, THE IOWA STATE HISTORIC PRESERVATION OFFICER, THE CITY OF WATERLOO, AND THE IOWA DEPARTMENT OF TRANSPORTATION REGARDING REPLACEMENT OF THE PARK AVENUE BRIDGE (FHWA # 11831), BLACK HAWK COUNTY, IOWA; IOWA SHPO REVIEW AND COMPLIANCE NO. 20200807062 IOWA DOT PROJECT NO. BRM-CHBP-8155(771)--NB-07 SIGNATORY: FEDERAL HIGHWAY ADMINSTRATION — IOWA DIVISION (FHWA) Date: Mike LaPietra, Environment and Realty Manager SIGNATORY: IOWA STATE HISTORIC PRESERVATION OFFICER (SHPO) Date: Susan Kloewer, Deputy State Historic Preservation Officer SIGNATORY: CITY OF WATERLOO (City) Date: Quentin Hart, Mayor, City of Waterloo INVITED SIGNATORY: IOWA DEPARTMENT OF TRANSPORATION (Department) Date: Tamara Nicholson, P.E., Director, Location and Environment Bureau CONCURRING PARTY: WATERLOO HISTORIC PRESERVATION COMMISSION (Waterloo HPC) Date: Ed Otteson, Chair Memorandum of Agreement R&C# 20200807062 FHWA # 11831 Black Hawk County, Iowa Page 696 of 764 Appendix A Area of Potential Effects Memorandum of Agreement R&C# 20200807062 FHWA # 11831 Black Hawk County, Iowa Page 697 of 764 Execution of this MOA by the FHWA, the SHPO, the City, the Department and the Waterloo HPC and implementation of its terms is evidence that the FHWA has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment. This agreement is binding upon the signatories hereto not as individuals, but solely in their capacity as officials of their respective organizations and acknowledges proper action of each organization to enter into the same. MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL HIGHWAY ADMINSTRATION, THE IOWA STATE HISTORIC PRESERVATION OFFICER, THE CITY OF WATERLOO, AND THE IOWA DEPARTMENT OF TRANSPORTATION REGARDING REPLACEMENT OF THE PARK AVENUE BRIDGE (FHWA # 1183 I), BLACK HAWK COUNTY, IOWA; IOWA SHPO REVIEW AND COMPLIANCE NO. 20200807062 IOWA DOT PROJECT NO. BRM-CHBP-8155(771)--N13-07 SIGNATORY: FEDERAL HIGHWAY ADIv1INSTRATION — IOWA DIVISION (FHWA) Date: Mike LaPietra, Environment and Realty Manager SIGNA j$RY: IO}1VA STATE HISTORIC PRESERVATION OFFICER (SHPO) Date: 5 1 2_V 1 2� 1 an Kloewer, IState Historic Preservation Officer SIGNATORY: CITY OF WATERLOO (City) Date: Quentin Hart, Mayor, City of Waterloo INVITED SIGNATORY: IOWA DEPARTMENT OF TRANSPORATION (Department) Date: Tamara Nicholson, P.E., Director, Location and Environment Bureau CONCURRING PARTY: WATERLOO HISTORIC PRESERVATION COMMISSION (Waterloo HPC) Date: Ed Otteson, Chair Memorandum of Agreement R&C# 20200807062 FH\VA # 11831 Black Hawk County, Iowa Page 698 of 764 Appendix B List of Tribes/Nations Memorandum of Agreement R&C# 20200807062 FHWA # 11831 Black Hawk County, Iowa Page 699 of 764 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on April 16, 2019, in an amount not to exceed $25,239, in conjunction with the FY 2021 Upton Avenue and Carriage Hill Drive Stormwater Improvements Project, Contract No. 1010, and authorizing the Mayor to execute said document. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description ❑ Supp Agmnt #2 SUBJECT: Submitted by: Source of Funds: Background Information: Type Backup Material Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on April 16, 2019, in an amount not to exceed $25,239, in conjunction with the FY 2021 Upton Avenue and Carriage Hill Drive Stormwater Improvements Project, Contract No. 1010, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Storm Water Fee See attached agreement for Scope of Services. Page 700 of 764 SUPPLEMENTAL AGREEMENT NO. 2 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of April 16, 2019, for Consultant to provide services to the Client for the Upton Stormwater Detention Project, as follows: Scope of Services 1. Development of 4th Alternative (elimination of lower basin / berm enclosing upland drainage area) 2. Addition of Future Driveway Entrance for Church off Greenhill Rd. and Impacts to Upper Basin 3. Changes to Property Acquisition Maps 4. Analysis and Design of Manhole/Pipe/End Section for NorthStar Community Services Parking Lot 5. Figures - Site Access for Carriage Hill Project 6. Additional design submittals, reviews, meetings, and coordination with property owners 7. Reset the Bidding Services budget Time of Completion June 2021 Fees and Payments $25,239 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated April 16, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. STANLEY CONSULTANTS, INC. CITY OF WATERLOO By: Daniel R. Fullerton Client Service Manager Date: 06/08/2021 Attest: By: Wendy Diekema By: Date: Attest: By: 28760.02.00 Upton Stormwater Detention Design & Bidding Services - Supplemental Agreement No. 2 SC3881 1014 Page 701 of 764 CITY OF WATERLOO Council Communication Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/18/2021 ATTACHMENTS: Description Type ❑ Consolidated Public Safety Communications 28E Backup Material Agreement_CedarTownship Consolidated Public Safety Communications 28E Agreement_E astWaterlooTownship Consolidated Public Safety Communications 28E Agreement_ElkRunHeights SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Background Information: Backup Material Backup Material Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Pat Treloar, Fire Chief Approve Waterloo Fire Rescue is requesting approval of attached 28E Agreements. These agreements are for fire and emergency medical response with townships that surround the City of Waterloo. Revenue Line Item: 010-12-1400 3413: Township Protection Waterloo Fire Rescue has been in agreements with these entities to extend the jurisdiction of Waterloo Fire Rescue for fire and ambulance purposes and hazardous materials response by the Northeast Iowa Response Group for many years. The attached agreements include a three (3) percent increase effective July 1, 2021 through June 30, 2022. Page 702 of 764 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2022 (July 1, 2021 to June 30, 2022) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and Cedar Township. WHEREAS, Waterloo and Cedar Township are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, Cedar Township has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: the territory outside the Waterloo City limits consisting of Balsam Street, Juniper Drive, Oakridge Road and Rose Lane. THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to Cedar Township shall be $2,218.78 per year. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the County Ordinance. 4. The Waterloo Fire Officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: Page 703 of 764 a. This Agreement is for a period of one (1) year, from July 1, 2021, through June 30, 2022; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this day of , 2021. CITY OF WATERLOO, IOWA CEDAR TOWNSHIP By: By: Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk STATE OF IOWA SS. BLACK HAWK COUNTY Township Clerk On this day of , 2021, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 704 of 764 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2022 (July 1, 2021 to June 30, 2022) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and the Board of Trustees of East Waterloo Township (hereinafter referred to as "East Waterloo"). WHEREAS, Waterloo and East Waterloo are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, East Waterloo has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: All that part of East Waterloo lying outside the City Limits of the City of Waterloo, Iowa, known as East Waterloo Township. THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to East Waterloo shall be two thousand, one hundred and four dollars and twenty one cents ($2,167.34) per year. In addition, there will be a cost of two hundred dollars ($200.00) a call for the first hour or fraction thereof per Engine Company, from the time the engine company leaves its quarters until the engine company returns to its quarters. If more than one hours' time is consumed in responding to the call, the cost shall be One Hundred Dollars ($100.00) per hour or any fraction thereof after the first hour. An engine company shall mean one (I) piece of apparatus and crew. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the County Ordinance. 4. The Waterloo fire officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damage that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or Page 705 of 764 responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: a. This Agreement is for a period of one (1) year, from July 1, 2021, through June 30, 2022; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this day of , 2021. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY EAST WATERLOO TOWNSHIP, IOWA By: )ate Dale Cross, Township Trustee On this day of , 2021, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Mayor Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 706 of 764 28E AGREEMENT FIRE PROTECTION CONTRACT FISCAL YEAR 2022 (July 1, 2021 to June 30, 2022) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and the city of Elk Run Heights (hereinafter referred to as "Elk Run"). WHEREAS, Waterloo and Elk Run are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, Elk Run has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: City of Elk Run Heights, Iowa THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to Elk Run shall be approximately $35.35 per year, per capita, based on a population of one thousand, one hundred and seventeen (1,117) residents, for a total of $39,485.95 minus $.0.50 per capita for costs assessed by the County for membership in the Northeast Iowa Response Group. $39,485.95 minus $558.50 totals, thirty eight thousand, nine hundred twenty seven dollars and forty five cents ($38,927.45). This amount is to be paid on a quarterly basis by Elk Run Heights. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the City of Elk Run Heights Recovery Ordinance. 4. The Waterloo fire officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. Page 707 of 764 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: a. This Agreement is for a period of one (1) year, from July 1, 2021, through June 30, 2022; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this day of , 2021. CITY OF WATERLOO, IOWA CITY OF ELK RUN HEIGHTS, IOWA By: By: Quentin Hart, Mayor Kristy Lundy, Mayor ATTEST: Kelley Felchle City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY Julie Eastman City Clerk On this day of , 2021 before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 708 of 764 CITY OF WATERLOO Council Communication Resolution approving support for submission of State Revolving Fund Intended Use Plan for the FY 2021 CIP Pipelining Phase IVA2 Plan, Contract No. 1043, and authorizing the Mayor to execute said documents. City Council Meeting: 6/7/2021 Prepared: 5/18/2021 ATTACHMENTS: Description Type ❑ SRF Application Backup Material ❑ Memo to Waterloo Mayor and City Council Backup Material SUBJECT: Submitted by: Recommended Action: Resolution approving support for submission of State Revolving Fund Intended Use Plan for the FY 2021 CIP Pipelining Phase IVA2 Plan, Contract No. 1043, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor Recommend approval of Resolution supporting submittal of the FY2021 CIP Pipelining Phase IVA2 Contract No. 1043 Page 709 of 764 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION Application Packet Checklist Application Packet Instructions IUP Application Form Real Property Assurance Form SRF STATE REVOLVING FUND The application for inclusion on the Clean Water State Revolving Fund (CWSRF) IUP can be submitted only when the wastewater project is at the right stage of the construction permitting process. This packet outlines the requirements of the permitting process that must be met and includes the materials and information needed to complete the IUP application. Please use the checklist and instructions to make sure your application is complete before submitting it. APPLICATION PACKET CHECKLIST A. Construction Permitting Information -- To Be Completed by Applicant For DNR Use Applicant Name City of Waterloo 1. DNR Number (e.g. W2014-#### or S2014-####) S2016-0285 SUPPLEMENTAL FUNDS Yes ❑ No ❑ 2. DNR Project Manager Name Larry Bryant Yes Li No U 3. Project Identification: Collection System Improvements — CIPP Phase III Yes Li No ❑ 4. Project Initiation Meeting Held (date) 03/11/2016 Yes ❑ No 10 5. Flows and Loads Concurrence by DNR (date or N/A) If N/A, state reason: No Additional loads or flows added because of this Project. N/A Yes ❑ No ❑ 6. Wasteload Allocation Completed (date or N/A — see 5. above) N/A Yes ❑ No ❑ 7. Antidegradation Alternatives Analysis Required (if no, go to 8.) Yes U No Yes ❑ No ❑ 7a. Alternatives Analysis Approved by DNR (date or N/A) N\A Yes ❑ No ❑ 8. Three Copies of Certified Facility Plan Yes Yes ❑ No ❑ 8a. If Already Submitted (submitted date) Certification Date: 6/24/2016 5/25/2016 Yes U No ❑ 9. Iowa Construction Permit Application Schedule A Yes ® Yes ❑ No ❑ 10. Schedules F and G (if needed for the project) If N/A, state reason: Work is Maintenance to existing facilities Yes Li N/A . Yes ❑ No ❑ For DNR Use: The Applicant has followed the DNR Wastewater Construction Permitting Process and the project is eligible to be placed on the IUP pending review of the SRF information requirements. DNR Project Manager: Date: B. State Revolving Fund Information -- To Be Completed by Applicant For SRF Use 11. IUP Application Signed Yes 2 Yes No ❑ 12. DUNS Number Included (note: Form 4700-4 no longer required) Yes . Yes ❑ No ❑ 13. Property Assurance Form Signed Yes Yes ❑ No ❑ 14. SRF Environmental Review Checklist and Attachments Completed and Submitted Yes a Yes ❑ No U For SRF Use: The IUP application materials are complete. February 2015 DNR Form 542-1320 INVESTING IN IOWA'S WATER Page 710 of 764 SRF STATE REVOLVING FUND The application will be placed on the IUP (IUP Year), (IUP Quarter) with CWSRF Number C51920 DNR SRF Administrative Assistant: Date: CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION INSTRUCTIONS ITEMS 1— 9: Wastewater Permitting The Clean Water SRF Intended Use Plan Application will only be accepted when Items 1-9 have been completed through the Wastewater Construction Permitting Process of the DNR Wastewater Engineering Section. Please refer to the Wastewater Permitting Process Manual for detailed information on these steps. 1. DNR Number (e.g. W2014-#### or S2014-####): All wastewater construction projects are assigned unique numbers for tracking by DNR. A number beginning with W and the fiscal year indicates a Work Record. A number beginning with S and the fiscal year indicates a Project. 2. DNR Project Manager Name: A project manager from the DNR Wastewater Engineering Section is assigned to each project. 3. Project Identification: A brief description of the project is required in Design Schedule A, General Information. The project description must fall under the project scope established at the project initiation meeting. An accurate description is necessary because multiple construction contracts may have the same project numbers, 4. Project Initiation Meeting Held (date): A project initiation meeting must be held with the DNR, Owner, Consulting engineer (licensed professional engineer), and other parties. 5. Flows and Loads Concurrence by DNR (date): If flows and loadings will change due to the project, the DNR Project Manager must concur with the proposed design flows and loadings prior to preparing the Facility Plan. 6. Wasteload Allocation Completed (date): If a Wasteload Allocation is required for the project, it must be received by the Owner before preparing the Facility Plan. 7. Antidegradation Alternatives Analysis Required; 7a. Alternatives Analysis Approved by DNR (date): If an antidegradation alternatives analysis is required for the project, it must be approved by the DNR Project Manager before the Owner prepares the Facility Plan. If a Facility Plan is submitted prior to DNR approval of Antidegradation Alternatives Analysis, it will not be accepted for review. 8. Three Copies of Certified Facility Plan; 8a. If Already Submitted (date) and Certification Date: After completing all applicable planning steps as discussed above, the Facility Plan may be submitted to DNR. If three copies of February 2015 DNR Form 542-1320 INVESTING IN IOWA'S WATER Page 711 of 764 the Facility Plan have already been submitted, please note the date submitted and certified and do not send additional copies. 9. Iowa Construction Permit Application Schedule A: Design Schedule A must be certified by both the Owner and the Consulting engineer (licensed professional engineer). It is required for all wastewater projects. Schedule A must indicate that Clean Water SRF financing will be requested to be considered as part of this IUP application. SRF STATE 10. Schedules F and G (if needed for the project): Schedule G provides Wastewater Treatment Plant REVOLVING FUND project design information and Schedule F provides site information for treatment process site selection. ITEMS 11— 14: Clean Water SRF 11. IUP Application Signed: The Intended Use Plan application must be signed by the Owner's authorized representative. 12. DUNS Number Included: The Dun and Bradstreet Number (DUNS) was collected as part of EPA 4700-4 form. That form is no longer required for SRF applicants. If the Owner does not have a DUNS number, go to http://fedgov.dnb.com/webform to request one. While loan recipients no longer have to fill out the 4700-4 form, it is important to note that they are still required to comply with Title VI of the Civil Rights Act of 1964. Title VI provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 13. Property Assurance Form Signed: This form is required whether or not the Owner currently intends to purchase land using SRF funds. Land for siting treatment facilities is an eligible cost as of October 1, 2014. 14. SRF Environmental Review Checklist and Attachments Completed and Submitted: The ER checklist outlines the information needed to start the SRF ER Services. Supporting materials may be requested to document funding requests and system needs. Please include the following items with your application: • Three official copies of the Facility Plan (unless previously submitted) • Iowa Construction Permit Application Schedules A (and F and G where applicable). • Materials included in Exhibit 5: SRF Environmental Review Checklist • Real Property Assurance Form with authorized signature Application materials should be sent to: State Revolving Fund, c/o DNR Wastewater Engineering Section Iowa Department of Natural Resources 502 E. 9th Street Des Moines, IA 50319-0034 INVESTING IN IOWA'S WATER February 2015 VI WIN .inWa srfrom DNR Form 542-1320 Page 712 of 764 Quarterly Application Deadlines For More Information about the Clean Water SRF IUP Application, contact Patti Cale -Finnegan, 515- 725-0498 or patti.cafe-finnegan@dnr.iowa.gov. SRF STATE REVOLVING FUND INVESTING IN IOWA'S WATER February 2015 www.iowasrt.corn DNR Form 542-1320 Page 713 of 764 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION FORM This form may be used to apply for inclusion on the project priority list of the Clean Water SRF IUP at the time a complete Facility Plan is submitted. IUPs are developed on an annual basis with quarterly updates as needed. This form is not an application fora loan. SRF loan application materials may be obtained at www.lowaSRF.com. The loan application should not be completed until after bids are received. SRF STATE REVOLVING FUND Instructions: Complete the requested information in the following sections to the best of your ability. Please print or type the information on the form. If a particular item does not apply to your system, enter n/a for "not applicable." Attach supporting documentation as needed. Keep a copy of the completed application for your records, submit a copy to your engineer, and submit the original signed form to the following address: State Revolving Fund, c/o DNR Wastewater Engineering Section Iowa Department of Natural Resources 502 E. 9th Street Des Moines, IA 50319-0034 Section 1: Applicant and Consulting Engineer Information Applicant Name: City of Waterloo Mailing Address: 715 Mulberry Street City, State, Zip + 4 Waterloo, IA 50703 Authorized Representative: Quentin Hart Signature: Title: Mayor Telephone Number: 319-291-4301 E-mail: mavor@waterloo-ia.org DUNS Number: 058005404 Consulting Engineer: Christopher G Oelkers, PE Firm: AECOM Firm Address: 501 Sycamore Street, STE 222 City, State, Zip + 4 Waterloo, IA 50703 Telephone Number: 319-231-6531 E-mail: Christogher.oelkers@aecom.com NPDES Facility No.: 0790001 February 2015 DNR Form 542-1320 INVESTING IN IOWA'S WATER w;r. w.iov asr?.COM Page 714 of 764 Section 2: Project Schedule Anticipated final plans and specifications submittal date: May 2021 Anticipated construction start date: July 2021 Section 3: Brief Project Summary (Attach additional pages if necessa Describe the reasons or the needs for the proposed project: (i.e. specific water quality problem or system improvement) The city was issued a Consent Decree by the Environmental Protection Agency (EPA) and the State of Iowa due to Sanitary Sewer Overflows (SSOs) and sewer bypasses that the city has experienced. The overflows and bypasses are likely caused by inflow and infiltration which is caused, in part, by the deteriorated collection system. The sewer system in Waterloo is divided into service areas. Service Areas 15, 16 and 19 have been identified via sewer televising as the area's most in need of sewer rehabilitation. Furthermore, some sections of the sewer in various portions of the city have been identified to be not remediable via trenchless technologies that are typically used for sewer pipe rehabilitation. These areas require remedial actions that include excavating and repairing the pipe using traditional methods. Describe the scope of the proposed project: (i.e., specific solution to the water quality problem, or proposed system improvement) SUPPLEMENTAL FUNDS REQUEST TO COMPLETE THE ORIGINAL SCOPE OF WORK. 1. To rehabilitate sanitary sewers in Service Area 19. 2. To rehabilitate manholes that have deteriorated in Service Areas 19. Please see the attached map of the work area in SA 19. Various trenchless technologies were evaluated for rehabilitating sewers in Service Area 19. CIPP was determined to be the most suitable technology for this application. Manhole rehabilitation was also evaluated; and cementitious mortar topped with an epoxy liner was determined to be the most suitable method. The city has successfully used this method in the past to rehabilitate manholes. Which other funding programs are you considering to assist in completion of this project? Check all that apply: ❑ Community Development Block Grant (CDBG) ❑ Rural Development Grant and/or Loan ❑ Reserve Funds ❑ Other: Compliance Status ❑ Has been referred to the Iowa Attorney General ❑ Has received administrative order from DNR 111 Under compliance schedule in the NPDES permit 15 Other: City is under a consent decree by the EPA and the State of Iowa Section 4: Project Environmental Outcomes Primary Impacted Waterbody NHD Reach Code: Cedar River Designated Surface Water Uses (e.g. Al, BWW): Al, Class B (WW1), Class HH Project Will Contribute to Water Quality... (check one) Improvement M Maintenance Not Applicable Project Will Allow the System to... (check one) ▪ Achieve Compliance Li Maintain Compliance n Not Applicable Project Will Allow the System to Address...(check all that apply) ® Existing TMDL Projected TMDL ❑ Watershed Management Plan February 2015 Page 715 of 764 Section 5: Project Cost Cost Category Legal Expenses Estimated Total Cost in $ Land and Easements Engineering Planning Fees $ 20, 000 Engineering Design Fees Engineering Construction Fees Construction Equipment Other: Other: + $80,000 + $87,000 + $1,736,000 Contingencies PROJECT SUBTOTAL $1,923,000 + $200,000 Planning and design loan proceeds, if rolling into construction loan Less Any Funds Requested from Other Sources LOAN SUBTOTAL $2,123,000 1 Loan Initiation Fee (Loan Subtotal x .005) $10,615 TOTAL IUP REQUEST (Round to the nearest $1,000) Section 6: Consultants $2,133,700 Bond Counsel Firm: Ahlers Cooney Name of Contact Person: Kristin Billingsley Cooper Mailing Address: 100 Court Avenue, STE 600 City, State, and Zip: Des Moines, IA 50309-2231 Telephone Number: 515-246-0330 Email Address: kcooper@ahlerslaw.com Municipal Advisor Firm: Speer Financial, Inc. Name of Contact Person: Maggie J. Burger Mailing Address: 531 Commercial Street, STE 608 City, State, and Zip: Waterloo, IA 50701 Telephone Number: 319-291-2077 Email Address: mburger@speerfinancial.com Please provide these contacts if known at the time of application. The requirement to engage a Municipal (Financial) Advisor is new to SRF for projects starting in fiscal year 2015. February 2015 Page 716 of 764 project. Section 7: Acquisition of Property by SRF Applicants U.S. ENVIRONMENTAL PROTECTION AGENCY ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AS AMENDED The City of Waterloo (Applicant) hereby assures that it has authority under applicable State and local law to comply with Section 213 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894 (42 U.S.C. 4601) as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, Title IV of Public Law 100-17, 101 Stat. 246-256 (42 U.S.C. 4601 note) and 49 CFR 1.48(cc); and certifies, assures and agrees that, notwithstanding any other provision set forth in the application: 1. For projects resulting in the displacement of any person: a. It will adequately inform the public of the relocation payments and services which will be available as set forth in Subparts A, C, D and E of 49 CFR 24. b. It will provide fair and reasonable relocation payments to displaced persons as required by Subparts D and E of 49 CFR 24. c. It will provide a relocation assistance program for displaced persons offering services described in Subpart C of 49 CFR 24. d. Comparable replacement dwellings will be available pursuant to Subpart F of 49 CFR 24, or provided if necessary, a reasonable period in advance of the time any person is displaced. e. In acquiring real property, it will provide at least 90 days written notice to each lawful occupant of real property acquired, stating the date such occupant is required to move from a dwelling or to move his business or farm operation. 2. For projects resulting in the acquisition of real property: a. It will fully comply with the requirements of Subpart B of 49 CFR 24. b. It will adequately inform the public of the acquisition policies, requirements and payments which apply to the c. It will make every effort to acquire real property expeditiously through negotiation. d. Before the initiation of negotiations it will have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property, except as provided in 49 CFR 24.102(c)(2). e. Before the initiation of negotiations it will establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; and at the same time it will provide the owner a written statement of the basis for such amount in accordance with 49 CFR 24.102. f. Before requiring any owner to surrender possession of real property it will pay the agreed purchase price; or deposit with the court, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property; or pay the amount of the award of compensation in a condemnation proceeding for the property. February 2015 Page 717 of 764 g. If interest in real property is to be acquired by exercise of the power of eminent domain, it will institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property; and h. It will offer to acquire the entire property, if acquisition of only part of a property would leave its owner with an uneconomic remnant. References to 49 CFR are citations to Title 49, Code of Federal Regulations, Part 24, published in the Federal Register Vol. 54, No. 40, March 2, 1989. This document is hereby made part of and incorporated in any contract or agreement, or any supplements and amendments thereto, relating to the above -identified application and shall be deemed to supersede any provision therein to the extent that such provisions conflict with the assurances or agreements provided therein. City of Waterloo (Legal Name of Applicant) By (Signature of Authorized Representative) (Date) February 2015 Page 718 of 764 MITCHELL AVE" - PROPOSED SA19 „UDPP MENTAL FUNDING Page 719 of 764 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Brian Bowman, Operations Supervisor May 19, 2021 Memo to Waterloo Mayor and City Council: RE: Support Resolution, Submittal of Intended Use Plan to the Iowa Department of Natural Resources for continued CIPP work in Service Area 19 Background Discussion: The city was issued a Consent Decree by the Environmental Protection Agency (EPA) and the State of Iowa due to Sanitary Sewer Overflows (SSOs) and sewer bypasses that the city has experienced. The overflows and bypasses are likely caused by inflow and infiltration which is caused, in part, by the deteriorated collection system. The sewer system in Waterloo is divided into service areas. Service Areas 15, 16 and 19 have been identified via sewer televising as the area's most in need of sewer rehabilitation. Furthermore, some sections of the sewer in various portions of the city have been identified to be not remediable via trenchless technologies that are typically used for sewer pipe rehabilitation. These areas require remedial actions that include excavating and repairing the pipe using traditional methods. SUPPLEMENTAL FUNDS REQUEST TO COMPLETE THE ORIGINAL SERVICE AREA 19 SCOPE OF WORK. 1. To rehabilitate sanitary sewers in Service Area 19. 2. To rehabilitate manholes that have deteriorated in Service Areas 19. Please see the attached map of the work area in SA 19. Various trenchless technologies were evaluated for rehabilitating sewers in Service Area 19. CIPP was determined to be the most suitable technology for this application. Manhole rehabilitation was also evaluated; and cementitious mortar topped with an epoxy liner was determined to be the most suitable method. The city has successfully used this method in the past to rehabilitate manholes. Recommended Action: It is recommended that the City Council approve the resolution supporting submittal of the Service Area 19 CIPP Project to the Iowa Department of Natural Resources to be added to our Intended Use Plan for the Project. Page 720of764 CITY OF WATERLOO Council Communication An Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type ❑ Sewer Rate Increase July 1 2021 Council Comm Backup Material SUBJECT: Motion to receive, file and consider for the first time an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Summary Statement: The new sewer rental charge, effective with billing dates reflected below: Beginning July 1, 2021 Minimum monthly charge $17.75 (includes first 3 Ccf) Minimum quarterly charge 53.25 (Includes first 9 Ccf) Per Ccf over minimum monthly charge 2.84 (One CCF = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit) The average residential user cost will rise $1.80 per month, while the minimum quarterly charge will rise $3.00. These rates will remain about the seventh lowest of the 43 communities with populations greater than 10,000 in the state after applying these increases (and assuming other entities don't adopt rate increases). The rate will remain 3rd lowest of the largest eleven cities. As we have discussed in the past, the City needs to continue making substantial capital improvements to the sewer system. In order to maintain balanced budgets for the sewer fund, rate increases are required The City developed a collection system master plan to implement improvements required by the consent decree. In addition to those improvements, a large project is underway to make improvements to the plant biosolids treatment system. This increase should fund the debt service needed for projects currently planned to be financed over the next fiscal year. We are anticipating annual increases for the next several years to implement necessary improvements. Page 721 of 764 The rate increases will allow the city to comply with Clean Water regulations Policy Issue: and maintain a balanced sewer budget. Alternative: Background Information: If rates aren't increased and the improvements required by the US Environmental Protection Agency and the Iowa Department of Natural Resources are not made, the City won't be able to comply with the regulatory requirements and will likely be penalized with fines. Page 722 of 764 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: June 7, 2021 HART Prepared: May 25, 2021 Dept. Head Signature: Michelle C. Weidner COUNCIL Number of Attachments: 1 MEMBERS SUBJECT: Sewer Rate Increase MARGARET KLEIN Submitted by: Michelle C. Weidner, Chief Financial Officer Ward 1 JONATHAN Recommended City Council Action: I recommend that the Council adopt an GRIEDER ordinance change to City Ordinances, Chapter 3, Sewer Regulations, Section 8-3A-6 to Ward2 apply the following sewer rental charge, effective with billing dates beginning July 1, 2021: PATRICK Minimum monthly charge $17.75 (includes first 3 CCF) MORRISSEY Minimum quarterly charge $53.25 (includes first 9 CCF) Ward3 Per CCF over minimum monthly charge $ 2.84 One CCF = 100 cubic feet of metered water used or metered waste water JEROME discharge if provided in permit AMOS, JR. Ward4 Summary Statement: The average residential user cost will rise $1.80 per RAY month, while the minimum quarterly charge will rise $3.00. FEUSS Wards These rates will remain about the seventh lowest of the 43 communities with populations greater than 10,000 in the state after applying these increases (and assuming other SHARON entities haven't adopted rate increases recently). The rate will remain the 3rd lowest of the JUON largest eleven cities. At -Large RAVE As we have discussed in the past, the City needs to continue making substantial capital BOESEN improvements to the sewer system. In order to maintain balanced budgets for the sewer At -Large fund, rate increases are required The City developed a collection system master plan to implement improvements required by the consent decree. In addition to those improvements, a large project is underway to make improvements to the plant biosolids treatment system. This increase should fund the debt service needed for projects currently planned to be financed over the next fiscal year. We are anticipating annual increases for the next several years to implement necessary improvements. Expenditure Required: N/A Policy Issue: The rate increase will allow the city to continue the plan to comply with Clean Water regulations and maintain a balanced sewer budget. Alternative: If rates aren't increased and the improvements required by the US Environmental Protection Agency and the Iowa Department of Natural Resources are not made, the City will likely be penalized with fines WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 723 of 764 CITY OF WATERLOO Council Communication Certified List for the position of Sewer Maintenance Worker for the City of Waterloo, Iowa Public Works - Waste Management Services Department, as certified by the Civil Service Commission on April 30, 2021. City Council Meeting: 6/7/2021 Prepared: ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Sewer Maintenance Worker for the City of Waterloo, Iowa Public Works -Waste Management Services Department, as certified by the Civil Service Commission on April 30, 2021. Submitted by: Submitted By: Page 724 of 764 CITY OF WATERLOO Council Communication Certified List for the position of Member Services/Marketing Specialist for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on April 30, 2021. City Council Meeting: 6/7/2021 Prepared: ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Member Services/Marketing Specialist for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on April 30, 2021. Submitted by: Submitted By: Page 725 of 764 CITY OF WATERLOO Council Communication Certified List for the position of Facilities maintenance Plumber for the City of Waterloo, Iowa Building Inspections/Maintenance Department, as certified by the Civil Service Commission on April 30, 2021. City Council Meeting: 6/7/2021 Prepared: ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Facilities maintenance Plumber for the City of Waterloo, Iowa Building Inspections/Maintenance Department, as certified by the Civil Service Commission on April 30, 2021. Submitted by: Submitted By: Page 726 of 764 CITY OF WATERLOO Council Communication Board of Adjustment minutes of January 2021. City Council Meeting: 6/7/2021 Prepared: 5/13/2021 ATTACHMENTS: Description Type o minutes Backup Material SUBJECT: Board of Adjustment minutes of January 2021. Submitted by: Submitted By: Page 727 of 764 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON JANUARY 26, 2021 Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Jeri Thornsberry, April Leadley, John Chiles and Brad Condon. Absent Board members were: John Beckman. Staff in attendance Via Zoom Conferencing were: Chris Western, and Aric Schroeder. I. Approval of the January 26, 2021 agenda. It was moved by Chiles and seconded by Thornsberry to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on December 29, 2020. It was moved by, Thornsberry seconded by Chiles to approve the amended minutes of the December 29, 2021 Meeting to reflect that for the request by Steve Troskey on behalf of CGA Consultants for a Special Permit to allow multiple two-family residential structures on a single lot located north and east of 603 S. Hackett Road; that there is no "south" side of South Hackett Road and that there is no sidewalk on the south side of Maynard as was stated in the meeting minutes. Also, and as part of the approval of the subdivision, it was determined that it would not be necessary to require it on the south side of Maynard. Motion carried unanimously. III. Decision Items 1. Request by Eryn Hageman for a variance to allow for an 8' privacy fence in the required front yard in an "R-2" One and Two Family Residence District located at 718 Progress Avenue. Western gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. The fence does not appear to cause any site visibility issues for motorists traveling east on Crossway Drive or south on Progress Avenue. 3. The fence would not extend closer to the street than the existing home to the west does at 3913 Crossway Drive. 4. Staff has heard no objections to the request. Condon asked for clarification regarding fences on corner lots. Schroeder explained that the area between the house and Crossway is the narrow dimension street frontage and therefore is the required front yard and a fence cannot be taller than 4' in the required front yard. It was moved by Chiles, seconded by Thornsberry to approve the request by Eryn Hageman for a variance to allow for an 8' privacy fence in the required front yard in an "R-2" One and Two Family Residence District located at 718 Progress Avenue. Motion carried unanimously. IV. Discussion. Condon asked for clarification how long a sign can remain up after the business has closed. Western stated that there is a time limit for signs that advertise a business that is permanently closed. Condon stated that the sign he is concerned about is the former Prestige Cleaners sign. Western went on to say that there is a new development planned for the site therefore the sign would either be reused or removed. Page 728 of 764 BOARD OF ADJUSTMENT January 26, 2021 V. Adjournment It was moved by Leadley, seconded by Chiles to adjourn the meeting at 4:24 p.m. Motion carried unanimously. Sincerely, CikrL4, N W. W ey(-e rw Christopher W. Wetern Planner II 2 Page 729 of 764 CITY OF WATERLOO Council Communication Board of Adjustment minutes of February 2021. City Council Meeting: 6/7/2021 Prepared: 5/13/2021 ATTACHMENTS: Description Type o minutes Backup Material SUBJECT: Board of Adjustment minutes of February 2021. Submitted by: Submitted By: Page 730 of 764 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON FEBRURARY 23, 2021 VIA ZOOM CONFERENCING Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Jeri Thornsberry, John Beckman, John Chiles April Leadley and Brad Condon. Staff in attendance via Zoom conferencing were: Chris Western, Aric Schroeder, Noel Anderson and Jaimie Knutson. I. Approval of the February 23, 2021 agenda. It was moved by Thornsberry and seconded by Chiles to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on January 26, 2021. It was moved by Beckman, seconded by Chiles to approve the minutes of the January 26, 2021 Meeting with the correction that Leadley moved and Chiles seconded to adjourn the meeting. Motion carried unanimously. III. Decision Items 1. Request by Patrice Keti for a Special Permit to allow for a religious facility to be located at 722 Water Street in a "C-3" Central Business District. Western gave staff report that recommended approval of the request for the following reasons: 1. The request would appear compatible with surrounding uses. 2. The request would appear to have sufficient parking available, due to on -site, on -street, and nearby facilities. It is also primarily operated when other uses are not at peak parking usage. 3. The request would meet goals and strategies of the City of Waterloo Comprehensive Plan for mixed use development, economic vitality of the Central Business District, and strengthen the development and vitality of riverfront and historic properties. With the following conditions: 1. That the final site plan and floor plan meets all applicable city codes, regulations, etc., including building codes and fire codes and an Architectural review. Chiles asked if there was anything changing with the request as it seems like we are simply approving something that already exists. Western explained that the church has submitted a letter stating the church has been in existence since 2014 and suggested that the board have the applicant explain. Beckman asked for clarification as to whether the church has been in the area or the building since 2014.The applicant explained that the church was started in 2014 in a church on Broadway but left there and moved into 722 Water Street in 2015. Beckman asked who is responsible for applying for the special permit; the property owner or the tenant. Western explained that the tenant is required to apply for the special permit. Jerry asked if all churches are required to submit applications for special permits. Western stated that the zoning ordinance requires a special permit for churches, schools, city governments and any other government entities. Beckman asked if there was any contact with the owner of the building and that the board was recently asked to review a similar request where the tenant was not made aware that a special permit was required prior to renting the space and that the board is now being asked again to review two more churches at 722 Water Street. Western stated that the planning staff has not contacted the building owner, but that the rental inspector Barry Stratton has issued several notices of violation for a residential apartment located on the 2nd floor and there is some question as to whether there are other building code violations throughout the building. Thornsberry asked Beckman for understanding of why the questions of who should be responsible for applying for the special permit and whether staff has been in contact with the property owner. Beckman explained that the board had conversations regarding the building owner of 525 West 5th Page 731 of 764 BOARD OF ADJUSTMENT February 23, 2020 Street who did not inform the church that a special permit was needed to establish a church before renting space in the building and we are again having to review another church that already exists in a rented space where the property owner did not inform them that a special permit was required before renting space from them. Condon asked for explanation as to why the special permit is needed to establish a religious facility and that it seems unfair. Western stated that the ordinance requires special permits for schools and government entities as well and that schools, religious facilities and government entities have a tendency to generate heavy traffic at times and have minimum parking requirements that need to be met as required by the zoning ordinance. Western went on to explain that all of the new schools that have been built over the years were all required go through the special permit process. Also, that churches and schools are permitted in residentially zoned districts were there could be a negative impact on traffic and parking conditions in the area. Schroeder reiterates Western's explanation stating that special permit uses are uses that are allowed in many zoning districts sometimes all districts but they are not automatically permitted because they have a tendency to have a significant impact on an area, but the ordinance does not single out religious facilities. Also, one could question why other uses that are considered similar uses aren't required to obtain a special permit. The intent was to group similar uses such as religious facilities, schools and government facilities together and are all listed as special permit uses because they can all be located in residential districts, which can have a significant impact on the area. This particular request is in a "C-3" Central Business District which is uncommon however, it still needs a special permit to allow for a review of the parking, traffic etc. The applicant asked if the special permit would apply to the entire building and include both churches or just for their church. Schroeder stated that the Planning and Zoning Commission's recommendation was for the approval of the applicant's church space only and that it would be up to the board as to how they want to approve it. Beckman recommended that if the request is approved, that the approval be for this applicant and the other church would need to apply for their own special permit; the board members agreed that a vote of approval would only apply for the current applicant. It was moved by Thornsberry, seconded by Chiles to approve the request by Request by Patrice Keti for a Special Permit to allow for a religious facility to be located at 722 Water Street in a "C-3" Central Business District be approved for the reasons noted in the staff report, subject to the condition that that the final site plan andfloorplan meets all applicable city codes, regulations, etc., including building codes and fire codes and an Architectural review. Motion carried unanimously. 2 . Request by Shirley Sommerfelt for a variance to the hard surfacing requirement to allow for the parking of vehicles on a non -hard surfaced lot and a temporary variance to allow for the parking of sales vehicles on a non- hard surfaced satellite lot for a period of 2 months zoned "M-1" Light Industrial District, located at 351 Thorson Avenue. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the surrounding neighborhood. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. Condon asked if all of the sheds on the property were under 120 square feet, would a building permit have been required. Western stated that no they would not have needed a building permit. Chiles asked for clarification on whether there was a complaint filed against the applicant as the staff report stated that there were no complaints in one section and that there was a compliant listed in another section of the staff report. Western explained that the applicant hadn't received a complaint from surrounding property owners but recently rented space to a used car company to park cars on the vacant lot to the north of the applicant's home. The cars caught the attention of the Code 2 Page 732 of 764 BOARD OF ADJUSTMENT February 23, 2020 Enforcement Department who has been dealing with the car company on numerous violations for parking cars on non -hard surfaced lots throughout the city. While investigating the cars it was discovered that the applicant has trailers, campers and buses parked on non -hard surfaced land as well and was subsequently given a notice of violation for both the cars owned by the car company and for vehicles, trailers and campers owned by the applicant as well. Chiles asked if the request was to approve a two month extension on the dealer's cars as well as the applicant's vehicles. Western explained that the applicant is committed to having the car dealer remove the cars but is asking for a two month temporary variance to allow for the snow to melt and the lot to dry out and a permeant variance to the hard surfacing requirement to allow the applicants trailers, buses and campers to remain parked on grass. Chiles asked if the dealer's cars could remain on the property if the permanent variance is approved. Western stated that the dealer cars would have to be moved because the site is not an approved site for a dealership or satellite lot and is not hard surfaced. Thornsberry asked if more time should be given to allow for the removal of the cars to avoid damage to the property due to the soil being wet. Western agreed stating that in two months it still maybe too wet to safely remove the cars without creating ruts on the lot and that the applicant has done very well maintaining the property over the years and moving the cars too soon could cause problems for the applicant. Thornsberry suggested that the temporary variance should be until June 1st. Chiles agreed. Beckman asked for details of the agreement between the applicant and the car dealer. The applicant stated that the owner of the cars did pay rent to store the cars on the lot and agreed to move the cars by the end of February. However, with the heavy snow cover it wasn't possible so a new date of June 1st deadline was agreed upon. Beckman asked how the June 1st deadline would be enforced. Western stated that it would be enforced mainly thru the Code Enforcement Department who has been dealing with the car dealer on many code violations throughout the city with assistance from the Planning and Zoning Department. Condon asked if the car dealer is constantly moving the cars around. The applicant stated that he didn't have enough room for the cars and needed a place to store them. Western explained further that the car dealer actually is constantly moving the cars to avoid citations and has been sited multiple times for parking cars on non -hard surfaced residentially zoned lots throughout the city. Also, the car dealer bought an industrially zoned property with an existing building not far from the applicant's property and has been trying to renovate it but the project has not been completed yet. This property was too small to store of the 57 cars which is why he paid the applicant to store some of them on her lot. Condon expressed concern that the car dealer is going to move the cars from the applicant's lot somewhere else. Western agreed stating that city staff will have to deal with it if that occurs. However, the goal is to legalize the applicants property as there were no complaints until the applicant agreed to rent space to store the cars which attracted the attention of the Code Enforcement Department; resulting in the applicant being served a notice of violation for not only the sales cars but the applicants personal items parked on the lot as well. Leadley asked for clarification that staff will make sure that the cars are removed on June 1st. The applicant asked if staff would enforce the June 1st deadline if the cars are not removed. Condon stated that staff would enforce the deadline. Chiles asked if the cars are not removed by June 1st if that could be considered trespassing. Anderson stated that it would depend on how long the lease agreement was for and that the lot is being used illegally so that could possibly have broken the lease. The applicant should have an attorney review the agreement. The applicant stated that the car dealer was supposed to get an extension from the Code Enforcement Department to allow the cars to remain on the site longer but did not. Therefore, the applicant was forced to apply for a variance both the cars and her personal vehicles and trailers to avoid being cited. Condon stated that June 1st staff will inspect the property and if the cars are not gone then the applicant would be the one cited by the Code Enforcement Department. Beckman asked the applicant what type of agreement they had. Beckman asked if there were any documents. The applicant stated that it was a verbal agreement and that she was paid cash and she wrote him a receipt. Condon reminded the applicant as owner of the property she would be the one cited if the cars aren't removed by June 1st. Thornsberry clarified that the approval of temporary variance to allow the cars to remain until June 1st does not preclude the applicant from taking legal action to remove the cars at any time. Condon agreed. Leadley asked if the applicants request for a permanent variance was separate from the temporary variance request. Condon 3 Page 733 of 764 BOARD OF ADJUSTMENT February 23, 2020 explained that its one request with two different variances. Condon explained to the applicant that it appears that the board isn't concerned with existing trailers, campers and the two buses, but would not support any additional items to be added to the property. Thornsberry agreed. Chiles asked if the board is allowed to place that limitation on the property. Western explained misconception that property owners have is that owners are allowed to do anything on industrially zoned property. However, the zoning ordinance requires that all parking areas have to be hard surfaced and that the Engineering Department requires hard surfacing and water retention for parking areas over 5,000 square feet, which the applicant is using well over that amount for parking. Chiles asked for further clarification as to if the board can limit the site on the number of vehicles, trailers, campers etc. Western stated that the board has the ability to limit the site to the items that currently exist and prohibit additional items from being added; otherwise the applicant can be made to remove the items or hard surface the property and install a water detention system. Chiles asked if there should be a detailed inventory of what is currently on the site. Leadley asked if gravel is expectable. Jaime stated that asphalt or concrete is required from the curb to the property line and anything beyond that is outside if the engineering department jurisdiction. However, for the requirements of the Storm Water Ordinance, anything other than grass such asphalt, gravel and concrete is considered impervious and would require storm water detention. This would require and engineering site plan and a review of the calculations. Since the parking area for the applicants personal items has was on site prior to the adoption of the Storm Water Ordinance adopted in 1982, it would be considered "Grand Fathered" in. Therefore, water retention would not be required. If the new area where the car dealer is storing cars where to become permanent, then water retention would be required. If the cars are removed and the site is restored back to its original state it was in prior to the adoption of the Storm Water Ordinance, then water retention would not be required. Condon stated that a detailed inventory was not needed, as he felt the applicant would comply with board's intentions and that a simple condition that nothing else can be added would be okay. Chiles agreed but stated that he is concerned with precedent. Condon stated that there is enough precedent that has already been set as the site is zoned "M-1" is 23 acres, and the use and parking area has been in existence for 23 years. Chiles agreed but felt that the board needs to be as specific as possible. Condon stated he agrees in normal circumstances but in the case less is more. Beckman asked if the property changed hands and the new owner wanted to continue using the site similar to its current use, would the new owner have to seek a variance as well. Chiles stated he believed they would and that is why he wants there to be a condition that there be no other items added to the site. Thornsberry stated that her understanding of the need to add the condition was to get the cars removed at an appropriate time so as to not damage the property, to not encumber the applicant's current activities and to prevent the adding of additional items that would not comply with the ordinance. Chiles agreed with Thornsberry's summation and added that since the variance is tied to the land and not the person, putting in place the condition will prevent a new owner in the future from adding more items without adding hard surfacing and perhaps water retention; which would increase the non-compliance. Leadley agreed stating that she knows someone that has been cited for parking a car behind a garage on grass and doesn't want to set precedents where citizens will feel like if it's okay to park on grass at the applicant's site, then I can do it at my house. Leadley went on to ask the applicant graveled the parking area would that eliminate the need for the permanent variance. Chiles explained that placing gravel on the sight would not eliminate the need for a variance and placing gravel on the sight would require water retention. Western proposed a long term temporary variance to the hard surfacing. Chiles asked if the variance could be tied to the owner. Western stated that state law requires be tied to the land only. Thornsberry proposed a motion. Chiles reiterated that he is only concerned a new owner placing 80 cars on the lot because they have a variance to the hard surfacing requirement. Anderson suggested that perhaps the request be tabled and staff put together a detailed inventory of what items are currently there or tying the variance to an aerial photo that shows what's currently on site and add wording that specifies what activities can occur on the sight and that any changes would require another review by the board. Thornsberry asked if that would force the applicant to incur any further expense. Anderson added no it would not and that the condition could be worded to specifically allow the applicant to continue the same activities that have occurred over the last 23 4 Page 734 of 764 BOARD OF ADJUSTMENT February 23, 2020 years including a specific number of Flea Markets. The board agreed to split the requests and have two motions. It was moved by Chiles, seconded by Thornsberry to approve the request by Shirley Sommerfeltfor a temporary variance to allow for the parking of sales vehicles on a non- hard surfaced satellite lot for a temporary period expiring on June 1, 2021 on property zoned "M-1 "Light Industrial District, located at 351 Thorson Avenue. Motion carried unanimously. It was moved by Chiles, seconded by Leadley to table the request by Shirley Sommerfelt for a variance to the hard surfacing requirement to allow for the parking of vehicles on a non -hard surfaced lot zoned "M-1" Light Industrial District, located at 351 Thorson Avenue. Motion carried 4 to 1 with Condon voting no. IV. Adjournment It was moved by Chiles, seconded by Thornsberry to adjourn the meeting at 5:08 p.m. Motion carried unanimously. Sincerely, GlA-rigo-p-k-e v- W. W e e,v-w Christopher W. Wetern Planner II Discussion, 5 Page 735 of 764 CITY OF WATERLOO Council Communication Leisure Services Commission Board minutes of April 13, 2021. City Council Meeting: 6/7/2021 Prepared: ATTACHMENTS: Description Type u 03/13/2021 Minutes Backup Material SUBJECT: Leisure Services Commission Board minutes of April 13, 2021. Submitted by: Submitted By: Page 736 of 764 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, April 13, 2021 ZOOM Conference Call This meeting was held by ZOOM conference call. Brenda Durbahn called the meeting to order at 7:30am. Present: Brenda Durbahn, Jadyn Spencer, Sharon Samec, Tom Powers, Torn Christensen, Bob Bamsey, Tim Moses, Council Liaison Dave Boesen Staff: Paul Huting, Chris Dolan, Travis Nichols, Todd Derifield, Mark Gallagher, JB Bolger Absent: Brenda Durbahn called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Bob Bamsey Ayes: All. Nays: None Brenda Durbahn called for motion for approval of the 03/09/2021 meeting minutes. Motion by Tom Powers to approve minutes, second by Tom Christensen Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Questions were answered. Motion by Bob Bamsey to approve the March bills, second by Sharon Samec Ayes: All Nays: None COMMITTEE ASSIGNMENTS Committee Assignments are attached. EDISON SCHOOL PARK UPDATE Paul provided information on the informal proposals heard from 3 potential developers. Planning Department will be working on terms of a development agreement. Funding has been secured by Leisure Services staff to planning services for the development of a park and inclusive playground on the former Edison Elementary School site. A proposal has been received and will be placed on a City Council agenda for approval once the development agreement is ready for Council action. UPDATE ON FYE 22-26 CAPITAL IMPROVEMENT FUNDING Submissions were presented at Council Work Session on January 13. A total of $992,000 was allocated for Leisure Services, including $700,000 for the Aquatics Replacement Fund, Some internal adjustments within the same total allocation may be possible. UPDATE ON FYE22 OPERATING BUDGET PROCESS City Council held the final budget hearing on Thursday, March 25 and set the General Fund Tax Levy Rate at $18.63 per $1,000 of taxable property value. The budget included hiring delays of 120 days beyond July 1, 2021 for vacant positions not currently in the hiring process. There are several full time vacancies that would be affected by the delay policy. Additional revenue from future rate increases and sponsorship opportunities might be available to offset some of the hiring delays, along with some projected savings form future implementation of a Forestry Apprentice program. Increases for Forestry on -call pay were included in the budget submission. Page 737 of 764 STAFF UPDATES Young Arena — Chris Dolan High School Graduations will take place at Young Arena May 25th West High, May 27th East High, May 30th Cedar Falls. Each student will be given 4 tickets. The Waterloo Black Hawks season will conclude Saturday April 24th. This past season WYHA hosted over 100 games at Young Arena during the 2020-2021 season this is an increase of over 40 % from the previous year. Sports and SportsPlex — Mark Gallagher Court Kings season kicked off Vaccination clinic site through April Indoor programming going full speed (soccer, basketball, TKO, swim lessons) Grad parties beginning May 1 Hoping for eligibility for CARES Act backfill dollars to replenish reserves 50 teams in our USSSA Baseball and Softball Leagues Full slate of tennis meets/tournaments at Byrnes Tennis Center Kick off meeting with Ballard*King this Friday Young Family Foundation has funded season 2 of the Mayor's More Than Basketball League Forestry — Todd Derifield Greenbelt Lake Project — Concrete decking will be installed on Thursday, 4/15/21. Plant Waterloo Project — Sold over 200 trees to Waterloo residents. Tree distribution day will be on 4/29 from 4pm-5:30pm at Byrnes Park if anyone is interested in volunteering. Arbor Day is always the last Friday in April. This year it will be April 30th. An Arbor Day proclamation will be read at the April 19th Council meeting. With the vacancies in the department and holds on hiring until November there are real concerns that we will not be able to offer the level of services expected by the citizens of Waterloo. The vacancy in the Park Maintenance II — Crew Leader position will create great challenges in keeping the sports turf in many of our parks in favorable condition. We have been making progress with the Union and Human Resources in the development of a Park Maintenance II- Forestry Apprentice or Trainee position to replace the existing vacant forestry positions. When job description is completed and we are allowed to hire after waiting period this fall we should be able to hire a person with minimal qualifications and train them in a 2-3 year period. After speaking with Aaron Reinke, Epidemiologist with the Black Hawk County Health Dept, Leisure Services will be renting shelters this year. Last year shelters were not rented due to COVID. Aaron supplied a flyer created by the Iowa Department of Public Health to hand out to shelter renters. This flyer offers recommendations of social distancing, mask wearing, etc.... There are no state restrictions at this time. Leisure Services will sell Amusement Park Tickets this year again. Last year they were not sold due to COV1D. This is a fundraiser for the Iowa Park and Recreation Association and offers a savings on ticket prices to residents that purchase them. Construction — Travis Nichols The construction crew has been doing general maintenance in the parks to include garbage pickup and graffiti removal. We continue to do park inspections. The process of transitioning over to our summer garbage route has started and we will be running a five day route once all cans are placed in the parks. We are assisting building maintenance on opening park restrooms and the majority should be open by end of the month PThe age 38 of 764 Hope Martin shelter is underway. The tennis center resurfacing is scheduled to start tnis week. The contractors were onsite last week to start back up on the chemical building apron project. We are looking into a shade structure for the skate park. This was part of original funding and will complete the project. The Young Arena roof project for the front of building will go out for bid this month. The contractor for the Riverfront electrical repair stated that parts have shipped and should be here this week with potential of completion set for end of this month. Golf and Downtown Area — JB Bolger • Golf courses opened for the season Saturday March 20th. • We have a vacancy in the full time Golf Maintenance II position at Iry Warren. We had a civil service list of 5 but only one candidate panned out which was an in- house transfer and created a vacancy in the Park Maintenance II Crew Leader mowing position group. This person is now doing both golf course work and still mowing some off the ball diamonds while we get all vacancies filled. • Play has been extremely strong on good weather days. We need to mix in a few more, warmer days to really get business going. Sales of passes to younger golfers have been strong including the Mini Season, Junior Season and Young Adult passes. • Morganne Kayser started March 19th at our front desk and has been doing a great job so far! • I have been attending a lot of RAGBRAI meetings the past month. They plan to use many of our park facilities with Exchange Park being the main campground. They also plan to use Tibbitts, Fairview Cemetery open field, multiple downtown properties. • We awarded a three year contract for right of way mowing which lowered our pricing and the award was to two Waterloo based companies. • HWY 63 Enhancements Project Kicked off Monday April 12th. This project will include: o New recreational trail from Conger to Parker Streets. This will fill a gap so now there is continuous trail/sidewalk from Logan HyVee to the downtown trail system o Decorative concrete downtown between the sidewalk and the road near the Sportsplex and Young Arena o Beautification of the railroad overpass o 385 new trees o Decorative Signage o Decorative lighting The next regular Leisure Services Commission Meeting will be held Tuesday, May 18, 2021. The meeting will be held in person at the SportsPlex. Brenda Durbahn made a motion to adjourn, second by Tom Christensen. Brenda Durbahn djournethe meeting at 8:27am. Sivar n Sarnec, ecretary Signe this ate 5 Page 739 of 764 WATERLOO LEISURE SERVICES COMMITTEE APPOINTMENTS 2021 YOUNG ARENA Tom Powers -Chair Tom Christensen Tim Moses PARKS Sharon Samec-Chair Bob Bamsey Tom Powers GOLF Bob Bamsey-Chair Tom Christensen Jadyn Spencer SPORTS / SPORTSPLEX Jadyn Spencer -Chair Tim Moses Sharon Samec Page 740 of 764 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes April 2021. City Council Meeting: 6/7/2021 Prepared: 5/19/2021 ATTACHMENTS: Description Type ❑ April Board Minutes Cover Memo SUBJECT: Community Development Board Meeting minutes Apri12021. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 741 of 764 Community Development Meeting Minutes April 20, 2021 I. Ca11 to order John Chiles called to order the regular meeting of the Community Development Board via zoom at 4:00 p.m. on Tuesday, April 20, 2021. Chiles asked for an approval of the agenda for April 20, 2021. It was moved by Hansen and seconded by Weekley to approve the agenda. Motion carried. II. Attendance: Present: Chairperson John Chiles, Cody Leistikow, Angela Weekley, Zach Hansen Members Absent: Jenna Northey, Felicia Carter and Cam Campbell Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Felicia Smith-Nalls, Neighborhood Services Coordinator; Matt Chesmore, Senior Rehabilitation Specialist; Mindy Smith, Intake Specialist; Noel Anderson, CPD Director Approvat of minutes from last meeting Approval of the minutes for the February 2021 board meeting and 2nd Public Hearing for the FY22 Annual Action Plan. It was moved by Hansen and seconded by Weekley to approve the minutes for the February board meeting and 2nd Public Hearing meeting. Motion carried. IV. Old Business: a) Staff Updates and Lead Grants: A Lead Worker training was held in March, 20 participants attended the training, which was at full capacity. We have several applicants who have been approved for roofs and we are also ahead of the game for the second quarter of the lead grant. Staff will include the benchmarks spreadsheet as part of the packets to show the board where we stand with benchmarks after each quarter. b) COVID-19 Applications: Public hearings have been held for Rounds 2 and 3 of the CDBG-CV funds. An application to IEDA for Round 2 was Page 742 of 764 submitted for the expansion of the Peoples Clinic. We have proposed Round 3 funding be used for a food program at NEI3A. V. New Business: a) Endorse Contracts March 2021: John Chiles asked for a motion to approve the contracts. Weekley made a motion to approve contracts for March 2021 and the motion was seconded by Leistikow. Motion carried. b) Neighborhood Services: Felicia Smith-Nalls talked about the Waterloo Neighborhood Coalition 2nd Quarter meeting and the great attendance. Some of the presentations that day were: Rudy Jones, Community Development Funding, Laura Cleaver — A Garden in Every Lot, Sarah Kempson, and Storm Water in your Neighborhood. Smith -Nails also talked about the neighborhood clean ups that have been scheduled. c) Submission of Older Adult Home Modification Grant Application: Community Development received a NOFA for another grant opportunity to apply for funds that would address home modifications to assist older adults in their homes. The conversation has been ongoing on whether Community Development has the capacity to implement this grant. The deadline has been extended to May 18, 2021 for this grant, with a start date of July 2021. d) Review Emergency Roof Repair Policy and Cap: Significant increases in building supplies has caused Community Development to look at possible temporary policy changes with the emergency repair program. There are several remedies that our staff has come up with which includes a higher cap on emergency repairs projects, a 9 month loan moratorium, or to raise the program cap. After discussion with the board and a motion/second and a vote (Via email) this is the policy change that staff will incur: a moratorium will be placed on all loans on all emergencies. This will be a 9 month moratorium (expiring 1-21-22); Community Development will revisit the policy change and building materials costs after this period and will provide periodic updates or any changes adversely impacting our clients. Community Development will eliminate the individual project cap proposed at $12,500 (proposed 4/20/21 board meeting) and put an overall program cap of $250,000 for roofs only. With the ongoing pandemic and its adverse impact and building material costs which have substantially increased over the past 12 months, the Board feels that any assistance for emergency repairs would ease the burden on our clients to not incur any more financial debt. Page 743 of 764 e) Additional HOME Funding Allocation: As part of the American Rescue Plan Waterloo/Cedar Falls Consortium will receive 1.7 million additional HOME dollars to address homelessness. The details of the allocation has not come out yet but when guidance comes out we will let you know what we can do with the dollars. VI. Discussion Items: VIII. Adjournment Meeting Adjourned. Minutes submitted by: Clody Leistikow Min a ved by: Board Page 744 of 764 CITY OF WATERLOO Council Communication Planning and Zoning minutes of the "special" meeting on April 6, 2021 and regular meeting on April 13, 2021. City Council Meeting: 6/7/2021 Prepared: 5/19/2021 ATTACHMENTS: Description Type u minutes 4-6 Backup Material u minutes 4-13 Backup Material SUBJECT: Submitted by: Planning and Zoning minutes of the "special" meeting on April 6, 2021 and regular meeting on April 13, 2021. Submitted By: Page745of764 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION SPECIAL MEETING - 4:00 P.M. April 6, 2021 The special meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Vice -Chairperson Holdiman at 4:00 p.m. by Zoom. Members present electronically were: Patrisha Serfling, Brandon Schoborg, Cody Leistikow, Craig Holdiman, and Eric Donat. Members absent were: Virginia Wilber, Sue Flynn, Sylvia Jackson and Steve Trost. Others present electronically: Noel Anderson — Community Planning and Development Director; Aric Schroeder, Chris Western, Seth Hyberger and John Dornoff — Planning Department; Brian Schoon and Nick Fratzke— 1NRCOG. I. Approval of the Agenda It was moved by Serfling, seconded by Donat to approve the agenda. Motion carried unanimously. II. Agenda Items A. Comprehensive Plan Update Schoon opened with the primary growth areas map. Community was broken down into 41 different sections and then prioritized growth. Schoon goes over the selection criteria. Infill development where utilities exist would be in the primary growth area. In each section for access and sanitary sewer which are two primary things to look for when it comes to growth. Secondary areas were missing one of those two items. Those without those two items were put into reserved category. Not many secondary areas mostly primary growth areas. Anderson explained that 35 and 37 will probably change color because sewer was installed through the area about 10 years ago. Schoon explained the future land use map including that the map was what was estimated to be the land use over the next 20 years. Commission will look at what has changed since the map was created and how they have changed in character from what the future land use map shows. Now need to look at the next 10 to 20 years and how the city is expected to develop. Schoon encouraged the commissioners to mark up the future land use map to note where land use has changed from what was expected. Schoon then showed a map that adds adjacent cities and their future land use maps. Schoon explained how the future land use map ties in to the goals of the city. Next time will drill down into the details of the maps and how things have changed. III. Adjournment It was moved by Serlfing, seconded by Donat, to adjourn the meeting at 5:18 p.m. Motion carried Page 746 of 764 Planning and Zoning Commission April 6, 2021 unanimously. Respectfully submitted, John Dornoff, Planner I 2 Page747of764 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. APRIL 13, 2021 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. via zoom. Members present electronically were: Virginia Wilber, Steve Trost, Brandon Schoborg, Sylvia Jackson Patrisha Serfling, Sue Flynn, Cody Leistikow, Craig Holdiman and Eric Donat. Members absent were: None. Others present electronically: Noel Anderson — Community Planning and Development Director: Aric Schroeder, Seth Hyberger, Chris Western, and John Dornoff— Planning Department; Jonathan Grieder — Waterloo City Council; Jaime Knutson — City Engineer; Sydney Czyzon — Waterloo Courier; and 11 citizens. I. Approval of the Agenda It was moved by Donat, seconded by Schoborg to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular Meeting on March 9, 2021. It was moved by Donat, seconded by Leistikow to approve the minutes. Motion carried unanimously. III. Financial Report February 2021 Schroeder read the financial report. It was moved by Trost, seconded by Serfling 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 by by Neils Thulstrup to rezone approximately 0.162 acres from "C-2" Commercial District and "R-2" One and Two Family Residence District to "C-P" Planned Commercial District for construction of a drive-thru coffee shop located south of 811 Stephan Avenue It was moved by Donat, and seconded by Leistikow to receive and place on file the statement of verification at 4:13 p.m. Motion carried unanimously and Wilber declared the hearing open. Hyberger read the staff report recommending approval of the rezone request with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc., including ADA accessibility requirements. Hyberger noted that Vicki Sieben who owns 811 Stephan called and noted that she is against the proposal and has concerns about noise, hours of operations, traffic, buffer separation, elevation, topography of the site, and traffic backup because of the coffee shop and the car wash. Evan McNally, 826 Hanna Blvd also called in opposed to the project as he lives behind the project and has small children that play in his backyard that would face the coffee shop. Page 748 of 764 Planning and Zoning Commission April 13, 2021 Donat asked if the concerns noted in the Tech Notes addressed to which Hyberger noted that Elahi suggested having a entrance as far to the south as possible. Flynn and Leistikow stated they have concerns about the traffic and references the Starbucks at Crossroads, and has concerns about buffering. Schoborg stated he had concerns about buffering. Holdiman and Jackson stated that they have concerns about the location when it comes to traffic. Neils Thulstrup, 2000 Lincoln Street, Cedar Falls the applicant for the project said that he is interested in building a drive through coffee shop. He stated that he has owned the property for 8 years and is looking for an economic use of the property. He also noted that the property is split when it comes to zoning and it needs to be all one zone. He stated that he is willing to do a traffic study and will design it whatever way he needs to. Judith Henry, 823 Hanna Blvd, concerned about the traffic especially with the new car wash as traffic backs up regularly. Concerned about the safety of the area. Gary Sieben, 2002 Coachman Drive, has lived there since 1970 and owns the property at 811 Stephan. Stated that the site was zoned the way it was to protect the residential area and then explained the traffic problems caused by the new car wash that opened last year. Would like to know what the open and close hours would be as there is a noise ordinance in the area and he is concerned about inappropriate music in the area. Concerned about the nearby church and child care in the area. He also stated that the University Avenue exit from the car wash only goes toward Cedar Falls and most people want to head back into Waterloo so they use Stephan and Falls Avenue to reach University. Martha Reineke and William Cozart who own 828 Hanna Blvd, stated that they are supportive of business growth of the area area but is concerned about traffic and conditions of the area in winter. Concerned about the plantings that would be damaged and their parking lot being used for cars parking on their lot. Schroeder noted that any buffering would need to be on the coffee shop's property. Thulstrup stated that he had concerns about the car wash and has been working to keep his property clean and noted that the car was has an exit to University Avenue and doesn't plan to go into the easement to the east. Also discussed parking and is working to put in more parking spaces. Wilber asked if the applicant was willing to include sidewalks to which Thulstrup said yes. Holdiman asked if it can be tabled for a month until the traffic study is done to which Schroeder responded that it may be difficult to find a company to do it in a month. Leistikow asked if the design would need to pass building code to which Schroeder responded yes. Trost said he is concerned about the entrance being so close to the intersection of Falls Avenue and Stephan to which Schroeder responded that if a traffic study is done then the applicant would be required to have a more detailed site plan. Thulstrup asked what the new traffic study would show that previous traffic studies have not showed, to which Schroeder responded that it is speculation. Holdiman moved to table the request. Holdiman later withdrew his motion. Flynn stated that she would rather have a motion to make a recommendation than tabled. It was moved by Holdiman, seconded by Donat to close the public hearing. Motion carried unanimously. The hearing was closed at 4:44 p.m. 2 Page 749 of 764 Planning and Zoning Commission April 13, 2021 It was moved by Flynn, seconded by Leistikow to deny the rezone request. Motion carried unanimously. 2. Request by Cedar Valley Corporation for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the "B-P" Business Park District. It was moved by Donat, and seconded by Trost to receive and place on file the statement of verification at 4:58 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the site plan amendment request. Trost asked how long is temporary to which Dornoff responded construction season usually ends about the end of October. Leistikow asked about environmental concerns to which Bonner responded that they will be having regular inspections to insure environmental regulations are met. It was moved by Holdiman, seconded by Trost to close the public hearing. Motion carried unanimously. The hearing was closed at 5:07p.m. It was moved by Trost, seconded by Donat to recommend approval of the site plan amendment request with temporary approval ending on October 31, 2021. Motion carried unanimously. B. Special Permit 1. Request by Dan Baker/Seed Sowers for a Special Permit to allow for a temporary religious facility located south of 222 Logan Avenue in the "R-3" Multiple Residence District. Western read the staff report recommending approval of the request. Donat asked if there would be proper access to accessible parking and restrooms plus asked about the name of the apartment building because his building used to be called heritage to which Western responded they have an agreement with Salvation Army for parking and restrooms and the property has a sign calling the apartments Heritage Apartments. It was moved by Leistikow, seconded by Trost to recommend approval of the special permit amending the motion to say that it is limited to two weeks in calendar year 2021. Motion carried unanimously. 2. Request by Terelleh M Hoskins Sr., for a Special Permit to allow for a Pop-up Drive -In Movie Theater on the grounds of the National Cattle Congress located at 204 Ansborough Avenue in the "M-1" Light Industrial District. Western read the staff report recommending approval of the request. Terelle M Hoskins, 720 West 11th Street the applicant stated that he was available to answer questions. Donat asked if the applicant understood the requirements about handicap requirements to which Hoskins noted that he understands that there will be requirements for ADA. Flynn stated that it is a great idea but stated that she is in support of moving the direction of the screen. Hoskins stated that they were willing to do without the fireworks in order to insure that drivers are not distracted on US Highway 218 and modify the laser light show. Wilber asked if the Cattle Congress had fireworks shows in the past to which Western said they had but they were over by the river and not so close to the highway. Leistikow and Trost stated support of the idea and Trost noted the applicant has probably picked the least controversial place for this item. 3 Page 750 of 764 Planning and Zoning Commission April 13, 2021 Schroeder noted that there is several large parking lot lights in the area and asked if the applicant had any discussions with the Cattle Congress about the lighting that could affect the movie to which Hoskins stated that they had and they can be controlled. Donat asked if any of the former drive-ins could reopen to which Schroeder stated the one on University is now apartments so probably would not be there. Donat stated he would like to see the ADA concerns addressed in the motion. Trost added a condition about the request meeting the building and fire inspector requirements. It was moved by Leistikow, seconded by Schoborg to recommend approval of the special permit with a condition that the request meet local building and fire inspector requirements as mentioned in the staff report. Motion carried unanimously. C. Vacates 3. Request by Cedar Valley Real Estate to vacate the alley located between West 2nd Street and West 3rd Street that is located adjacent to 300 Commercial Street in the "C-3" Central Business District. Dornoff read the staff report recommending approval of the vacate request with the following conditions: 1) that an easement be retained over the entire portion to be vacated area and 2) if the entire alley is approved for vacate then the applicant turn in intent to vacate forms for the 3 remaining property owners, and if the entire alley is not vacated then an easement will need to be dedicated over the entire city owned parking lot of 303 Jefferson Street. Kade Hoppenworth, Cedar Valley Real Estate stated that they renovated 300 Commercial Street and is looking for a secondary spot for their dumpsters and maintain quality parking. They are also looking for an area to put air conditioning units for their main floor units. Schroeder noted that the easement request would be needed if the air condition units are placed in the alleyway and asked if the applicant knew where the neighboring property owners keep their dumpsters to which Hoppenworth stated that he was more than willing to have the item tabled to get concerns worked out. Schroeder stated that he is fine with it being recommend for approval and that the details could be worked out before it goes to council. Knutson stated that he is still concerned about access and how the applicant is going to control the alley in order to insure that the items they put into the alley will be acceptable. Schroeder responded that the applicant wants to block access to the alley. Trost noted that people use alleyways as short cuts and how do you control access to which Hoppenworth stated that he would be willing to put signs. Flynn asked if the applicant would be financially responsible for that area once it is vacated so that if someone gets into an accident or gets hurt the applicant will be responsible to which Schroeder said that would be the goal. Flynn stated that she would like to table. It was moved by Trost, seconded by Flynn to recommend tabling of the vacate request. Motion carried unanimously. 4 Page 751 of 764 Planning and Zoning Commission April 13, 2021 Holdiman left at 6:15pm. D. Plats 1. Request by Midwest Development for the Final Plat of Audubon Heights 7th Addition a 31-lot residential subdivision a replat of Audubon Heights Fourth Addition located south of 1747 Thrush Drive. Dornoff read the staff report recommending approval of the plat request with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Leistikow asked how long it has been going to which Dornoff responded it has been in progress for an extended period of time. It was moved by Leistikow, seconded by Donat to recommend approval of the plat. Motion carried unanimously. VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be on May 11, 2021 at 4:00 pm with a special meeting on May 4, 2021 at 4:00pm to discuss the comprehensive plan update. Effective May 1st the City of Waterloo will return to in person meetings but will have the option to zoom or phone in. VII. Adjournment It was moved by Schoborg, seconded by Donat, to adjourn the meeting at 6:21 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 5 Page 752 of 764 CITY OF WATERLOO Council Communication Historic Preservation minutes of April 20, 2021. City Council Meeting: 6/7/2021 Prepared: 5/19/2021 ATTACHMENTS: Description Type o minutes Backup Material SUBJECT: Historic Preservation minutes of April 20, 2021. Submitted by: Submitted By: Page 753 of 764 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — APRIL 20, 2021— 4:30 P.M. Meeting was held by Zoom online meeting application Hedrick called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance electronically were: Ed Ottesen, Susan Price, Matthew Gilbert, Terry Stevens, and Nick Hedrick. Commission Member(s) absent were: Alice Rohret Others present electronically: Noel Anderson — Community Planning and Development Director; John Dornoff — Planning Staff; Pat Morrissey — City Council Liaison; Paula Mohr — State Historic Preservation Office Approval ofAjienda Motion made by Hedrick, seconded by Stevens to approve the agenda of the April 20, 2021 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Stevens to approve the minutes of the March 16, 2021 meeting. Motion carried unanimously. Oral Presentations None Hearings 1. Request by Robert Sauls for a Certificate of Appropriateness for new siding located at 326 Highland Boulevard. Dornoff read the staff report. Siding was replaced back in the 1970's that does not match the historical character of the home. Hedrick asks if the siding would still be vinyl to which Sauls says yes. Hedrick asks about replacing with vinyl is ok to which Ottesen says he is unsure about how the wood underneath will look to which Saul responded that it appears that the wood underneath has been removed. Ottesen says that returning to smaller siding makes it looking more conducive to the original appearance. -1- Page 754 of 764 Ottesen asked how Saul intended to work with the corners to which Saul said they will be treated the same as it is now. It was moved by Hedrick, seconded by Stevens, to approve the request by Robert Sauls for new vinyl siding located at 326 Highland Blvd. Motion passed unanimously. Building Consultation None Discussion with Paula Mohr Morrissey discussed the Dunsmore House with Mohr. State funded a full study of building and different programing options for the interior. Not only what needs to be done up front but also that can be phased in. Jackson County town of Andrew did a study on what to do with stone jail. Mohr asks what the building should be used for as Morrissey had suggested a museum, a residential property or commercial property. Possible to put an easement on the property to ensure building taken care of. Locally designated to protect it from future changes. Rehabilitation study for the jail was very extensive with detailed drawings. Mohr feels the study that was already done was very well done. Could look at cost for jail as it was probably comparable in size to the Dunsmore House. Paid for through a CLG Grant which requires 40% match. Mohr asks what the commission feels about the project. Mohr feels that a phased approach is the best way to do a project. Morrissey talks about having a meeting at the Dunsmore House and is concerned about the red tape and the restrictions put on building changes. Morrissey discusses the saving of the Gilbertville Depot and created the Friends of the Gilbertville Depot. The building is leased for $1.00 a year and it is gradually being renovated. Been multiple attempts to save the Dunsmore House in the last 50 years. Suggested to create a group of for Friends of the Dunsmore House. Mohr noted that just because a home is on the National Register does not mean it is saved. Morrissey concerned about ADA requirements. Gilbert and others discussed having building as a welcome center. Mohr goes over funding options as there is never been as much funding as there is now. Mohr stated that the project for Dunsmore House needs to maximize dollars. Mohr goes over the events of Preservation Iowa. Keynote Speaker wrote the book "Drive while Black" which discusses greenbooks etc. Gilbert asked if there was a protective easement on the building but is something that can be looked at in the future. Reports 1. Main Street All design reviews were all tabled due to a lack of information. Looking for additional sponsors for the flowers. -2- Page 755 of 764 Springs cleanup day May 22nd 2. Silos and Smokestacks. No Report 3. Grout Museum Gallagher stated that the museum is partially opened by the Imaginariam is still closed because pumps will need to be replaced. 4. Building Update None 5. Project Update None 6. Highland Easter event went off, 4 or 5 families moving in. Partnering for the music series in September. 7. Walnut No Report. Discussion Items/Possible Action Items 1. HPC Awards Banquet 2021 Postponed to September, waiting to hear about a date. 2. Possible Award Winners Hedrick asked what the awards are available to which Ottesen explained. 3. School Project Stevens stated that our contact with the schools is leaving. 4. Main Street Collaboration Dornoff asked for help on the Main Street project. 5. Demolitions/City Owned Properties Dornoff noted that 928 Mulberry has been sold to David Deeds. -3- Page 756 of 764 Design Guidelines No Action. Other Discussion: Donna Nelson told Morrissey that the Dunsmore House was part of the Underground Railroad. Adjournment Ottesen adjourned the meeting at 5:28p.m. Respectfully submitted, John Dornoff Planner I 4- Page 757 of 764 CITY OF WATERLOO Council Communication Board of Adjustment minutes of March 2021. City Council Meeting: 6/7/2021 Prepared: 5/25/2021 ATTACHMENTS: Description Type o minutes Backup Material SUBJECT: Board of Adjustment minutes of March 2021. Submitted by: Submitted By: Page 758 of 764 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MARCH 23, 2021 VIA ZOOM CONFERENCING Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Jeri Thornsberry, John Beckman, John Chiles, April Leadley and Brad Condon. Staff in attendance via Zoom conferencing were: Chris Western, John Dornoff, Seth Hyberger, Aric Schroeder, Noel Anderson and Jaimie Knutson. I. Approval of the March 23, 2021 agenda. It was moved by Thornsberry and seconded by Chiles to approve the amended agenda to remove the wording that states "and a temporary variance to allow for the parking of sales vehicles on a non- hard surfaced satellite lot for a period of 2 months" from agenda item # 5; as the temporary variance was approved at the February Meeting. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on February 23, 2021. It was moved by Thornsberry, seconded by Chiles to approve the minutes of the February 23, 2021 meeting. Motion carried unanimously. III. Decision Items 1. Request by Nick Liston on behalf of Peoples Community Health Clinic, Inc. for a Special Permit for the expansion of the Peoples Clinic located in the "C-2" Commercial District and "C-P" Planned Commercial District located at 905 Franklin Street. Western gave staff report that recommended approval of the request for the following reasons: 1. The special permit should not have a negative impact on the surrounding area. 2. The special permit should not have a negative impact on traffic conditions in the area. 3. The clinic provides a vital service to the most vulnerable of the community. 4. The clinic expansion is keeping with the comprehensive plan and future land use map for the area. There appears to be uniqueness to the variance request. Beckman asked if there was any opposition to the request. Dornhoff stated that there were a few calls asking about the request but there were no oppositions to the request. Nick Liston the representative for Peoples Community Health Clinic, Inc. addressed the board explaining that they wanted to position the addition in a way that would not negatively impact the community gardens to the east. It was moved by Beckman, seconded by Leadley to approve the request by Nick Liston on behalf of Peoples Community Health Clinic, Inc. for a Special Permit for the expansion of the Peoples Clinic located in the "C-2" Commercial District and "C-P" Planned Commercial District located at 905 Franklin Street. Motion carried unanimously. 2. Request by Soteria & Soter Investments LLC for a Special Permit to turn an existing single family group home into a duplex for continued use as a group home in the "R-3" Multiple Residence District located at 3845 Paige Drive. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on density, or the overall aesthetic appearance of the surrounding neighborhood. 2. The request also meets the minimum requirements for lot width, lot size, parking and setbacks. 3. The Duplex would not appear to have a negative impact on pedestrian or vehicular traffic conditions in the area. Page 759 of 764 BOARD OF ADJUSTMENT February 23, 2020 Chiles asked if the request is approved would it negatively affect property values. Western stated that the property there are no complaints on file, the the property has been a group home owned by EPI for many years and will remain a group and that staff couldn't predict the potential effects on property values as the county decides that. Jim Copley the representative for Soteria & Soter Investments LLC, explained that the State of Iowa changed the law to only allow four (4) clients without going to nursing home standards. Condon asked how many clients would there be. Copley stated that there would be 4. Schroeder clarified that there would be 4 per side for a total of 8 clients. Copley went on to say that the feedback from the neighbors has been positive. Also, as far as parking none of the clients that will live in any of the properties drive vehicles so parking should not be an issue. Thornsberry asked if the clients will be moved back in to have a sense of community. Copley stated that there will be all new clients as the former clients have already been moved to apartment buildings in some of the same areas as these homes are located and that there are other agencies his company works with that decide which client's will be assigned to his properties. It was moved by Thornsberry, seconded by Chiles to approve the request by Soteria & Soter Investments LLC for a Special Permit to turn an existing single family group home into a duplex for continued use as a group home in the "R-3"Multiple Residence District located at 3845 Paige Drive. Motion carried unanimously. 3. Request by Soteria & Soter Investments LLC for a Special Permit to turn an existing single family group home into a duplex for continued use as a group home, and a variance to allow for 2 off-street parking spaces, 4 short of the 6 minimum off street parking spaces required for a Group home located in the "R-4" Multiple Residence District located at 359 Southbrooke Drive. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on density, or the overall aesthetic appearance of the surrounding neighborhood. 2. The request also meets the minimum requirements for lot width, lot size, and setbacks. 3. The Duplex would not appear to have a negative impact on pedestrian or vehicular traffic conditions in the area. 4. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. Condon asked if the units could be returned to residential duplexes or become rental units. Schroeder stated that yes they could be converted to residential duplexes and be rented in the future if no longer utilized as a Group Home. However, if converted to rentals the parking requirement of 2 parking spaces per unit will be required. Condon asked if this was a concern of the city. Schroeder stated that it could be and that the board could place conditions on the approval that if in the future the properties are converted to rental, that 2 additional off-street parking stalls would have to be created Chiles asked for clarification on the parking requirements. Schroeder stated that group homes are required to have 2 parking stalls plus 1 for each staff member and if converted to rentals there would need to be 2 per unit. Beckman asked for clarification on the existing parking. Schroeder stated that there are two stalls and the garage serves as 1 of them. Chiles asked if there was room to add two more stalls. Schroeder stated that there was as there is a fair amount of green space adjacent to the driveway. Condon suggested to the board that future parking requirements be addressed now in the event the properties are converted to rentals in the future. Copley explained that the company has considered adding more off street parking in the future but that the clients do not drive and that there is adequate off street parking and that the company owns a parking lot nearby. It was moved by, Thornsberry seconded by Chiles to approve the request by Soteria & Soter Investments LLC for a Special Permit to turn an existing single family group home into a duplex for continued use as a group home, and a variance to allow for 2 off-street parking spaces, 4 short of the 6 minimum off street 2 Page 760 of 764 BOARD OF ADJUSTMENT February 23, 2020 parking spaces required for a Group home located in the "R-4" Multiple Residence District located at 359 Southbrooke Drive with the condition that two additional off-street parking spaces will be required if the property is converted into rental units. Motion carried unanimously. 4. Request by Soteria & Soter Investments LLC for a Special Permit to turn an existing single family group home into a duplex for continued use as a group home located in the "R-3" Multiple Residence District located at 2009 Coachman Drive. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on density, or the overall aesthetic appearance of the surrounding neighborhood. 2. The request also meets the minimum requirements for lot width, lot size, and setbacks. 3. The Duplex would not appear to have a negative impact on pedestrian or vehicular traffic conditions in the area. 4. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. Copley stated that the 3 properties are almost identical to each other and that they are simply putting a wall down the middle on all three properties, this location is on a dead end street and will provide an ideal living situation outside of an institution for the Autistic community. It was moved by Chiles, seconded by Leadley to approve the request by Soteria & Soter Investments LLC for a Special Permit to turn an existing single family group home into a duplex for continued use as a group home located in the "R-3"Multiple Residence District located at 2009 Coachman Drive. Motion carried unanimously. 5. Request by Shirley Sommerfelt for a variance to the hard surfacing requirement to allow for the parking of 2 buses, 4 campers and 2 trailers on a non -hard surfaced lot as documented in the photographs provided by staff, zoned "M-1" Light Industrial District, with the condition that any new vehicles parked on the site would require hard -surfacing located at 351 Thorson Avenue. Western gave the staff report that recommended approval of the request for the following reasons: Condon suggested putting in place a condition that if the existing vehicles were to be removed for a certain period of time perhaps 2 weeks that the camper couldn't be replaced with a new one. Thornsberry stated that putting this condition on the request is too restrictive. And went on to discuss several scenarios as to why. One example was if a trailer were to become no longer usable and was removed from the site the applicant would not be able to replace the camper with a new one. Beckman agreed, stating that the board should approve a variance for the number of vehicles that staff and Code Enforcement has accounted for. Leadley discussed the fact that the vehicles appear to be used as storage and have not been driven down the road in a long time. Condon agreed. Beckman stated that the applicant should be allowed to replace vehicles just not add to or exceed the number that staff has documented. Thornsberry asked Chiles for clarification on his intent for the request for staff to walk the site and document what currently there. Chiles stated that his intent was to approve a permeant variance to only allow what is currently on the site and prohibit additional items from being placed there. Schroeder clarified with the Board that approval of the permanent variance only for what's currently there and not vehicles associated with the flea market. The board agreed. Chiles stated that approval of the variance would not change anything for the applicant but just an insurance policy for the future. Condon further explained that putting the condition on would prevent future owners from having the same illegally parked vehicles from being parked on the site. Thornsberry asked if that would actually be an issue as it's a large site and the approval of the variance would keep the site as is and prevent additional items on the site. Condon stated that the board would not 3 Page 761 of 764 BOARD OF ADJUSTMENT February 23, 2020 approve this type of request anywhere else in the community. Chiles stated that the purpose of the variance process is to allow exceptions based on location. Condon explained that the board is trying to give the applicant the benefit of keeping them but that the Board should not allow the vehicles to remain perpetually and eventually the vehicles would be moved off the site. Beckman asked for a suggested motion to address Condon's concerns. Chiles suggested adding the wording "the documented number of vehicles as shown in the pictures provided by staff'. The board asked staff for advice. Western agreed with the condition that once the applicant no longer owned the property that a new owner would be able to keep or park new vehicles on the site regardless if it was the same number of vehicles approved by variance. The applicant stated she had no problem with the condition that the future owner would not be able to keep any of the existing vehicles or add new ones. It was moved by Chiles, seconded by Beckman to approve the request by Shirley Sommerfeltfor a variance to the hard surfacing requirement to allow for the parking of 2 buses, 4 campers and 2 trailers on a non -hard surfaced lot as documented in the photographs provided by staff, zoned "M-1 "Light Industrial District, with the condition that any new vehicles parked on the site would require hard -surfacing located at 351 Thorson Avenue. Motion carried unanimously. 6. Request by Iowa Heartland Habitat for Humanity for a variance to allow for the construction of a single-family home with a side -yard set -back of 4.5', 0.5' short of the 5' minimum side yard set -back required in an "R-3" Multiple Family Residence District, located south of 429 Clay Street. Western gave the staff report that recommended approval of the request for the following reasons: 1. Approving the request would add another single family owner occupied home in the Walnut Neighborhood. 2. Approving the request would be consistent with the Memorandum of Agreement between the City of Waterloo and the Walnut Court Coalition which encourages both the rehabilitation of existing houses and the construction of new ones. 3. Approving the request will help bring additional economic development into a neighborhood that has seen a lot of activity over the last couple of years since the Memorandum was signed. 4. There appears to be significant uniqueness to the request, the request would not appear to have a negative impact on the area, and there is no known opposition to the request. Chiles asked for clarification on the request. Western stated that this particular neighborhood was platted prior to the adoption of the ordinance in1969, so there are many lots that do not meet the minimum lot size and width requirements. Also, Habitat has done an excellent job of re -platting these small lots to be able to meet the minimum side -yard setbacks but was not able to purchase the vacant to the south of the proposed site and therefor need a variance. Heath Christensen the Construction Manager addressed the board and explained that Habitat tried to by the vacant lot to the south so that they could re -plat the lot but weren't able to so a variance is needed. Leadley asked for clarification as to why the request is for 6". Heath stated that the lot is 45' wide and the foot print of the proposed house is 36' wide with a 14' wide attached garage which leaves 4.5 feet and the city requirement is 5' so the house will be centered on the lot leaving 6" on each side. It was moved by Beckman, seconded by Leadley to approve the request by Iowa Heartland Habitat for Humanity for a variance to allow for the construction of a single-family home with a side yard set -back of 4.5', 0.5'short of the 5' minimum side yard set -back required in an "R-3"Multiple Family Residence District, located south of 429 Clay Street. Motion carried unanimously. 4 Page 762 of 764 BOARD OF ADJUSTMENT February 23, 2020 7. Request by Travis Kimball for a variance to allow for the construction of an addition with a 10' side yard set -back, 5' short of the minimum 15' side yard required along the long dimension street frontage on a corner lot in an "R-1" One and Two Family Residence District, located at 4764 William Drive. Dornoff gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. There appears to be uniqueness to the request. 3. The request would not appear have a negative impact on the neighborhood. Beckman asked if there was any opposition to the request. Dornoff stated that there was none. Beckman asked about a petition that was mentioned in the staff report. The applicant stated that he talked with one neighbor across the street on Country Lane and must have forgotten to submit the petition in support. The applicant stated that the addition is needed to accommodate an expanding family and to update the home as it was built in 1968. It was moved by Leadley, seconded by Thornsberry to approve the request by Travis Kimball for a variance to allow for the construction of an addition with a 10' side yard set -back, 5' short of the minimum 15' side yard required along the long dimension street frontage on a corner lot in an "R-1" One and Two Family Residence District, located at 4764 William Drive. Motion carried unanimously. 8. Request by Jessie and Marissa Thompson for a variance to allow for the construction of a 20' x 50' (1,000 SF) addition to an existing 40' x 32' (1,280SF) pole building with a total area of 2,280 square foot, 480 square foot more than the maximum of 1,800 square feet allowed, and a variance to allow for the construction of a pole building with a height of 17.67', 2.67' over the maximum height of 15' allowed in an "R-1" One and Two Family Residence District located at 313 W. Orange Road. Hyberger gave the staff report that recommended approval of the request for the following reasons: 1. The property in question is unique in that the property is located in a rural area and is consistent with the accessory buildings of the neighboring area. 2. Staff has heard no opposition to the request. The request would not appear to alter the essential character of the neighborhood. Condon asked if the existing building that's proposed to be demolished could be demolished before the construction of the new garage addition or should there be a condition that the building should be demolished within a certain time. Hyberger stated that the board can add a condition that the building be demolished within a certain time frame. Schroeder clarified that the proposed addition is going to be constructed where the existing building to be demolished is and that it would have to be demolished first prior to construction. After further discussion, it was discovered that the addition is going to be added to the existing building to west; therefore the building to be demolished did not have to be demolished prior to the construction of the addition. The applicant stated that the building to be demolished contains items that will be moved into the new addition and requested time to build the addition first and then move those items from the building to be demolished to the addition before demolition. Condon asked if 3 or 4 months would be sufficient. The applicant stated that the reason for the request is because the existing building to be demolished is leaking badly and agreed that a time frame of 3 to four months to demolish would be adequate. It was moved by Thornsberry, seconded by Beck to approve the request by Jessie and Marissa Thompson for a variance to allow for the construction of a 20' x 50' (1,000 SF) addition to an existing 40' x 32' (1,280SF) pole building with a total area of 2,280 square foot, 480 square foot more than the maximum of 1,800 square feet allowed, and a variance to allow for the construction of a pole building with a height of 17.67', 2.67' over the 5 Page 763 of 764 BOARD OF ADJUSTMENT February 23, 2020 maximum height of 15' allowed in an "R-1" One and Two Family Residence District located at 313 W. Orange Road with the condition that the garage to be demolished is demolished by August 1, 2021. Motion carried unanimously. IV. Adjournment It was moved by Chiles, seconded by Thornsberry to adjourn the meeting at 5:08 p.m. Motion carried unanimously. Sincerely, GiA- i,y .r W. W e e v' Christopher W. Wetern Planner II Discussion, 6 Page 764 of 764