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Council Packet - 7/6/2021
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Tuesday, July 6, 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. R At the presiding officer's discretion,individuals may address the presiding officer by stepping to the podium,and after recognition by the presiding officer,shall state their name,address and group affiliation,if appropriate,and speak clearly into the microphone. C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Page 1 of 319 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerks@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENTDURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer,individuals may speak for a maximum of three(3)minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Boesen,At-Large Council Member Agenda, as proposed or amended. Minutes of June 21, 2021, Regular Session, as proposed. Proclamation declaring July 10, 2021 as Latino Heritage Day. Swearing in of new Police Officer recruits 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: Page 2 of 319 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as July 19, 2021 to review the proposed funding recommendations set forth by the Community Development Board for the FY 2022 One- Year Action Plan, for the CDBG and HOME program funds, for the Waterloo/Cedar Falls Consortium, and instruct the City Clerk to publish notice. Submitted By:Rudy D. Jones, Community Development Director 3. Resolution setting date of bid opening as July 22, 2021 in conjunction with the Traffic Control Room Remodel Project, Iowa DOT Project Number STP-U-8155(755)--70- 07, and instruct the City Clerk to publish notice. Submitted By:Mohammad Elahi, Traffic Engineer 4. Resolution approving award of bid to Young Plumbing& Heating Company of Waterloo, Iowa, in the amount of $164,000, in conjunction with the Waterloo City Hall Chiller Replacement Project. Submitted By:Noel Anderson, Community Planning and Development Director 5. Resolution approving award of bid to Wertjes Uniforms of Cedar Falls, Iowa, in conjunction with FYE 2022 Police Department uniform needs, and authorizing the City Clerk to execute said document. Submitted By:Dave Mohlis, Police Captain 6. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of$267,244, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Wayne Castle, PLS, PE,Associate Engineer 7. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 22, 2021, and date of public hearing as August 2, 2021, in conjunction with the FY 2020 Westdale Bioswale Landscaping, Contract No. 1048, and instruct the City Clerk to publish notice. Submitted By:Wayne Castle, PLS, PE,Associate Engineer 8. Resolution approving support for the submission of a Raise Grant Application to the U.S. Department of Transportation for the La Porte Road/Hess Road Corridor Revitalization Project, and authorizing the Mayor to execute said documents. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution Approving a Project Agreement with the Waterloo Development Corporation, in an amount not to exceed $8,825, in conjunction with a Feasibility Study for an Indoor Competitive Swimming Facility, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Michelle Weidner, Chief Financial Officer 10. Resolution approving Variance to Noise Ordinance request from Rev. Anthony J. Kruse, on behalf of Blessed Sacrament Church, in conjunction with the Rock the Lot with John Angotti event, to be held at 650 Stephan Avenue and surrounding streets, on July 17, 2021, from 6:00 p.m. - 8:30 p.m., including live music and the use of a PA system. Submitted By: Corbin Payne, Police Lieutenant B. Motion to approve the following: 1. TRAVEL REQUESTS a. LeAnn Even, Deputy City Clerk Class/Meeting: Iowa League of Cities Annual Conference Page 3 of 319 Destination: Coralville, IA Dates: September 15-17, 2021 Amount not to exceed: $645.00 2. LIQUOR LICENSES a. The American Legion, 728 Commercial Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/14/2022 b. Hy-Vee Gas #3, 1512 Flammang Drive Class: C Beer Renewal Application Includes Sunday Expiration Date: 8/26/2022 C. Iowa Irish Fest, 315 E. 5th Street Class: B Beer w/Outdoor Service New Application Includes Sunday Expiration Date: 8/10/2021 d. Kwik Star#722, 1214 Franklin Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2022 e. Kwik Star#723, 707 Broadway Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2022 f. Main Street Waterloo, Lincoln Park *5 Day* Class: C Beer w/Outdoor Service New Application Does not include Sunday Expiration Date: 9/4/2021 g. Majestic Moon, 1955 Locke Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date:4/30/2022 h. Maple Lanes, 2608 University Avenue Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 5/31/2022 i. New Star, 1459 Ansborough Avenue Class: E Liquor/B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 6/2/2022 j. Yesway Store#10022, 1976 Franklin Street Class: C Beer/E Liquor Page 4 of 319 Renewal Application Includes Sunday Expiration Date: 7/12/2022 k. Yesway Store#10023, 117 E. San Marnan Drive Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 7/13/2022 3. Motion approving Change Order No. 1 with Boulder Contracting Inc. of Grundy Center, Iowa for a total increase of $973.00, in conjunction with the FY2021 Greenbelt Lake Reap Grant Project, Contract #1042 and authorizing the Mayor to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager 4. Motion approving Change Order No. 9 with WRH, Inc., of Amana, Iowa, for a net increase of $18,329 in conjunction with the Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said document. Submitted By:Brian Bowman, Treatment Operations Supervisor 5. Recommendation of appointment of Taylor Mork, from the Civil Service List, to the position of Golf Maintenance II, in the Leisure Services Department, effective July 7, 2021, subject to pre-employment physical and drug screening. Submitted By:Paul Huting, Leisure Services Director 6. Recommendation of appointment of Matt Boquist to the position of Street Department Director, effective July 7, 2021. Submitted By:Randy Bennett, Public Works Manager 7. Bonds. PUBLIC HEARINGS 2. FY 2022 Asphalt Emulsions for the City's Recycled Asphalt Paving Program. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document and form of contract, etc., and authorizing to proceed. Motion to received, file and instruct the City Clerk to read bids. Resolution awarding bid to of , in the amount of$ , in conjunction with FY 2022 Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and authorizing the Mayor to execute said documents. Submitted By: Randy Bennett, Public Works Manager 3. FY2021 CIP Pipelining Phase IVA2 Project, Contract No. 1043. 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, specification form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to Waste Management Services Department for review. Submitted By: Brian Bowman, Treatment Operations Supervisor RESOLUTIONS Page 5 of 319 4. Resolution approving an Encroachment Agreement with Misty Southworth to allow for a 6-foot high fence, at 114 Berkshire Road, to be constructed 10-feet onto the City right-of-way of Russell Road, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 5. Resolution approving a Video Wall Procurement Agreement with Radio Communications/RC Systems of Waterloo, Iowa, in conjunction with the Traffic Control Room Project (Iowa DOT grant project number STP-U-8155(755)--70-07 ), in the amount of$82,596.52, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 6. Resolution approving an Engineering Service Agreement with Shive-Hattery, Inc., of Cedar Rapids, Iowa, in conjunction with W. 9th and South Street Intersection Roundabout Project, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 7. Resolution approving a permanent easement agreement with Koelker Properties, LLC, to dedicate a permanent easement, over a portion of property located at 3180 West Airline Highway, for sanitary sewer and utility purposes, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 8. Resolution approving an Acquisition Contract with Lost Island Real Estate L.C. to acquire 7,281 square feet of right-of-way and approving a temporary easement on 38,180 square feet for Hess Road and East Shaulis Road for $2,094.98 and up to $2,000 in closing costs, located on property south of 4550 Hess Road, East of 2225 East Shaulis Road, 5049 Hess Road, 2546 East Shaulis Road, and east of 2546 East Shaulis Road, in conjunction with the Shaulis Road reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Aric Schroeder, City Planner 9. Resolution approving Acquisition Contract with Lost Island Theme Park Inc., to acquire 2,270 square feet of right-of-way and approving a temporary easement on 63,338 square feet for East Shaulis Road for $1,118.49 and up to $1,000 in closing costs, located at 2600 East Shaulis Road, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Aric Schroeder, City Planner 10. Resolution approving an Acquisition Contract with Lost Island Water Park Inc., to acquire 9,656 square feet of right-of-way and approving a temporary easement on 12,715 square feet for the intersection of Hess Road and East Shaulis Road for $4,152.45 and up to $1,000 in closing costs, located at 2225 East Shaulis Road, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Aric Schroeder, City Planner 11. Resolution approving the second Amendment to Development Agreement and Minimum Assessment Agreement with 6 Comm Properties, LLC, originally executed September 8, 2015 and amended July 13, 2020, adjusting completion dates and incentive package, and authorizing the Mayor and City Clerk to execute said document. Page 6 of 319 Submitted By:Noel Anderson, Community Planning and Development Director 12. Resolution supporting the application by 6 Comm Properties, LLC for the Iowa Workforce Housing Tax Incentives Program to construct seventy-six (76) new housing units located near the northeast corner of 6th Street and Commercial Street. Submitted By:Noel Anderson, Community Planning and Development Director 13. Resolution supporting the application by Prairie Rapids, LLC, for the Iowa Workforce Housing Tax Credit Program and approving a Development Agreement to construct twenty-four (24) new housing units located near the southeast corner of Kimball Avenue and Ridgeway Avenue. Submitted By:Noel Anderson, Community Planning& Development Director 14. Resolution approving a Post Bid General Contractor Quality Assurance Questionnaire Policy For Vertical Infrastructure Projects. Submitted By: Jerome Amos, Ward 4 Council Member ORDINANCES 15. An ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, After Hours Business License, of Chapter 3, Amusements, Title 3, Business and License Regulations, and enacting in lieu thereof a new Section 3, After Hours Business License, of Chapter 3,Amusements, Title 3, Business and License Regulations. Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, After Hours Business License, of Chapter 3, Amusements, Title 3, Business and License Regulations, and enacting in lieu thereof a new Section 3, After Hours Business License, of Chapter 3, Amusements, Title 3, Business and License Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Martin Petersen, City Attorney 16. Amendments to the Automated Traffic Enforcement Ordinance Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code of Ordinances by repealing Subsections E, F, and G of Section 4, Automated Traffic Enforcement, Chapter 1, Traffic Code, Title 6, Motor Vehicles and Traffic, and enacting in lieu thereof new Subsections E, F, and G of Section 4, Automated Traffic Enforcement, Chapter 1, Traffic Code, Title 6, Motor Vehicles and Traffic. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Kelley Felchle, City Clerk ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:35 p.m. Council Work Session, Harold E. Getty Council Chambers Page 7 of 319 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board meeting minutes of May 2021. 2. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Matthew D. Andersen, 10 Year Fire Engineer, effective June 4, 2021 with recommendation of approval of payout of$10,081.44 for unused benefits. 3. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Joseph Junk, 10 Year Engineer, effective June 14, 2021 with recommendation of approval of payout of$4,656.19 for unused benefits. 4. Communication from the Waterloo Public Works - Sanitation Department on the notice of the conclusion of employment for Jay Jordan, Solid Waste Technician, effective June 11, 2021 with recommendation of approval of payout of$7,266.62 for unused benefits. 5. Communication from the Waterloo Public Library Department on the notice of the conclusion of employment for Nicholas Rossman, Director, effective June 11, 2021 with recommendation of approval of payout of$12,966.04 for unused benefits. 6. Certified List for the position of Natural Resources Technician for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on June 18, 2021. 7. Certified List for the position of Golf Course Maintenance II for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on June 18, 2021. 8. Certified List for the position of Associate Engineer for the City of Waterloo, Iowa Engineering Department Department, as certified by the Civil Service Commission on June 18, 2021. Page 8 of 319 CITY OF WATERLOO Council Communication Minutes of June 21, 2021, Regular Session, as proposed. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of June 21, 2021 Backup Material Submitted by: Submitted By: Page 9 of 319 June 21, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 21, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos, Ward 4 Council Member 160132 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, June 21, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 160133 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, June 7, 2021, and the Special Meeting on Friday, June 11, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Recognition of Todd Derifield for 30 Years of Service. PUBLIC COMMENTS Martin Culpepper, 1731 Cottage Grove, Maywood, questioned if every city department has a formal complaint form. If they do not have a formal complaint form they should have one. Jessica Rucker, Main Street Waterloo, thanked everyone for volunteering for My Waterloo Days. Forest Dillavou, 1725 Huntington Road, questioned how the decision was made to change the design of the police vehicles. Chief Fitzgerald explained that he made the decision based on feedback from command staff and rank and file and that the rebranding committee was voting on the patch, not the vehicles. Mr. Morrissey commented that there was some discussion of downtown policing while he was on vacation. He had some ideas, which include downtown beat cops and more interaction of officers with the community by alternative modes of transportation, such as by horse, Segway, and bicycle. Chief Fitzgerald commented that beat related policing has been implemented. He explained changes made specifically to downtown policing. Mrs. Klein commented that a lot of people have contacted her about where the new emblem on the cars came from because many people thought it would have the new patch design. She questioned why the city would not be more involved in what is on its police cars. Chief Fitzgerald explained that it is his experience that city's do not get that involved in what is placed on the police cars. Mr. Morrissey commented that he really likes the design on the new police vehicles. Mayor Hart questioned if the new patch will appear on the new uniforms. Chief Fitzgerald confirmed. Mr. Grieder commented that some people have gotten into the holiday spirit early and wanted to remind people that it is not yet ok to set off fireworks. Mrs. Juon commented that it was nice to see in the Courier a positive editorial article about the changes happening in the community. 160134 - Juon/Amos Page 10 of 319 June 21, 2021 Page 2 that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 160135 - Juon/Feuss that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated June 14, 2021, in the amount of$2,823,674.37 and June 21, 2021, in the amount of$12,723,858.00, 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. 2021-419. 2. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $130,000 for the year ending June 30, 2021 to finance administrative expenses and the contract with Main Street Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2021-420. 3. Resolution approving the use of East Waterloo Unified(Logan Area)Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $25,000 for the year ending June 30, 2021 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2021-421. 4. Resolution approving the use of East Waterloo Unified(Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed$45,000 for the year ending June 30, 2021 to finance administrative expenses and the contract with Grow Cedar Valley. Resolution adopted and upon approval by Mayor assigned No. 2021-422. 5. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2021 to finance administrative expenses, including the Grow Cedar Valley contract. Resolution adopted and upon approval by Mayor assigned No. 2021-423. 6. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $85,000 for the year ending June 30, 2021 to finance administrative expenses and the contract with Grow Cedar Valley. Resolution adopted and upon approval by Mayor assigned No. 2021-424. 7. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $20,000 for the year ending June 30, 2021 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2021-425. 8. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2021 to finance administrative expenses and the contract with Grow Cedar Valley. Resolution adopted and upon approval by Mayor assigned No. 2021-426. Page 11 of 319 June 21, 2021 Page 3 9. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed$6,500, for platting and engineering services for the Waterloo Air and Rail Park 2nd Addition, in the MidPort area. Resolution adopted and upon approval by Mayor assigned No. 2021-427. 10. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, for a contract with AECOM Technical Services, Inc., in an amount not to exceed $129,800, for engineering and design services for the Cedar River Marina District. Resolution adopted and upon approval by Mayor assigned No. 2021-428. 11. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, for a contract with Shakespeare Lighting Design, LLC, in an amount not to exceed $6,312.50, for design services for the River Lighting Project. Resolution adopted and upon approval by Mayor assigned No. 2021-429. 12. Resolution authorizing the fund transfers outlined below to comply with state law: :TO FROM ;AMOUNT � . - - - - - - - - - - - - - - - - - - - - - - - - - PURPOSE - - - - - - - - - - - -- - - - - - - - - - - 'r - - - - - - - - - -: - - - - - - - - - - - - - - -i General Fund Trust&Agency $8,619,067.00 Employee benefits Fund : - - - - - - - - - - - • - - - - - - - - - - - - - - 0 - - - - - - - - - - - - - - - - - - - - - - -i General Fund Trust&Agency : $ 664,061.53 Emergency levy Fund i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -' ;Debt Service ;Tax Increment ; $2,908,523.34;TIF share of General Obligation Fund Financing Fund :principal and Interest ;Debt Service ;Sewer Fund ; $5,263,970.76:Sewer share of General Obligation ;Fund ;principal and interest ,- - - - - - - - - - - - - - - - - 'f - - - - - - - - - -: - - - - - - - - -, - - - - - - - - - - - - - - - - - - - - - - -, Debt Service Iowa 1$ 99,820.00 Reimburse Debt Service Fund for ;Fund ;Reinvestment ;reinvestment district funds received ;District Fund ;planned to be used to pay principal :for the 2017C bond issue ' '- - - - - - - - - - - -' - - - - - - - - - - ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' ;Capital Projects ;Tax Increment ;$ 44,765.25 ;San Marnan Ansborough Avenue ;Fund ;Financing Fund ; ;improvements Capital Tax Increment $1,236,082.44 iSan Marnan property acquisition ;Projects Fund ;Financing Fund i- - - - - - - - - - - -r - - - - - - - - - - 'r - - - - - - - - - -i - - - - - - - - - - - - - - - - - - - - - - -i Capital Projects Tax Increment : $ 17,079.01 Northeast Site wetland delineation iFund Financing Fund i :and mitigation : •- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -• - - - - - - - - - - - - - - - - - - - - - - -i :Capital Projects :Tax increment $1,000,045.00 East Waterloo Unified- Payment to Tund Financing Fund North Crossing for land and i :development grant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J - - - - - - - - - - - - - - - - - - - - - - - Resolution adopted and upon approval by Mayor assigned No. 2021-430. 13. Resolution approving a RISE grant application for an Immediate Opportunity Project, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application,providing financial assurances in conjunction with same, accepting responsibility for the 1 Ith Street bridge replacement, for a total project cost of$8,923,952.00 and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-431. 14. Resolution approving Variance to Noise Ordinance request from Chris Kremer on behalf of UNI Gallagher Bluedorn, in conjunction with the Orange Neighborhood Block party, to be held in Lichty Park on July 23, 2021, from 5:00 p.m. - 10:00 p.m., including a live band and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2021-432. Page 12 of 319 June 21, 2021 Page 4 15. Resolution approving Variance to Noise Ordinance request from Cedar Valley Irish Cultural Association, in conjunction with the Iowa Irish Fest event, to be held on August 6-8, 2021, in and around Lincoln Park and surrounding streets to include a noise variance for the duration of the festival. Resolution adopted and upon approval by Mayor assigned No. 2021-433. 16. Resolution approving Variance to Noise Ordinance request from Akeem Carter, in conjunction with the 1 Love 1 Community event, to be held on August 21, 2021, in Lincoln Park from 4:00 p.m. - 9:00 p.m., including a DJ and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2021-434. 17. Resolution approving award of bid to KW Electric, Inc. of Cedar Falls, Iowa, in the amount of$699,750, and approving the contract contact, bond and certificate of insurance in conjunction with the Downtown Traffic &Fiber Optic Interconnect Project and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-435. 18. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of$312,862.50, and approving the contract,bonds and certificate of insurance, in conjunction with the FY 2021 Upton Avenue and Carriage Hill Drive Stormwater Improvements, Contract No. 1010, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-436. 19. Motion approving Final Quantity Summary for a net decrease of$12,708.62, in conjunction with the Waterloo Regional Airport Water Main Improvements -Phase I, Contract No. 1033, and authorizing the Mayor and City Clerk to execute said document. 20. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $241,807.26, in conjunction with the Waterloo Regional Airport, Water Main Improvements -Phase I, Contract No. 1033, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-437. 21. Resolution approving request of Brandon Johnson for a waiver for a concrete driveway, located at 225 Auburn Street, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-438. 22. Resolution approving request of Matthew Gibbon for a waiver for a concrete driveway, located at 231 Lichty Blvd., with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-439. 23. Resolution approving request from Larry Krienert for a waiver to use colored concrete in the sidewalk section of the concrete approach located at 125 Sidehill Drive. Resolution adopted and upon approval by Mayor assigned No. 2021-440. b. Motion to approve the following: Page 13 of 319 June 21, 2021 Page 5 1• Travel Requests Name &Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Jeremiah Luck, Digital Full Print Lee's Summit, August 23- $1,374.00 Equipment Commercial Workshop+ MO 25, 2021 Operator Color Change Introduction b. Kelly Martin, Healthy Homes Principles Children's June 22- $500.00 Rehabilitation and Environmental Mercy Kansas 24, 2021 Specialist Assessment Training City-virtual training. 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Anton's Volks Haus, 324 E. 4th C Liquor w/Outdoor Renewal 1/2/2022 x Street Service and Catering b. Ari'z, 504 Sycamore Street *6 C Liquor w/Outdoor New 10/31/2021 x months* Service c. Benevolent&Protective Order C Liquor w/Outdoor Renewal 6/30/2022 x of Elks #290, 407 E. Park Service/Catering Avenue d. Briqhouse Bar& Grill, 307 W. C Liquor w/Outdoor Renewal 7/21/2022 x 5th Street Service e. Broadway Liquor, 821 E Liquor/B Wine/B Renewal 6/10/2022 x Broadway Street Native Wine/C Beer f. Dollar General Store#7136, 66 B Wine/C Beer Renewal 2/28/2022 x E. Tower Park Drive g. Hickory House, 315 Park Road C Liquor Renewal 5/23/2022 h. Kwik Star#715, 1636 W. 4th C Beer Renewal 7/29/2022 x Street i. Light House Lounge, 1307 W. C Liquor Renewal 6/28/2022 5th St. j. Metro Mart#1, 3201 W. 4th C Beer Renewal 6/30/2022 x Street k. Metro Mart#4, 2332 Falls C Beer Renewal 6/30/2022 x Avenue 1. Michoacana Meat Market, 1215 C Beer Renewal 4/26/2022 x Franklin Street m. Olive Garden#1489, 1315 E. C Liquor Renewal 5/28/2022 x San Marnan Drive n. Panchero's Mexican Grill B Wine/C Beer Renewal 3/31/2022 x w/Outdoor Service o. Placita, 321 W. 4th Street C Beer Renewal 6/12/2022 x p. Risque' Gentlemen's Club, 301 C Liquor Renewal 5/27/2022 W. 4th Street q. Rudy's Tacos-Beer Hall-Lava C Liquor w/Outdoor New 9/27/2021 x Lounge, 2401 Falls Avenue Service *Adding Outdoor Service* r. Speedy Mart, 926 Linn Street B Wine/C Beer New 3/31/2022 x s. Steamboat Gardens, 1740 Falls C Liquor Renewal 6/13/2022 Avenue t. Walgreen's#7455, 111 W. E Liquor/B Wine/ C Renewal 6/16/2022 x Ridgeway Avenue Beer u. Walgreens #10855, 1850 Logan E Liquor/B Wine/C Renewal 6/12/2022 x Avenue Beer Page 14 of 319 June 21, 2021 Page 6 v. Walgreens# 03590, 3910 E Liquor/ B Wine/ C Renewal 6/16/2022 x University Avenue Beer 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Gwenne Berry Airport Board June 30, 2025 Re-Appointment Scott Voigt Airport Board June 30, 2025 Re-Appointment Douglas Rathburn Airport Board June 30, 2025 New Sharon Droste Metropolitan Transit June 30, 2024 New Authority Board Metropolitan Transit Bonetta Culp Authorit Board June 30, 2024 Re-Appointment Rudy Jones Metropolitan Transit June 30, 2024 7Re-Appo Authority Board 4. Motion approving Recycling Yard License Applications as listed in Exhibit A. 5. Motion approving Theatre License Permit Applications as listed in Exhibit A. 6. Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A,and authorizing the City Clerk to approve any Cigarette/Tabacco applications received and paid for, between June 21, 2021 and July 2, 2021. 7. Motion to approve application for Fireworks Display at Sunnyside Country Club, 1600 Olympic Drive, on July 4, 2021, from 10:00 p.m. - 10:30 p.m. 8. 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 25 &26 and July 9, 10, 23 & 24, 2021,beginning at approximately 9:15 p.m. and lasting 5-10 minutes. 9. Motion to approve application for Mayor's Fireworks Display at Park Avenue Bridge on July 3, 2021 beginning at 10:00 p.m. and lasting approximately 20 minutes. 10. Motion to approve Application for Fireworks Display at the Bamboo Ridge Camp Ground, in conjunction with the July 4th Celebration, to be held on July 3, 2021 with an alternate date of July 4, 2021, beginning at approximately 9:20 p.m. and lasting 15 minutes. 11. Motion approving Change Order No. 1 for a total increase of the project of$336,220, for the continued reconstruction of Taxiway B at Waterloo Regional Airport, supported at 100%by the Federal Aviation Administration, which takes the cost of this phase of the project from $4,116,725 to $4,452,945 due to quantity adjustments of materials based on field measurements. 12. Bonds. Roll call vote-Ayes: Six. Nays: One (Klein on Risque license). Motion carried. PUBLIC HEARINGS 160136 - Morrissey/Amos that proof of publication of notice of public hearing on Lease Agreement for a ten-year period with 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), as published in the Waterloo Courier on June 14, 2021,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Page 15 of 319 June 21, 2021 Page 7 160137 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160138 - Morrissey/Amos that "Resolution approving a lease agreement for a ten-year period with 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), with a lease amount per month of$6,035.08", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-441. 160139 - Amos/Feuss that proof of publication of notice of public hearing on Ridgeway Towers Boiler Replacement Project, Contract No. 2021-1, as published in the Waterloo Courier on June 7, 2021,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 160140 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160141 - Amos/Feuss that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned the price difference between the two bids. Jake Connor, Modus Engineering,provided an explanation of the bids received. Resolution adopted and upon approval by Mayor assigned No. 2021-442. 160142 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Tony's Plumbing ° Base: $264,584 Cedar Falls, IA 5�° Alt: $51,472 Plumb Tech Inc. Base: $89,990 Waterloo, IA 5% Alt: $15,978 Voice vote-Ayes: Seven. Motion carried. 160143 - Amos/Feuss that "Resolution approving award of bid to Plumb Tech, Inc., of Waterloo_,Iowa, in the amount of $105,968_,approving contract,bonds, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-443. 160144 - Morrissey/Amos that proof of publication of notice of public hearing on FYE 22 Police vehicle equipment needs, as published in the Waterloo Courier on June 17,2021,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 16 of 319 June 21, 2021 Page 8 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 160145 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 160146 - Morrissey/Amos that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned the number of vehicles in the fleet and how many are getting this package. Chief Fitzgerald provided an explanation of the contract. Resolution adopted and upon approval by Mayor assigned No. 2021-444. 160147 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $14,470.00 per Vehicle Bidder Bid Amount Karl Emergency Vehicles Des Moines, IA $15,830.62 Iowa Emergency Vehicle Installs $14,860.45 Keltek Incomplete Bid Baxter, IA Electronic Engineering Waterloo, IA $14,470.00 Voice vote-Ayes: Seven. Motion carried. 160148 - Morrissey/Amos that "Resolution approving award of bid to Electronic Engineering of Waterloo, Iowa, in the amount of$14,470 per vehicle, and approving the contract for the FYE 22 Police vehicle equipment needs, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-445. RESOLUTIONS 160149 - Klein/Feuss that "Resolution approving Waterloo Airport Board recommendation for airline fee waivers, for expanded air service development at the Waterloo Regional Airport",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-446. 160150 - Klein/Feuss that "Resolution approving a Professional Services Agreement with Main Street Waterloo, in the amount of$60,000, for Fiscal Year 2022, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned the budget for Main Street Waterloo last year. Page 17 of 319 June 21, 2021 Page 9 Noel Anderson, Community Planning and Development Director, commented that the amount was $60,000 which is the same as last year. Resolution adopted and upon approval by Mayor assigned No. 2021-447. 160151 - Klein/Feuss that "Resolution approving general, automobile, public official's errors and omissions, law enforcement and employment practices and umbrella liability coverage with Travelers Insurance, excess umbrella liability coverage with Allied,property insurance coverage with Chubb, and workers compensation and third party administration services with Safety National, for a total premium of $1,563,779, with recommendation of approval from the Insurance Committee", be adopted. Roll call vote-Ayes: Seven. Motion carried. Kelley Felchle, City Clerk, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-448. 160152 - Feuss/Grieder that "Resolution approving Temporary Easement Agreement with GLP Capital, L.P. (Isle Casino) in the amount of$0.00(donated), in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4ffi Street, requested an update on the project. Jamie Knutson, City Engineer, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-449. 160153 - Feuss/Grieder that"Resolution approving a request by the City of Waterloo,to dedicate 0.61 acres of Waterloo Board of Park Commissioners owned property, as right-of-way as part of the Shaulis Road Reconstruction Project, located at 1830 East Shaulis Road(South Hills Golf Course)", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-450. 160154 - Feuss/Grieder that"Resolution approving a temporary construction easement agreement with Hajoca Corporation to allow access for the Carriage Hill Drainage Improvements Project,located at 3310 University Avenue, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-451. 160155 - Morrissey/Amos that "Resolution approving a Stormwater Easement Agreement with St. Edward's Church in conjunction with the construction of a storm sewer and detention basin in Miller Park, to be maintained by St. Edward's Church", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-452. 160156 - Morrissey/Amos that "Resolution approving an Enterprise License agreement with Environmental Systems Research Institute, Inc., of Redlands, California, in the amount of $55,000 annually for 3 years for ESRI Geographic Information Systems (GIS) software on an unlimited basis, and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Page 18 of 319 June 21, 2021 Page 10 Resolution adopted and upon approval by Mayor assigned No. 2021-453. 160157 - Morrissey/Amos that"Resolution approving the Construction Engineering Services Agreement with Willett,Hoffmann & Associates, Inc., of Cedar Rapids Iowa, in conjunction with the Downtown Fiber and Camera Project(DOT Project Number STGB-SWAP-8155(769)--SG-07),in an amount not to exceed$38,700, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-454. 160158 - Morrissey/Amos that "Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in the amount of$425,303, for the Fiber-Optic OSP 100% (70% remaining) Design of a Fiber Backbone Network, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-455. 160159 - Grieder/Amos that "Resolution approving 3% salary increases for The American Federation of State, County and Municipal Employees Local 1195(Engineers and Planners Group); The American Federation of State, County and Municipal Employees Local 1195 (Police Lieutenants and Code Enforcement Officers); The Communication Workers of America; International Association of Fire Fighters LOCAL 66; TEAMSTERS Local 238; Waterloo Police Protective Association; Construction and Public Employees UUNA LOCAL 177 and Non-Bargaining employees, effective July 1, 2021, with wage increases for July 1, 2022 noted",be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, commented that his wages on social security have not gone up this much but fees and taxes are going up as well. He lives on a fixed income and cannot afford these salary increases. He stated that 50% of the employees do not live in Waterloo and do not help support the increase they are getting. He encouraged the city to move to a merit raise system. Forest Dillavou, 1725 Huntington Road, commented that he does not have a wag or salary coming in but those at the top continue to get big increases. He believes his renters are maxed out and so he feels he cannot pass the increase along to them. He pointed to rental inspection fees and noted that people have to pay the fee but the properties are not getting inspected. Mr. Grieder commented that he has and would continue to advocate for a cost of living increase for social security that matches inflation,but council is not in charge of social security. He explained that he values what our city employees do and that he will be voting to approve this resolution. Mr. Morrissey questioned what would happen if the city were to turn down the agreement. Dave Zellhoefer, City Attorney, commented that the unions are in favor and it is legal as presented. Mr. Morrissey questioned if the increase for non-bargaining employees would be for one year or two. Mayor Hart clarified it would be for one year. Lance Dunn, Human Resource Director, clarified the union agreement is separate from the non- bargaining. Resolution adopted and upon approval by Mayor assigned No. 2021-456. ORDINANCES 160160 - Feuss/Grieder Page 19 of 319 June 21, 2021 Page 11 that"an ordinance amending the City of Waterloo Traffic Code by Amending Section 553,No Parking Here To Corner, By adding Subsection (19a) Cedar Bend Street, to Section 553, of the 2020 Traffic Code, as follows: Cedar Bend Street - North Side of Virginia Street in an Easterly direction", be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160161 - 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. 160162 - Feuss/Grieder that"an ordinance amending the City of Waterloo Traffic Code by Amending Section 553,No Parking Here To Corner, By adding Subsection (19a) Cedar Bend Street, to Section 553, of the 2020 Traffic Code, as follows: Cedar Bend Street - North Side of Virginia Street in an Easterly direction", 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. 5604. 160163 - Grieder/Amos that"an ordinance amending the City of Waterloo Traffic Code by adding Subsection(93a),East Side of Leversee Road to Section 543, Thru Streets, to the 2020 Traffic Code, as follows: Leversee Road (East Side) - Northerly corporate limits to West Airline Highway", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160164 - Grieder/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. 160165 - Grieder/Amos that"an ordinance amending the City of Waterloo Traffic Code by adding Subsection(93a),East Side of Leversee Road to Section 543, Thru Streets, to the 2020 Traffic Code, as follows: Leversee Road (East Side) - Northerly corporate limits to West Airline Highway", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5605. ADJOURNMENT 160166 - Juon/Grieder that the Council adjourn at 6:38 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 20 of 319 CITY OF WATERLOO Council Communication Proclamation declaring July 10, 2021 as Latino Heritage Day. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type ❑ Latino Heritage Day Backup Material Submitted by: Submitted By: Page 21 of 319 CITY OFWATERL00, IOC PROCLAMATION WHEREAS$ according to U.S. Census Bureau data, more than 5% of Waterloo residents identify themselves as being of Hispanic or Latino descent; and 'WHEREAS, the City of Waterloo is proud to be home to a broad and diverse Hispanic and Latino community that contributes greatly to the social, cultural, economic, and political strength of the community; and 'WHEREAS, Hispanic and Latino citizens represent leaders in politics, business, education, the arts, entertainment, the military, science, technology, athletics, medicine, and law, and are critical to building a stronger nation for future generations; and WREREAS, we commemorate the essential contributions, sacrifices, and accomplishments that Hispanic and Latino Americans have made to the United States throughout our nation's history; and WHEREAS, as we build a community that is open and welcoming to all, a special celebration has been planned to be held at the RiverLoop Amphitheatre, on July 8, 9, and 10,2021. Nom, THEREFORE, I, Mayor Quentin Hart, do hereby proclaim July 10, 2021, as LATMO IREWAGE DAY And encourage all Cedar Valley citizens to participate in FIESTA: A CELEBRATION OF LATINO CULTURE at the RiverLoop Amphitheatre. IN I&ITNESS 1AIERE0F I have here unto set my hand and caused the official seal of the City of Waterloo, Iowa to be affixed this 6t' day of July 2021. ATTEST: Kelley Felcl Quentin Hart City Clerk Mayor Page 22 of 319 CITY OF WATERLOO Council Communication Swearing in of new Police Officer recruits City Council Meeting: 7/6/2021 Prepared: Submitted by: Submitted By: Page 23 of 319 KELLEY FELCHLE From: Kendra Wyatt Sent: Tuesday, July 6, 2021 11:21 AM To: QUENTIN HART; KELLEY FELCHLE Subject: FW: Website Contact Request From: ED STOFFER <ED.STOFFER@WATERLOO-IA.ORG> Sent: Tuesday, July 6, 2021 11:20 AM To: Kendra Wyatt <Kendra.Wyatt@WATERLOO-IA.ORG> Cc: Agnes Kress <Agnes.Kress@WATERLOO-IA.ORG> Subject: FW: Website Contact Request Firework email From: noreply@revize.com <noreply@revize.com> Sent: Monday, July 5, 20218:19 AM To: Subscribers <subscribers@waterloo-ia.org> Subject: Website Contact Request Name = Jody Fitzpatrick Address = 1115 Kern St false City_Town = Waterloo Stat_Prov = IA Phone = 3194152301 Email = jodyjf1956(a)gmail.com Comments = Last night's fireworks from my neighbor caused a grass fire.Please reconsider the ordinance for futu Client IP = 173.23.43.177 KELLEY FELCHLE From: Charity Heide <CharityHeide@msn.com> Sent: Tuesday, July 6, 2021 10:29 AM To: comments Subject: For Council Meeting 7/6 Please read during the oral comments section in today's City Council meeting. Good afternoon, all. I'm writing this to bring a voice from the disability community to the fireworks conversation. There are many in this community, myself included, that have disibilities that make experiencing firework displays extremely difficult. I have a medical condition that has affected my neurological response to sights, sounds, smells, etc. They are amplified and can quickly become painful and overwhelming for me. I also like to say that my startle reflex is broken, meaning that I often have an exaggerated, physical response to stimuli. Even if I try to anticipate and brace for it, my response is not one I can control. I also struggle with chronic migraine. I am sure that you can understand how this combination of symptoms could make fireworks difficult or almost unbearable for me. I am quite sure that my experience is not unique. I'm also sure that others in our community have more extreme and unpleasant responses to fireworks than I do. Before the legalization of consumer fireworks in town, it was easy enough to simply choose to not attend fireworks demonstrations. Yes, they could still often be heard throughout town, but the impact of that was generally minimal, and time -bound. In the years since consumer use of fireworks were allowed, people like me no longer have the option of opting out to limit our exposure. our peace, comfort, and health are now placed in the hands of our neighbors. It seems these neighbors - and our community at large based on our fireworks laws - value the ability to have fun and express their freedoms over the well-being of everyone in the community. Even if you do not have a disability that heightens the discomfort of fireworks personally for you, I'd be willing to bet that you were impacted in some way by fireworks over this weekend, even if you did not choose to be. Your neighborhoods sounded like war zones. Your pets were in hiding. You probably swept up fireworks "dust" from your porches and decks and picked up firewoks trash in your yard. Maybe you even sustained damage to personal property, like our household did. I understand that enforcement is an issue, since the legal sale of consumer fireworks in the cannot be prevented. I applaud the efforts the Council has made so far in partnership with the WPD and look forward to that continuing. However, despite knowing we still have work to do there, I'm urging Council to reconsider the legality of consumer use of fireworks in this community. The rights of some shouldn't have to come at the expense of all. My hope is that this Council will consider all of their constituents. Who is being heard, and who isn't? Who is being helped, and who is being harmed? Attachment descriptions: • Brand new teak patio table with singe marks from hot firework debris, shot from 3 houses down • Small sample of debris collected in our yard, included for size reference 1 Respectfully, Charity Heide My name is Carrie Lewis and I live at 1207 Edgewood Drive. I am writing to express my concerns and disappointment in our city. Specifically concerning the way that the city has decided to handle fireworks. I understand that people are tired of talking about it and my complaints are the same as others who have voiced their concerns. But, after yet another holiday filled with anxiety and being unable to enjoy my own home, I believe it needs to be addressed To be clear, I support the sale of fireworks and in no way want to stop someone who has a business here in Waterloo from making a living. And I support people's choice to spend their money on whatever they choose to spend it on, including fireworks. What I disagree with is that we are allowing those fireworks to be shot off by people with no training or education on how to safely discharge a firework and we are allowing them to do it in a residential neighborhood, increasing the potential for safety issues by 100%. Not everyone is physically or financially able to leave their home during the hours that we currently allow fireworks to be used in Waterloo as some people have suggested we do. And to be honest, we should not have to leave our home so that someone else can enjoy an extra curricular activity. I would also ask those same people ... where would we go? There isn't anywhere that we could have gone this weekend where fireworks were not being used. Some neighborhoods are worse than others and some neighborhoods only have a few people taking advantage of the city fireworks ordinance. And some of those people are ignoring the ordinance altogether and just doing whatever they want. I love my country and my goal is not to take away someone's freedom to have fun, but I do think that we have our priorities wrong. Our city has struggled for decades with certain issues and mental health is at the top of that list. We can no longer ignore the part of our population in our city that is adversely affected by an activity that is not essential to surviving day to day. And some of our population in Waterloo is struggling. We see it on the news every day. People are acting out to get their voices heard. Because maybe they tried doing things the right way and no one listened. I am using my voice today to speak up for those of us in Waterloo that dread this holiday each year. It shouldn't be that way. We shouldn't have to worry about being in our homes or yards and suddenly having what sounds like a bomb or a gun go off next door. That has happened to me and I can tell you it has a very negative affect on myself and on my pets and it's not right. What it is, is harassment. Something that I thought we did not allow in our city. Beyond the noise issue, there is the issue of all of the leftovers. What I call fireworks garbage. After only 3 hours of sleep because of fireworks, I spent at least 2 hours of my holiday picking up after my neighbors on Monday morning. I have a bucket full of trash that rained down on my yard, roof and vehicles. There are ashes of multiple colors and textures all over my driveway and deck and vehicles. This does nothing to make our city beautiful. And in my opinion is a city sanctioned way for one neighbor to harass another neighbor. There is also nothing in the ordinance that holds people accountable forthis part of shooting off fireworks and at the very least you as a council need to address this issue before next year. Our police and fire departments and code enforcement work very hard to keep our city safe and clean and it seems like this is making theirjobs harder. Both the enforcement of the ordinance and the aftermath that people are left to clean up. Also something to note is the fact that our state is currently in a moderate drought and honestly I believe that it was an irresponsible decision to allow fireworks this year. In our situation there is a property that runs behind the houses on our street that has grass over 2 feet tall in places. One misplaced firework and that could easily catch fire. It is definitely a safety concern. The city council deciding to focus on people having the "right" to explode mini bombs, several hundred yards from where their neighbors are trying to sleep instead of focusing on the safety and mental health of our residents... seems irresponsible and thoughtless. And yes I know that an actual bomb is much more destructive, but they are still explosives, and I'm not sure there is a better way to describe what I experienced this weekend. Having said all of that, I heard someone say once that if you are going to complain about an issue, you should at least come up with a possible solution to the problem. So while I was lying awake being accosted by extremely loud fireworks at midnight on Sunday night, I pondered some changes or options that I would like to propose: 1. First on my list would obviously be to not allow fireworks to be shot off within city limits or in a residential neighborhood. (Our neighbors in Cedar Falls seem to survive the holiday without exploding everything in sight.) 2. Instead of a fine for shooting off fireworks when not allowed, give the offenders community service hours. That way, the city also gets the benefit of an extra volunteer or two or more. Something that is desperately needed in our city. 3. Look into purchasing or utilizing a property that the city already owns, to make a "fireworks range". Similar to a gun range, only it would be a free to use site where residents could come safely shoot off fireworks till the cows come home. There could also be a large parking lot behind where the fireworks are being shot off so that people could come and watch if they wanted to. That way, the people that want to participate in the festivities can enjoy the fireworks and those that do not want to be a part of any of it, can stay in their homes and go about their lives. You could make this a feature that only Waterloo offers. It could actually be a fun addition to our city. Obviously there are most likely legal issues that would need to be addressed. But if you were to tell me that it is too dangerous and too much of a liability for the city to operate a fireworks range, I would respond by wondering what makes it less dangerous and less of a liability for it to happen right next door to my home? I assume, like anywhere else these days, that you could post signage saying that the city is not liable for any injuries that occur at the sight. Having said all of that I just want to say that I appreciate the opportunity to express my opinion and my concerns today. I hope that you as a council will remember what you have been asked to do. I also hope that our city can start focusing on making our city a safe place for ALL of our residents, no matter where you live in our city. And that we all remember what a diverse community that we live in. I want to live in a city that is accepting of all of its residents, not just a select few. Thank you. 0 a 4 -� j '_�t 's " , a 'Oval ?veceh+-rJ- onS WPD Response to Fireworks (June 1st -July 5th) Total Calls 300 Total Citations Issued 28 Total Citations Pending 2 Overtime Enforcement Dates July 3rd calls 41 July 3rd citations 4 July 4th calls 60 July 4th citations 9 July 5th calls 33 July 5th citations 5 Regular Shift Enforcement June 30-July 2nd Calls 166 June 30-July 2nd Citations 10 'tAATr=KLQ0 F'+%ICe ! F ARTMENT Neiehborhood Police Officer (NPO) Monthly Report Officer Name: Jesse Aitchison Patrol Ward/Beat: Firework Project -- - Monthear:- u Y-2021 -- Council-Ward:-Clie#or-ap-her-e-to-enter-text--.------- Watch: I1 Date Activi Comments/Notes 07/05 Firework Complaint - W21-053635 Responded to a firework complaint at 924 Grant Ave. Approximately 40 minute time delay. Upon arrival no one Was outside or in the general area. No evidence of fireworks connected to one residence or person. Unable to determine the time at which the firework was set off. 07/05 Firework Complaint - W21-053649 Responded to a firework complaint in the area of W 111 St, Williston St, and Linwood Ave. Drove through the area and located fireworks being lit off near the intersection of Grant and Linwood. I observed a subject outside the residence of 1424 Grant Ave, where the fireworks came from. The subject admitted to lighting the fireworks and was cited. 07/05 Firework Complaint - W21-053657 Responded to a firework complaint in the 1100-B1k Langely Rd. Approximately 10 minute time delay. Upon arrival no one was outside or in the general area. No evidence of fireworks connected to one residence or person. 07/05 Firework Complaint- W21-053639 Responded to a firework complaint at 3466 Hammond Ave. Other officers were on scene and observed juvenile subjects lighting fireworks. The juvenile subjects fled from officers on foot. Officers were unable to identify the juvenile subjects. I cleared the area while other officers stayed on scene. 07/05 Firework Complaint- W21-053677 Responded to a firework complaint at 1824 Cornwall Ave. Upon arrival no one was outside or in the general area. No evidence of fireworks connected to one residence or person. Officers did not observe an signs of fireworks. i 41htATERLCK7 POLICE DEPARTMENT 0 Neishborhood Police Officer (NPO) Monthly Report Officer Name: Keefe Williams Patrol Ward/Beat: Y4 Monthffear-July 5 2E?21 uuffrdl d-e or tap here . Watch:3 Date Activity Comments/Notes 7/5121 Fireworks patrol No fireworks calls WATERLOO. POLICE VEPARTMgNt if' Neishborhood Police Officer (NPO) Monthly Report Officer Name: A,Herkelman Patrol Ward/Beat: Fireworks — --vlonth/3C-ear:-C—kcl-ar-tap-here-t-o-enter-text. Eouncil %rd: C—liM or I*ap here-te-enter teat. W atch:7/5/2123 00-03 00 Date AqiYLtY Comments/Notes W21-053663 800 block Black Hawk Rd. complaint of fireworks in the area, Checked Black Hawk from Fletcher to Ansborough, Solar & Lunar. No evidence of fireworks found, all quiet upon officer arrival. Drove through known problem areas for fireworks including Highland park neighborhood, W10, Ravenwood Rd. area, Wl area between Ansborough/Fletcher/218/University. No fireworks or evidence of fireworks. Neighborhood Police Officer (NPO) Monthly Report Officer Name: Hereid Patrol Ward/Beat: Fire Works �nsnt ar;-7/5/3' 8ouneil-W-nd.C—lick-or-tap-herefio entertXt. Watch:IH 7/5/21 Fireworks 3466 Hammond. 42 minute delay. No active fireworks, no debris. Returned at 23:30 and saw kids lighting them off. All suspects ran to Ravenwood Apts. One into 1303 Ravenwood, unknown what apartment. Returned for extra attention at 00:00. no activity. WATERLOO POM9'VEPART-MENT Neilzhborhood Police Officer (NPO) Monthly Report Officer Name: Steven Bose Patrol Ward/Beat: Firework detail (zero tolerance) Monthll(ear7,44/2 1Gouns ll�ard city wig Watch:Watch III 2300-0300 Date AgLAW Comments/Notes 7/4/21 W21-53266 Officer Initiated, citation issued, were shooting off fireworks caught on car camera and body camera lots of firework debris in the fire station parking lot 2 subjects standing getting ready to shoot off additional fireworks 2 issued 7/4/21 W21-53288 Officer Initiated, citation issued, were shooting off fireworks caught on car camera and body camera lots of firework debris, still had fireworks going off when I pulled up and several more to set off 1 issued 7/4/21 W21-53260 Calls for service about firework complaint (138 Chicago), no lights on, no firework debris, there were other calls in the area of Reber 7/5/21 W21-53296 Calls for service about firework complaint Sullivan/Summit, no firework debris, there were people out but no evidence of fireworks. there were other calls in the area of Reber 7/5/21 W21-53301 Firework complaint all.quiel on arrival debris in the parking lot unsure when it was lit off. Extra attention 7/5/21 W21-53265 Calls for service about firework complaint (2825 Lafayette), no lights on, no firework debris 7/5/21 W21-53330 Officer Initiated, citation issued, were shooting off fireworks caught on car camera and body camera lots of firework debris, still had fireworks going off when I pulled up and several more to set off 1 issued 7/5/21 W21-53278 Calls for service about firework complaint (2525 E 4th), no lights on, no firework debris 7/5/21 W21-53320 Loud Party 1600blk of Columbia nothing located 7/5/21 W21-53344 & W21-53348 Assist patrol with weapon violation (CIT Call) 212 E 9' Street and then a separate firearms complaint at 3300 Idaho 7/5/21 W21-53361 Saw and heard fireworks going off in the area of Broadway and Parker from a distance away. I drove closer and waited for additiaonal fireworks to be shot off but nothing happened. I checked the area but didn't locate anything WATERLOO POLICE DEPARTMENT 4_ Neighborhood Police Officer (NPO) Monthly Report Officer Name: Marc Jasper Patrol Ward/Beat: Fireworks �,?onthlA' ....j ^n--1 Geune-i1W--ard: Watch: II Date Activi Comments/Notes W21-053287 Officer Initiated. Citation Issued. Set off on property in front of me. W21-053290 Officer Initiated. Warned and Advised. Caught prior to setting off fireworks. W21-053257 CFS did not have a specific location. W21-053300 Officer Initiated. Citation Issued. Set off in presence of officer in the roadway. W21-053258 CFS did not have a specific location. All quiet on arrival. W21-053274 CFS did not have a specific location. All quiet on arrival. W21-053289 CFS did not have a specific location. All quiet on arrival. W21-053318 Officer Initiated. Citation Issued. Set off in street and observed by me. W21-053276 CFS Debri is in the middle of the road. Nobody is out when I arrived. W21-053277 CFS Connected to W21-053276 W21-053271 CFS did not have specific location. All quiet on arrival. aaro P� e D, -7 ) LI W21-053261 CFS did not have specific location. All quiet on arrival. W21-053284 CFS Connected to W21-053261. W21-053280 CFS did not have specific location. All quiet on arrival. W21-053345 CFS was unable to locate the fireworks. Sounded like it was coming from Cedar Valley Soccer Complex Area. Page 2 of 2 WATERLOO POLICE Ce,PARTMENT 0 Neiehborhood Police Officer (NPO) Monthly Report Officer Name: Kye J Richter Patrol Ward/Beat: Fireworks � Month/Year; 7l4!31 Goumeil—Warfl Cli+elf or-tap-herieto en to*t. Watch,Click or tap here to enter text. Date AgIlifty Comments/Notes 7/4 @ 2326 W21-053281 & W21-53239 Fireworks complaint, while there turned into a disorderly and welfare check. Two people admitted to fireworks but it was before 1 1pm. Advised to clean it up or be cited in the morning. Apartment complex. 2341 W21-53298 & W21-53297 Observed fireworks being set off at 1114 Langley and 1112 Langley. Both parties cited. 0010 W21-53314/W21-53285 Large amount of debris in the deadend and parking lots. Unable to find any evidence linking anyone. 0034 W21-53282 1300 Vermont Fireworks Complaint. Unable to locate anything. 0053 W21-53337 1232 Wallgate firework complaint. Located suspects at rear of 1235 Magonolia. Cited. 0045 W21-53338 (Self Initiated) West Ridge and Ridgeway. Unable to located location. 0113 Weapon Call- CIT Male with baseball bat. CIT. 0138 Weapon Call- D/A Issue Helped secure suspect, 0200- 0245 E4 area Checked the E4 area after hearing some. Could not locate. Neizhborhood Police Officer (NPO) Monthly Report Officer Name: S. Thomas Patrol W r /Beau City Wide Month/Year: July 3 2021 Council Ward: Click or tap here to enter text. Watch:II Date Agivlly Comments/Notes W21.052871 515 Candlewick Citation Given W21-052876 700blk Baltimore Citation given Angela Jensen was highly upset about the citation being given, advised she felt targeted and how unfair it was when several others were shooting off fireworks as well, she was given my card and advised to speak with someone from City Council W2-1052901 706 Baltimore Citation was given, resident was very upset about receiving a citation W21-052906 138 Chicago ALl quiet upon arrival W21-052920 1.92 W. 10th Quiet on arrival W21-052883 1300blk Upton Quiet on arrival WA.7:ERL00 POLICE I:atvF*J4A`I'fM ENT Neighborhood Police Officer (NPO) Monthly Report Officer Name: Marc Jasper Patrol Ward/Beat: Fireworks � �antl - eav julTS"� 2021 Council WArd. Watch: II Date ctivi Comments/Notes W21-052889 CFS had. no specific location. Drove the neighborhood and no fireworks were going off. W21-052908 Nobody outside and no signs of fireworks being set off on the property. Bodycam video. W21-052917 Set off fireworks in the street and after 2200 hours. Citation issued. Bodycam and In Car Video, W21-052910 All quiet no signs of fireworks being set off, W21-052902 All quiet. i W21-052880 No signs of fireworks being set off. CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 19, 2021 to review the proposed funding recommendations set forth by the Community Development Board for the FY 2022 One-Year Action Plan, for the CDBG and HOME program funds, for the Waterloo/Cedar Falls Consortium, and instruct the City Clerk to publish notice. City Council Meeting: 7/6/2021 Prepared: 6/9/2021 Resolution setting date of public hearing as July 19, 2021 to review the proposed funding recommendations set forth by the Communitv SUBJECT: Development Board for the FY 2022 One-Year Action Plan, for the CDBG and HOME program funds, for the Waterloo/Cedar Falls Consortium, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: We request authorization to set the date for the public hearing on July 19, 2021. A draft is available at the Community Development Office. Summary Statement: A 30-day comment period was advertised from March 1-31, 2021 on the proposed plans. No comments have been received to date. Expenditure Required: CDBG and HOME funds Source of Funds: The Community Development Board approved the FY22 recommendations on February 16, 2021. Page 24 of 319 CITY OF WATERLOO Council Communication Resolution setting date of bid opening as July 22, 2021 in conjunction with the Traffic Control Room Remodel Project, Iowa DOT Project Number STP-U-8155(755)--70-07, and instruct the City Clerk to publish notice. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ Plans Backup Material ❑ Project Manual Backup Material Resolution setting date of bid opening as July 22. 2021 in conjunction with SUBJECT: the Traffic Control Room Remodel Project, Iowa DOT Project Number STP-U-8155(755)--70-07, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution. This small room remodeling involves removing a door to convert the wall to Summary Statement: a solid wall, removing cabinets, removing carpet, some electrical wiring and cables for intemet and outlets, re-carpeting, painting, installing new furniture, and incidentals. Expenditure Required: $65,000 Source of Funds: Federal Highway Grant Funds and Bond Funds Policy Issue: Strategy:2.2: Enlist all City Departments and staff members in efforts to promote a safer community. Alternative: n/a Background Information: This is a second letting attempt. The first attempt did not produce any bids. The DOT has asked us to try a second letting. Page 25 of 319 TOTAL SHEETS LV PROJECT NUMBER DOT#: STP-U-8155(755)-70-07 Q O ♦^ CV BLACK HAWK COUNTY Z J y H � W Q J PLANS OF PROPOSED IMPROVEMENTS TO THE CITY OF WATERLOO TRAFFIC CONTROL CENTER REMODEL W U()VVA 7% 0 oc 0 6H7 e Z J c) 11sm O LU 1 U Q O , 1 =800=292=8989 V �' CITY OF WATERLOO www.iowaonecall.com Know whays below. M U-) Call before you dig. W a 625 GLENWOOD STREET , WATERLOO , IA LO F- V- CERTIFICATIONS W00 o ARCHITECT OZ1 I HE RE BY C ERTIFY THAT T HE PORTION OF TH IS TECHNICAL n � kI 11f SUBMISSION DESCRIBED BELOW WAS PREPARED BY ME OR UNDER J // MY D IR ECT SUPERVISION AND RESPONSELE CHARGE. IAM A DULY PROJECT LOCATION \ �jrC. I LICENSED ARCHFECT UNDER THE LAWS OF THE STATE OF IDVLIA- _ 1 1106119 1 1:16 AM WSIGNATURE DATE L . ALAN L PRINTED OR TYPED NAME Alan L Weskamp WIESKAMP — '~ 5461 LICENSE NUMOER2019 r e 5 + y I { y MY LICENSE RENEWAL DATE IS JUNE 30, PAGES,SHEETS OR DIVISMS COVERED BY THIS SEAL: ry'I , w a1 { lll Ga4NDAMEETS ILL- IN %L N l 6 ELECTRICAL ENGINEER k. I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I _ 44 AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS e � T4In u I u I, ' nri OF THE STATE OF IOWA. y s I, r� SIGNATURE DATE - 4 Matthew K.Gordon _ yy PRINTED OR TYPED NAME w Y loom or ft a � L r LICENSE NUMBER 19216 # P MY LICENSE RENEWAL DATE IS DECEMBER 31, 2019 i PAGES,SHEETS OR DIVISIONS COVERED BYTHIS SEAL: E SHEETS SHEET INDEX GENERAL 0000 COVER SHEET G001 PROJECT GENERAL INFORMATION L a 0002 MOUNTING HEIGHTS AND ELEVATIONS ARCHITECTURAL A101 FLOOR PLANS _ - J ELECTRICAL E100 FIRST FLOOR LIGHTING AND POWER PLAN NORTH S-H PROJECT NO.: 2182080 SHIVEHATTERY 222 Third Avenue x319.3e .4 Cedar www.shi e-hatta5com CITY OF WATERLOO DOT #: STP-U-8155(755)-70-07 SHEET NAME: COVER SHEET- ISSUED FOR QUOTE SHEET NO. : 0000 319.364.0227 I fax 319.364.4251 � www.shive-hattery.com A R C H I T E C T U R E + E N G I N E E R I N G Iowa I Illinois I Indiana I Missouri Page 26 of 319 GENERAL NOTES ACCESSIBILITY NOTES MECH . & PLUMBING NOTES ABBREVIATIONS DOT#: STP-U-8155(755)- 70-07 1. EACH CONTRACTOR IS RESPONSIBLE FOR CHECKING ALL CONTRACT DOCUMENTS, FIELD 1. ALL WORK REQUIRED TO MEET ACCESSIBILITY REQUIREMENTS SHALL COMPLY 1. ALL NECESSARY MECHANICAL, PLUMBING,AND FIRE PROTECTION DESIGN ABV Above CONDITIONS AND DIMENSIONS FOR ACCURACY. THE CONTRACT DOCUMENTS ARE WITH THE THE 2010 AMERICANS WITH DISABILITIES ACT GUIDELINES (ADAAG)AND ALL AND CONSTRUCTION SHALL BE THE SOLE RESPONSIBILITY OF THE GENERAL AC Air Conditioning ID Inside Diameter COMPLEMENTARY, AND WHAT IS REQUIRED BY ONE SHALL BE BINDING AS IF REQUIRED BY STATE AND LOCAL ACCESSIBILITY REQUIREMENTS. CONTRACTOR. WHERE REQUIRED BY THE AUTHORITIES HAVING JURISDICTION, ACT Acoustical Tile INS Insulate, Insulated, Insulation ALL. IF THERE ARE ANY QUESTIONS REGARDING THESE OR OTHER COORDINATION THIS SHALL INCLUDE DESIGN DRAWINGS, CALCULATIONS, AND/OR ADD Addendum INT Interior QUESTIONS, THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING A CLARIFICATION FROM 2. ALL DOORS LEADING TO REQUIRED ACCESSIBLE ROOMS AND SPACES SHALL BE DOCUMENTATION BY A LOCALLY LICENSED PROFESSIONAL ENGINEER HIRED BY ADJ Adjacent IW Indirect Waste THE ARCHITECT PRIOR TO SUBMISSION OF BIDS OR PRIOR TO PROCEEDING WITH WORK. A MINIMUM OF 3'-0"WIDE, HAVE LEVER OPERATED HARDWARE, HAVE A MAXIMUM ADJT Adjustable IWV Indirect Waste Vent THE GENERAL CONTRACTOR. GENERAL CONTRACTOR SHALL BE SOLELY 1 OPERATING FORCE OF 5 LBF, AND FULLY COMPLY WITH ALL APPLICABLE ACCESSIBILITY RESPONSIBLE FOR OBTAINING ANY NECESSARY MECHANICAL, PLUMBING,AND AFF Above Finished Floor JT Joint 2. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE REQUIREMENTS OF THE STATE REQUIREMENTS. FIRE PROTECTION PERMITS. ALT Alternate AND LOCAL MUNICIPAL CODES AND ALL OTHER APPLICABLE GOVERNING AUTHORITIES. ALUM Aluminum 2. MECHANICAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL FIELD APPROX Approximate KW Kilowatt 3. THE FLAME SPREAD RATINGS AND SMOKE DEVELOPMENT RATINGS OF ALL MATERIALS COMPLETED WORK COORDINATION WITH OTHER TRADES TO ALLOW FOR THE PROPER INSTALLATION APX Approximate SHALL CONFORM TO ALL APPLICABLE CODES AND GOVERNING AUTHORITIES. LAM Laminate ARCH Architectural OF ALL MECHANICAL EQUIPMENT OR DEVICES. Architect(ural) LAV Lavatory 4. ALL WORK NOTED "BY OTHERS" OR"N.I.C." IS TO BE ACCOMPLISHED BY THE OWNER'S 1. DURING HANDLING AND INSTALLATION, CLEAN AND PROTECT 3. MECHANICAL CONTRACTOR SHALL COORDINATE LOCATION OF ALL AUTO Automatic LT Light SEPARATE CONTRACTOR AND IS NOT TO BE PART OF THE CONSTRUCTION AGREEMENT CONSTRUCTION IN PROGRESS AND ADJOINING MATERIAL IN PLACE. APPLY ACCESS PANELS IN CEILINGS OR WALLS WITH GENERAL CONTRACTOR AND BD Board MAS Masonry EACH CONTRACTOR IS TO COORDINATE WITH "OTHER" CONTRACTORS AS REQUIRED. PROTECTIVE COVERING WHERE REQUIRED TO ENSURE PROTECTION FROM INFORM THE ARCHITECT OF PROPOSED LOCATION FOR APPROVAL PRIOR TO BEL Below MAX Maximum DAMAGE OR DETERIORATION. CONTRACTOR SHALL BE RESPONSIBLE FOR ANY INSTALLATION AND CONSTRUCTION OF NEW WORK. BET Between MECH Mechanical 5. EACH CONTRACTOR SHALL COORDINATE THE LOCATIONS OF ALL WALL REINFORCEMENT DAMAGE TO ALL EXISTING CONDITIONS AND COMPLETED WORK WHILE FULFILLING BIT Bituminous AND BLOCKING PRIOR TO THE INSTALLATION OF THE DRYWALL AND MILLWORK. INSTALL THE OBLIGATIONS OF THIS CONTRACT. BK Brick MT Metal M BLOCKING FOR ALL WALL-MOUNTED ITEMS. ALL BLOCKING SHALL BE CONCEALED. THE MECHANICAL SUBCONTRACTOR SHALL, IN GOOD WORKMANLIKE MIN Minimum MANNER PERFORM ALL WORK AND FURNISH ALL SUPPLIES AND MATERIALS, BILK Block SC Miscellaneous 2. CLEAN AND MAINTAIN COMPLETED CONSTRUCTION AS FREQUENTLY AS MACHINERY, EQUIPMENT FACILITIES, AND MEANS NECESSARY OR PROPER TO BLKG Blocking MMIMasonry Opening 6. PROVIDE CONTROL JOINTS IN CONCRETE, MASONRY, AND DRYWALL AT SPACINGS PER NECESSARY THROUGH THE DURATION OF THE CONSTRUCTION PERIOD.ADJUST PERFORM AND COMPLETE ALL WORK REQUIRED FOR THE REWORKING OF THE BOT Bottom INDUSTRY STANDARDS. LOCATION SHALL BE APPROVED BY ARCHITECT IF NOT SHOWN. AND LUBRICATE OPERABLE COMPONENTS TO ENSURE PROPER FUNCTIONMOV Moveable WITHOUT DAMAGING EFFECTS. MECHANICAL AND TEMPERATURE CONTROL SYSTEMS IN THE REMODELED AREAS. BRG Bearing MRGB Moisture Resistant Gypsum Wallboard ALL WORK SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE PLANS AND BRK Brick NIC Not in Contract 7. EACH CONTRACTOR IS RESPONSIBLE FOR ALL PERMITS, INSPECTIONS, AND FEES. RULES AND REGULATIONS OF ALL AUTHORITIES HAVING JURISDICTION. BSMT Basement 3. FINAL CLEANING IS THE RESPONSIBILITY OF EACH PRIME CONTRACTOR. NO Number 8. DO NOT SCALE DRAWINGS, DIMENSIONS GOVERN. LARGE SCALE DRAWINGS GOVERN CAB Cabinet NTS Not to Scale OVER DRAWINGS OF A SMALLER SCALE. ARCHITECTURAL DRAWINGS GOVERN OVER S DUCTWORK SHALL BE CONSTRUCTED ACCORDING TO THE LATEST CONSTRUCTION NOTES MACNA STANDARDS AND THE LATEST ASHRAE GUIDE AND DATA BOOK. CIPC Cast-in-Place Concrete OA Overall ENGINEERING DRAWINGS. VERIFY DISCREPANCIES WITH THE ARCHITECT BEFORE CJ Control Joint FABRICATION. CJT Control Joint OC On Center 6. CONTROLS, TRANSFORMATION, AND WIRING SHALL BE FURNISHED AND OF Owner Furnished INSTALLED FOR THE COMPLETE OPERATION OF THE HEATING AND COOLING AIR CL Clear OR Owner Furnished and Installed 9. ARCHITECTURAL DIMENSIONS AND DESIGN ARE INDICATED ON ARCHITECTURAL CONDITIONING EQUIPMENT. CLG Ceiling DRAWINGS. IF THE INSTALLATION OF MECHANICAL, ELECTRICAL, OR PLUMBING EQUIPMENT 1. ALL PENETRATIONS IN RATED CONSTRUCTION SHALL BE THE CMU Concrete Masonry Unit OFIC Owner Finished Installed by Contractor INTERFERE WITH COMPLIANCE OF THE ARCHITECTURAL DRAWINGS, NOTIFY THE ARCHITECT RESPONSIBILITY OF EACH CONTRACTOR TO REPAIR AND PATCH TO MAINTAIN THE CO Cased Opening OH Opposite Hand 7. BLANK-OFF RETURN DUCTWORK IN AREAS OF WORK TO PREVENT, DUST, p g BEFORE PROCEEDING. REQUIRED RATING. COL Column OPG Opening AND DEBRIS FROM ENTERING MECHANICAL SYSTEM. COPNG Opening 10. ALL DISSIMILAR METALS SHALL BE GALVANICALLY ISOLATED WHERE REQUIRED BY CODE. 2. ALL WOOD BLOCKING AND FRAMING SHALL BE FIRE RETARDANT TREATED CPTPT Concrete Carpet OTS Open to Structure LUMBER. ALL FASTENERS IN CONTACT WITH FIRE RETARDANT TREATED WOOD CRS Course 11. DRYWALL FINISHING SHALL BE DONE USING SIMULATED FINAL LIGHTING CONDITIONS, SHALL BE GALVANICALLY ISOLATED WHERE REQUIRED BY CODE. ELECTRICAL NOTES CSC Concealed Spline Ceiling PL Plate ESPECIALLY IN AREAS AROUND RECESSED LIGHTING FIXTURES OR AREAS RECEIVING CT Ceramic Tile PLAM Plastic Laminate GLANCING LIGHT COVERAGE, SHALL RECEIVE A LEVEL 5 FINISH. 3. ALL TEMPORARY DOORS SHALL BE 90 MINUTE RATED. ALL TEMPORARY CTSK Countersunk Screw PLAS Plaster BARRICADES ARE TO BE OF 1-HOUR CONSTRUCTION. CW City Water PLYWD Plywood 12. STRUCTURAL INFORMATION ON ARCHITECTURAL SHEETS IS FOR REFERENCE ONLY. 1. ALL NECESSARY ELECTRICAL DESIGN AND CONSTRUCTION SHALL BE THE CH Coat Hook PNL Panel INFORMATION ON STRUCTURAL PLANS AND SPECIFICATIONS SHALL GOVERN, UNLESS MORE SOLE RESPONSIBILITY OF THE GENERAL CONTRACTOR. WHERE REQUIRED BY STRINGENT INFORMATION IS CONTAINED IN ARCHITECTURAL SHEETS. THE AUTHORITIES HAVING JURISDICTION,THIS SHALL INCLUDE DESIGN DET Detail PTD Paper Towel Dispenser COORDINATION NOTES DRAWINGS, CALCULATIONS, AND/OR DOCUMENTATION BY A LOCALLY LICENSED DIM Dimension PTN Partition 13. ALL TRADES ARE RESPONSIBLE FOR INSTALLING THEIR WORK TO ALLOW FOR CEILING PROFESSIONAL ENGINEER HIRED BY THE GENERAL CONTRACTOR. GENERAL DISP Disposal PTR Paper Towel Dispenser HEIGHTS, MECHANICAL WORK, AND LIGHT FIXTURES TO BE LOCATED AS SHOWN ON CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY DISPEN Dispenser PVC Poly. Vinyl Chloride DRAWINGS. INFORM THE ARCHITECT IN ADVANCE IF HEIGHTS OR LOCATIONS CAN NOT BE 1. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR THE COORDINATION OF MECHANICAL, PLUMBING,AND FIRE PROTECTION PERMITS. DO Door Opening PWD Plywood ACHIEVED. PROCEEDING WITH NON-COORDINATED WORK IS WITH THE UNDERSTANDING ALL PARTS OF THE WORK STATED OR IMPLIED SO THAT NO WORK SHALL BE LEFT DPL Disposal THAT ANY COSTS FOR CORRECTIVE MODIFICATIONS WILL BE THE RESPONSIBILITY OF THE IN AN UNFINISHED OR INCOMPLETE CONDITION. 2. ELECTRICAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL FIELD DPR Dispenser R Rubber CONTRACTOR. COORDINATION WITH OTHER TRADES TO ALLOW FOR THE PROPER INSTALLATION DR Door RA Return Air 2. WHERE SPECIAL COORDINATION IS NECESSARY THE GENERAL OF ALL ELECTRICAL EQUIPMENT AND ELECTRICAL DEVICES. DW lRB Rubber Base TRADE PRIORITY SHALL BE AS FOLLOWS UNLESS NOTED OTHERWISE: CONTRACTOR SHALL PREPARE MEMORANDA FOR DISTRIBUTION TO EACH PARTY DWG Drawing REF Refrigerator INVOLVED OUTLINING SPECIAL PROCEDURES REQUIRED FOR COORDINATION. 3. WALL BOXES SHALL NOT BE PLACED BACK-TO-BACK. OFFSET BY 12" DWGS Drawings REFR Refrigerator 1. ELECTRICAL LIGHTING FIXTURES INCLUDE SUCH ITEMS AS REQUIRED NOTICES, REPORTS AND ATTENDANCE AT MINIMUM OR ONE (1) STUD FOR ACOUSTICAL PRIVACY. DWR Drawer REFRIG Refrigerator 2. MECHANICAL GRILLES AND DIFFUSERS MEETINGS. DAPFW Dens Armor Plus Fireguard Wallboard RM Room 3. MECHANICAL DUCTWORK 4. ALL DEVICES AND OUTLETS REMAINING IN SERVICE, IF ANY, IN REMODELED DFP Dry Fog Paint REMOV Removable 4. ELECTRICAL CONDUIT 3. THE GENERAL CONTRACTOR SHALL COORDINATE CONSTRUCTION AREAS ON WALLS TO RECEIVE NEW STUDS, FURRING, OR SHEATHING SHALL BE RP Removable Panel 5. PIPING SYSTEMS ACTIVITIES INDICATED ON CONTRACT DOCUMENTS TO ENSURE EFFICIENT, PROPERLY EXTENDED TO NEW WALL SURFACE, OR RELOCATED AS APPROVED BY ELEC Electrical ORDERLY, COMPLETE AND OPERATIONAL INSTALLATIONS OF EACH PART OF THE THE ARCHITECT. EMER Emergency SHT Sheet 14. THE CONTRACTOR SHALL VERIFY THAT ALL FLOORS ARE IN GOOD CONDITION AND ARE WORK. COORDINATE CONSTRUCTION OPERATIONS THAT ARE DEPENDENT UPON EMR Existing Material to Remove SIM Similar FLUSH WITH ADJACENT FLOORS IN THE SAME AREA. AT THE CONTRACTOR'S EXPENSE, EACH OTHER FOR PROPER INSTALLATION, CONNECTION AND OPERATION. 5. THE ELECTRICAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EQ Equal SL Sliding CORRECT ALL DEVIATIONS WITH THE APPLICATION OF LEVELING COMPOUND BEFORE TEMPORARY LIGHTING AND POWER TO CONSTRUCTION SITE DURING THE EQUIP Equipment SQ Square INSTALLATION OF FINISHED FLOOR COVERING AND/OR EQUIPMENT. VERIFY THAT NEW AND 4. CONFINE OPERATIONS TO AREAS WITHIN CONTRACT LIMITS INDICATED. COURSE OF THIS PROJECT. EXG Existing SR Sheet Rubber OLD FINISHES ARE FLUSH. FEATHER OUT LEVELING COMPOUND APPROXIMATELY 3'-0"TO PORTIONS OF THE SITE BEYOND AREAS IN WHICH CONSTRUCTION OPERATIONS EXIST Existing SS Stainless Steel CONCEAL TRANSITION, MAXIMUM SLOPE 1/4" PER FOOT U.N.O. ARE INDICATED ARE NOT TO BE DISTURBED. 6. THE ELECTRICAL CONTRACTOR SHALL FURNISH ALL LABOR AND MATERIAL EXT Exterior ST Steel NECESSARY TO PROVIDE A COMPLETE INSTALLATION OF ELECTRIC DEVICES AND EP Epoxy Paint STA Station 15. ALL NEW CONSTRUCTION WHICH ENGAGES EXISTING SHALL BE JOINTED IN A CAREFUL 6. THE GENERAL CONTRACTOR SHALL COORDINATE TRADES TO PATCH WIRING IN REMODELED AREAS FOR ALL POWER AND LIGHTING AND OTHER EGG Eggshell STD Standard MANNER BEING PROPERLY ALIGNED AND MEMBERED SO AS TO LEAVE NO EVIDENCE OF FINISHES THAT ARE DAMAGED AS A RESULT OF CUTTING-IN OF WORK. SERVICES AS INDICATED ON DRAWINGS AND AS REQUIRED. STL Steel PATCHING OR JOINTING. STR Structural FCO Floor Clean Out 7. ANY CONCERNS NOT ADDRESSED IN THE CONTENTS OF THESE DRAWINGS 7. THE ELECTRICAL CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS FD Floor Drain STRUCT Structural 16. WALLS CONTAINING FIRE DAMPERS SHALL BE FILLED IN AROUND DAMPERS WITH SHOULD BE BROUGHT TO THE ATTENTION OF THE ARCHITECT AND ENGINEER AND OF ORDINANCES IN EFFECT FOR THE AUTHORITIES HAVING JURISDICTION AND FE Fire Extinguisher STUC Stucco MATCHING MATERIALS PER THE INSTRUCTIONS OF THE MANUFACTURER TO MAINTAIN THE CLARIFIED PRIOR TO THE COMPILING OF BIDS. THE LOCAL UTILITY COMPANY. FEC Fire Extinguisher Cabinet SUS Suspended FIRE-RESISTIVE INTEGRITY OF THE WALL. FIN Finish(ed) SV Sheet Vinyl 8. ALL WIRING, CABINETS, AND SWITCHBOARDS, MOTOR CONTROLS AND ALL FIXT Fixture SG Semi-Gloss 17. IN THE CASE OF CONFLICTING REQUIREMENTS BETWEEN ANY PORTION OF THE OTHER ELECTRICAL EQUIPMENT SHALL BE PERMANENTLY AND EFFECTIVELY FL Floor SC Sealed Concrete CONSTRUCTION DOCUMENTS, THE MOST STRINGENT SHALL APPLY. DEMOLITION NOTES GROUNDED. ALL GROUNDINGS SHALL BE IN ACCORDANCE WITH THE AUTHORITIES FLR Floor(ing) HAVING JURISDICTION AND SHALL MEET THE APPROVAL OF THE LOCAL FLUR Fluorescent THK Thick(ness) 18. ANY DAMAGE TO AREAS INSIDE OR OUTSIDE OF THE PROJECT AREA SHALL BE REPAIRED INSPECTION DEPARTMENT. FOTO Furnished by Owner Installed by Owner TKBD Tackboard TO THE STATUS PRIOR TO CONSTRUCTION AT NO COST TO THE OWNER. TPD Toilet Paper Dispenser 1. ANY DEMOLITION OR REMOVAL INDICATED IS SHOWN IN GENERAL TO FOIC Furnished by Owner Installed by Contractor PROVIDE THE EXTENT OF DEMOLITION AND IS NOT TO BE CONSIDERED ASA 9• ELECTRICIAN SHALL LABEL EXISTING AND NEW BREAKERS AS TO THE FP Fixed Panel TYP Typical 19. WHENEVER THE CONTRACT, THE SPECIFICATIONS, LAWS, ORDINANCES, OR ANY PUBLIC FUNCTION, IN ALL PANEL BOXES. FURN Furnished AUTHORITY REQUIRE ANY WORK TO BE SPECIALLY TESTED OR APPROVED, CONTRACTORS RECORD DRAWING OF EXISTING CONDITIONS. THE CONTRACTOR IS RESPONSIBLE UCR Under Counter Refrigerator FOR IN FIELD VERIFICATION AND COORDINATION WITH THE ARCHITECT PRIOR TO FS Floor Sink SHALL GIVE THE OWNER OR GOVERNING AUTHORITY TIMELY NOTICE OF THEIR READINESS 10. THE CONTRACTOR SHALL RUN WIRING OF THE PROPER SIZE TO ALL FRP Fiberglass Reinforced Polyester FOR INSPECTION AND OF THE DATE FOR INSPECTION IF ANY WORK SHOULD BE COVERED COMMENCING WITH STATED WORK. ELECTRICAL APPLIANCES AND EQUIPMENT AS HEREIN SHOWN, SPECIFIED OR FACP Fire Alarm Control Panel V Vinyl WITHOUT APPROVAL, IT MUST, IF REQUIRED, BE UNCOVERED FOR EXAMINATION AT THE REQUIRED AND SHALL CONNECT SAME. VCT Vinyl Composition Tile CONTRACTOR'S EXPENSE. 2. ALL CONSTRUCTION TO REMAIN WHICH IS AFFECTED BY DEMOLITION VERT Vertical SHALL BE PATCHED, BE PROPERLY ALIGNED AND FINISHED SO AS TO LEAVE NO 11. RELOCATE TO A CONCEALED LOCATION, ALL EXPOSED PIPING AND WIRING GL GA Gage, Gauge VWC Vinyl Wall Covering . EVIDENCE OF PATCHING OR REPAIRREPAIR OR REPLACE ANY EXISTING VACT Vinyl Acoustical Ceilingwashable 20. NEITHER THE FINAL PAYMENT NOR ANY PROVISION IN THE CONTRACT DOCUMENTS NOR TO REMAIN IN SERVICE, WHICH WOULD BE EXPOSED BY DEMOLITION. GV Galvanized y Tile (washable) PARTIAL OR ENTIRE OCCUPANCY OF THE PREMISES BY THE OWNER SHALL CONSTITUTE AN CONSTRUCTION, MATERIALS, OR EQUIPMENT DAMAGED DURING DEMOLITION TO LIKE NEW CONDITION. GWB Gypsum Wall Board WC Water Closet ACCEPTANCE OF WORK NOT DONE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS OR 12. INFORM OWNER FIVE DAYS IN ADVANCE OF POWER SHUT-OFF PERIODS RELIEVE CONTRACTORS OF LIABILITIES IN RESPECT TO ANY EXPRESS WARRANTIES OR OR DISRUPTION OF COMPUTER OR COMMUNICATION LINES. H High RESPONSIBILITY FOR FAULTY MATERIALS OR WORKMANSHIP. AS A GUARANTEE, 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL COSTS OF MATERIAL WD Wood CONTRACTORS SHALL REMEDY ANY DEFECTS IN THE WORK AND PAY FOR ANY DAMAGE TO 13. ALL LIGHTING AND MECHANICAL FIXTURES SHALL BE CENTERED IN CEILING HR Hour Gypsum DISPOSAL AND SHALL DISPOSE OF ALL DEMOLISHED MATERIALS IN COMPLIANCE HP Handicapped WDP Wood Panel on G sum Wallboard OTHER WORK RESULTING THEREFROM, WHICH SHALL APPEAR WITHIN A PERIOD OF ONE GRID TILES UNLESS NOTED OTHERWISE WITH REQUIREMENTS OF ALL AUTHORITIES HAVING JURISDICTION, INCLUDING THE WIN Window . LANDLORD'S REQUIREMENTS FOR REMOVAL FROM THE PREMISES. VERIFY WITH WO Window Opening enin YEAR FROM THE DATE OF FINAL PAYMENT. THE OWNER WILL GIVE NOTICE OF OBSERVED Height p g DEFECTS WITH REASONABLE PROMPTNESS OWNER, TENANT, AND LANDLORD FOR ANY ITEMS TO BE SALVAGED PRIOR TO HVAC Heating-Ventilating-Air-Conditioning WS Wall Sconce REMOVAL. HW Hot Water HWR Hot Water Return 21. SHOULD ANY CHANGES IN THE PLANS AND SPECIFICATIONS BE REQUIRED TO CONFORM 4. CONTRACTOR IS RESPONSIBLE FOR PROTECTION OF ALL FINISHES (TO HM Hollow Metal TO LOCAL AND STATE RULES AND REGULATIONS, CONTRACTORS SHALL NOTIFY THE OWNER REMAIN) IN THE PROJECT AREA. COORDINATE WITH ARCHITECT AND OWNER IN WRITING AT THE TIME OF BID SUBMISSION PRIOR TO DEMOLITION. 22. ALL CHANGES OR DEVIATIONS FROM THE CONTRACT, INCLUDING THOSE FOR EXTRA OR 5. CONTRACTOR SHALL ENSURE THAT DUST AND DEBRIS ARE PREVENTED ADDITIONAL WORK, MUST BE SUBMITTED IN WRITING FOR AN APPROVAL BY THE ARCHITECT FROM ENTERING THE EXISTING HVAC SYSTEM AND ADJOINING SPACES WITH AND OWNER. NO VERBAL ORDERS WILL BE RECOGNIZED. TEMPORARY BARRIERS AS REQUIRED PER THE BUILDING. 23. "ALIGN"AS USED IN THESE DOCUMENTS SHALL MEAN TO ACCURATELY LOCATED FINISH FACES IN THE SAME PLANE. 6. INDICATION OF NEW MATERIALS SHALL INFER ALL REMOVAL OR DEMOLITION AND PATCHING REQUIRED OF EXISTING MATERIALS AND 24. "TYPICAL"AS USED IN THESE DOCUMENTS SHALL MEAN THAT THE CONDITION IS THE SUBSTRATES FOR PROPER ALIGNMENT. MATCH EXISTING FINISHES, UNLESS SAME OR REPRESENTATIVE FOR ALL SIMILAR CONDITIONS, UNLESS NOTED OTHERWISE. NOTED OTHERWISE. DETAILS ARE USUALLY KEYED AND NOTED "TYPICAL" ONLY ONCE, WHEN THEY FIRST OCCUR. 25. IN THE REMODELING AREA, THERE SHALL BE REPAIR AND PATCHING OF ALL INTERIOR DEMOLITION NOTES DRYWALL, PLASTER, OR MASONRY SURFACES WHICH WILL BE EXPOSED, WHERE DETERIORATION, CRACKS, DAMAGE, DENTS, HOLES, OR ANY OTHER DAMAGE HAS OCCURRED. MATCH ADJACENT MATERIALS IF NOT NOTED. 1. ALL NEW AND EXISTING PENETRATIONS IN EXISTING WALLS, FLOORS AND 26. ALL BIDS SHALL INCLUDE PERIODIC AND FINAL CLEANING OF ASSOCIATED CEILING DECKS SHALL SHALL RECEIVE UL AND FACILITY APPROVED FIRE SEALANT CONTRACTOR'S DEBRIS. MATERIALS TO MATCH RATING REQUIREMENT OF AREA BEING PENETRATED. 27. THE INDICATION OF TYPE AND LOCATION OF EXISTING MATERIALS ON THE DRAWINGS 2. GENERAL CONTRACTOR SHALL PROMPTLY INFORM THE OWNER AND AND SCHEDULES IS NOT INTENDED AS EXACT DOCUMENTATION OF IN-PLACE CONDITIONS. ARCHITECT IN WRITING OF ANY HAZARDOUS MATERIALS DISCOVERED DURING THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING EXISTING CONDITIONS BEFORE THE COURSE OF THE WORK AND SHALL ENSURE THAT ANY SUCH MATERIALS ARE SUBMISSION OF BIDS. HANDLED IN ACCORDANCE WITH ALL APPLICABLE REGULATIONS OF THE AUTHORITIES HAVING JURISDICTION. 28. CONTRACTORS SHALL FURNISH OWNER WITH PROOF OF INSURANCE BEFORE STARTING WORK. INSURANCE SHALL INCLUDE WORKMAN'S COMPENSATION, EMPLOYER'S AND COMPREHENSIVE GENERAL LIABILITY. 29. SUBMIT SHOP DRAWINGS, SAMPLES, AND SCHEDULES TO ARCHITECT FOR REVIEW FOR ALL NEW PRODUCTS. REFER TO PROJECT SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS. 30. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SHALL BE AS SPECIFIED IN THE CONTRACT, AND SHALL BE CONSIDERED IN ITS ENTIRETY TO BE A PART OF THESE SPECIFICATIONS. 31. STORE ALL SALVAGED MATERIALS AT LOCATION DESIGNATED BY OWNER. S-H PROJECT NO.: 2182080 SHIVEHATTERY 222 Third Avenue x319.3e .42 Cedarww.shive-hawa52401 com CITY OF WATERLOO DOT #: STP-U-8155(755)-70-57 SHEET NAME: PROJECT GENERAL INFORMATION SHEET NO.: G001 319.364.0227 � fax 319.364.4251 � www.shive-hattery.com A R C H I T E C T U R E + E N G I N E E R I N G Iowa I Illinois I Indiana I Missouri Page 27 of 319 DOT#: STP-U-8155(755)- 70-07 T-5" �'j� 7'-5 1/4" L PT 5 PT3 PT PT5 PT3 LL co i� PT PT1 Z 18" MIN. � m FRONT APPROACH, PULL SIDE 7'-11" 01 01 1/2' 3'-4" 3'-1 1/2" PT1 2"_7PT3 PT3 PT5 TYPICAL DOOR CLEARANCES WALL GRAPHIC PAINT 6' 2 1/2" = 1'-0" 0 3' BOTTOM OF GLAZING IN VISION VISION LITE 43" MAX AFF LITE *OR* 66" MIN AFF OPERABLE DOOR HARDWARE 34" MIN TO 48" MAX AFF VISION LITE O w ~ J O ® m O O Z > O -: a Om Z O O z 00 00X O M SWINGING DOORS SHALL HAVE SMOOTH CLOCK WALL o SURFACE FOR BOTTOM MOUNTED 10" MIN AT PUSH SIDE DOOR ACTUATOR OTHER ACCESSORY REQUIRED MOUNTING HEIGHTSDOOR HARDWARE MOUNTING HEIGHTS 3 1/4" = 1'-0" 0� 6' 4 1/2" = 1'-0" 3' CEILING CEILING WALL WALL TV/MONITOR FIRE ALARM 9"- 12" CABLE/ DUPLEX NOTIFICATION 4'-0" MANUAL DUPLEX WALL DATA00, n n FIRE ALARM AUDIO-VISUAL FIRE ALARM AUDIO-VISUAL FIRE OUTLET TELEPHONE DEVICE MOUNTED 80"A.F.F. DEVICE MOUNTED 80"A.F.F. ALARM OUTLET / / 2" MIN INTERCOM THERMOSTAT SWITCH THERMOSTAT MOUNTED � THERMOSTAT MOUNTED STATION SWITCH LOCATION (p _ I / 54"A.F.F. MAXIMUM I �� 54"A.F.F. MAXIMUM N CD DESK co DUPLEX INTERCOM TELEPHONE OR N \ LIGHT SWITCH MOUNTED \ LIGHT SWITCH MOUNTED OUTLET DATA OUTLET oo ao I 48"A.F.F. 148"A.F.F. OUTLET � 00 \ II \ I FINISHED FLOOR fl FINISHED FLOOR MISCELLANEOUS DEVICES DEVICE LOCATION: LATCH SIDE OF DOOR DEVICE LOCATION:END OF DOOR SWING, HINGE SIDE OF DOOR NOTE:THE DEVICES INDICATED SHALL BE MOUNTED CENTERED NOTE:THE DEVICES INDICATED SHALL BE MOUNTED CENTERED ABOVE EACH OTHER,9"-12"FROM THE DOOR MULLION ABOVE EACH OTHER,48"FROM THE WALL ELECTRICAL DEVICE MOUNTING HEIGHT 5 1/4" = 1'-0" 0I`l6' S-H PROJECT NO.: 2182080 SHIVEHATTE-RY 222 Third Avenue x 9.364.42e 300 Cedarww.shive-hawa52401 om CITY OF WATERLOO DOT #: STP-U-8155(755)-70-57 SHEET NAME: MOUNTING HEIGHTS & ELEAVTIONS SHEET NO.: G002 319.364.0227 � fax 319.364.4251 � www.shive-hattery.com ARCHITECTURE + ENGINEERING Iowa I Illinois I Indiana I Missouri Page 28 of 319 DOT#: STP-U-8155(755)-70-07 AD03 GENERAL CONSTRUCTION NOTES 1. IF COMPLIANCE WITH TWO OR MORE STANDARDS IS — — — — _MAD — — FINISH PLAN SYMBOLS LEGEND SPECIFIED AND THE STANDARDS ESTABLISH DIFFERENT OR — `vl I CONFLICTING REQUIREMENTS FOR MINIMUM QUANTITIES OR I I ROOM NAME QUALITY LEVELS, COMPLY WITH THE MOST STRINGENT 05 -- ROOM NUMBER REQUIREMENT. REFER UNCERTAINTIES AND REQUIREMENTS / AD04 II IA01 THAT ARE DIFFERENT, BUT APPARENTLY EQUAL, TO F FLR1 FLOOR FINISH MATERIAL DESIGNATION II I ARCHITECT FOR A DECISION BEFORE PROCEEDING. II II II B BF1 WALL BASE MATERIAL DESIGNATION 2. ABATEMENT WORK WILL BE UNDER SEPARATE CONTRACT. OBTAIN AND MAINTAIN ON SITE A COMPLETE SET OF ABATEMENT DOCUMENTS, INCLUDING ADDENDA AND WALL ACCENT DESIGNATION AND EXTENTS CHANGES AFTER START OF CONSTRUCTION, FOR REFERENCE AD02 AND COORDINATION BY ALL TRADES. COORDINATE ALL II DEMOLITION AND CONSTRUCTION WORK WITH THE ABATEMENT CONTRACTOR. II II OS 3. OBTAIN AND MAINTAIN A COMPLETE SET OF OWNER- II CPT-1 – FLOOR MATERIAL DESIGNATION PROVIDED EQUIPMENT DOCUMENTS, INCLUDING ADDENDA AD06 II I CPT FLOOR EDGE AND CHANGES AFTER START OF CONSTRUCTION, FOR REFERENCE AND COORDINATION BY ALL TRADES. I I I I II COORDINATE OORD QEQUIPMENT INSTALLER ON INSTALLATION AD04 OF ALL EQUIPMENT. I A01 CPT-1 4. PROTECT ALL BUILDING SYSTEMS, NEW AND EXISTING. COVER II I SUPPLY, RETURN, AND EXHAUST AIR GRILLES, AND PROTECT II OTHER SENSITIVE EQUIPMENT FROM ALL ACTIVITIES RELATED TO THIS CONTRACT. REMOVE PROTECTION AT END OF AD07 CONSTRUCTION. AD01 I AD09 II5. ALL CODE-REQUIRED LABELS SUCH AS "UL", "FACTORY DEMOLITION PLAN SYMBOLS LEGEND MUTUAL", OR ANY EQUIPMENT IDENTIFICATION, �I AD07 II I PERFORMANCE RATING, NAME, OR NOMENCLATURE PLATES II EXISTING WALL PARTITIONS SHALL REMAIN READABLE AND NOT PAINTED OR COVERED BY I OTHER CONSTRUCTION. II TEMPORARY WALL PARTITIONS 6. EACH TRADE SHALL FURNISH AND INSTALL TESTED DEMOLISHED WALL PARTITIONS FIRESTOPPING ASSEMBLIES FOR PENETRATIONS OF THEIR WORK THROUGH FIRE-RATED WALLS AND FLOOR/CEILING II ASSEMBLIES. FIRESTOPPING ASSEMBLIES ARE TO BE INSTALLED BY INDIVIDUAL TRAINED AND EXPERIENCED WITH AD08 II I (D EXISTING DOOR INSTALLATION OF SUCH ASSEMBLIES. DEMOLISHED DOOR ARCHITECTURAL CONSTRUCTION NOTES II II 1. REFER TO DRAWINGS OF ALL TRADES FOR ADDITIONAL III OS INFORMATION REGARDING ITEMS PENETRATING FLOORS, II I WALLS, AND CEILINGS. � II 2. ALL NEW PARTITIONS ARE DIMENSIONED TO FACE OF STUD, \ II I MASONRY, OR CONCRETE COMPONENT UNLESS NOTED OTHERWISE. DIMENSIONS TO EXISTING ELEMENTS ARE TO AD05II I EXPOSED FACE. I ri 'IKEYNOTELEGEND II3. ARCHITECTURAL DIMENSIONS AND DESIGN INTENT ARE KEY NOTE INDICATED ON ARCHITECTURAL DRAWINGS. IF THE AD05 AD04 II I INSTALLATION OF EQUIPMENT FROM OTHER TRADES F A01 PREPARE EXISTING WALLS TO RECEIVE NEW FINISH WHERE INTERFERES WITH COMPLIANCE OF THE DESIGN INTENT, APPLICABLE. NOTIFY THE ARCHITECT BEFORE PROCEEDING. — — — — A02 NEW ACOUSTICAL CEILING TILE AND GRID SYSTEM.ALIGN 4. DO NOT SCALE DRAWINGS; DIMENSIONS GOVERN LOCATION WITH CENTER OF ROOM. OF BUILDING ELEMENTS. IF DIMENSIONS ARE NOT AVAILABLE, 1 DEMOLITION PLAN 2 REFLECTED CEILING PLAN A04 PATCH AND PAINT GYP TO MATCH EXISTING CONDITIONS. CONTACT THE ARCHITECT. A05 ADD NEW VINYL BASE (132)TO MATCH EXISTING ON WALL. 1/2"= V-0" 0� ... 3' 1/2"= V-0" 0' 3' BASE SHOULD EXTEND FULL LENGTH OF EXISTING WALL. CONSTRUCTION NOTES AD01 REMOVE EXISTING CARPET, PREPARE FLOOR FOR NEW CARPET TILE INSTALL. AD02 REMOVE DOOR, FRAME,AND HARDWARE. 1. COORDINATE WITH OWNER FOR LOCATIONS OF WALL HUNG DEVICES REQUIRING BACKING NOT INSTALLED BY QUIP-1 AD03 PATCH WALL TO MATCH EXISTING WALL FINISH. CONTRACTOR. AD04 DEMOLISH EXISTING BASE, PREP FOR NEW. PATCH WALL TO MATCH EXISTING CONDITIONS WHERE NEEDED. 2. FURNISH AND INSTALL UL RATED MATERIALS AT AD05 PATCH WALL TO MATCH EXISTING GYP WALL FINISH. PENETRATIONS THROUGH FIRE-RATED PARTITIONS. REFER TO A05 A04 P2 AD06 DEMOLISH EXISTING CASEWORK, PATCH WALL. UL RATINGS AS INDICATED ON DRAWINGS. PROVIDE P2 AD07 DEMOLISH EXISTING COUNTERTOP, PATCH WALL SUBMITTALS TO LOCAL AUTHORITIES AS REQUESTED. AD08 DEMOLISH EXISTING WALL CASEWORK, PATCH WALL. 3. WHERE STRUCTURAL ELEMENTS INTERFERE WITH FIRE- AD09 DEMOLISH EXISTING CEILING GRID AND CEILING SYSTEM. RATED PARTITIONS, FRAME TOP OF WALL AROUND BNCH-1 DOUBLE 60" UPHOLSTERED BENCH STRUCTURAL ELEMENT. BNCH-2 SINGLE 30" UPHOLSTERED BENCH EQUIP-1 TV MONITORS(OFOI) 4. COORDINATE THE LOCATION OF ALL WALL REINFORCEMENT MA MONITOR ARMS(SEE NOTE BELOWI) AND BLOCKING PRIOR TO THE INSTALLATION OF THE DRY WALL AND MILLWORK. FURNISH AND INSTALL BLOCKING IN WS WORKSTATION (SEE NOTE BELOW) PARTITIONS FOR TOILET ACCESSORIES, GRAB BARS, HANDRAILS, COAT HOOKS, SHELVING, FITTING ROOM PARTITIONS, WALL-MOUNTED EQUIPMENT, SURFACE- MOUNTED STANDARDS OR FIXTURES, MILLWORK, ETC., AS REQUIRED FOR ANCHORING IN DRYWALL PARTITIONS. BLOCKING TO BE FIRE RETARDANT WHERE REQUIRED BY CODE. 5. ANY DAMAGE TO AREAS INSIDE OR OUTSIDE OF THE PROJECT AREA SHALL BE REPAIRED TO THE STATUS PRIOR TO CONSTRUCTION AT NO COST TO OWNER. 6. THE GENERAL CONTRACTOR SHALL BE ULTIMATELY RESPONSIBLE FOR ALL CUTTING, SUPPORTING, AND CONTROL e ��� PATCHING IF NOT COVERED BY A SPECIFIC TRADE. ROOM 01 0O ARCHITECTURAL DEMOLITION NOTES P1 F CPT-1 P1 B B1 WS 1. FIELD VERIFY EXISTING CONDITIONS PRIOR TO START OF DEMOLITION WORK. NOTIFY ARCHITECT IN WRITING OF `< MATERIAL FINISH LEGEND DISCREPANCIES BETWEEN WORK SHOWN IN THE DRAWINGS TAG I MANUFACTURER STYLE COLOR NAME/NO SPECIFICATION REMARKS AND FIELD CONDITIONS ENCOUNTERED. / CARPET DUOTONE TILE 2. TO PROTECT OWNER AND CONTRACTOR, CPTH SHAW CARPET TILE 5T108; CHARCOAL GLUE DOWN ASHLAR INSTALL PHOTOGRAPHICALLY DOCUMENT EXISTING CONDITIONS TO CYAN 07436 REMAIN, PRIOR TO START OF DEMOLITION AND CONSTRUCTION ACTIVITIES. COPY ARCHITECT AND OWNER / RUBBER BASE ON PHOTOGRAPHIC DOCUMENTATION. B1 TARKETT FIELD BASE CHARCOAL 20 4"H 3. OPEN FLAME EQUIPMENT IS NOT PERMITTED FOR REMOVAL TO MATCH OF EXISTING WORK WITHOUT SPECIFIC WRITTEN PERMISSION B2 TARKETT EXISTING FROM THE OWNER. PAINT 4. COORDINATE WITH OWNER ANY ITEMS TO BE SALVAGED. PTI SHERWIN WILLIAMS FIELD COLOR PAINT SW7071 GRAY SCREEN 5. OWNER WILL REMOVE ALL NON-FIXED FURNISHINGS AND 002 BNCH-2 G002 BNCH-2 BNCH-1 PT2 SHERWIN WILLIAMS ACCENT PAINT SW7072 ONLINE EQUIPMENT TM THE START OF CONSTRUCTION UN ESS NOTAREA PRIOR D ED OTHERWISE. 2 2 PT3 SHERWIN WILLIAMS ACCENT PAINT GRAY 3 NETWORK 6. REMOVE FLOOR MATERIALS TO THE EXTENT SHOWN OR PT4 SHERWIN WILLIAMS DOOR FRAM PAINT SW7075 WEB DESCRIBED IN THE DRAWINGS. REMOVAL INCLUDES GRAY ADHESIVES, GROUTING BEDS, ANCHORING DEVICES, SW7757 HIGH ASSOCIATED WALL BASE, ETC. CLEAN AND PREPARE 1'-7 1/4" PT5 SHERWIN WILLIAMS ACCENT PAINT REFLECTIVE... SURFACES FOR INSTALLATION OF NEW FLOOR MATERIALS. PT6 SHERWIN WILLIAMS TO MATCH EXISTING 7. SEE STRUCTURAL DRAWINGS FOR LINTELS AT NEW PENETRATIONS THROUGH EXISTING WALLS. COORDINATE PENETRATION LOCATIONS WITH ASSOCIATED TRADES. FINISHES FLOOR PLAN EQUIPMENT PLAN 8. REQCOOUIRED TORDEE WITH OTHER DEMOLITION OR DES ONSTRTTING CTION.PATCHING REQUIRED FOR DEMOLITION OR NEW CONSTRUCTION. 3 1/2" = V-0" 01" "�3' 1/2" = V-0" 0� 3' S-H PROJECT NO.: 2182080 SHIVEHATTE-RY 222 Third Avenue x 9.364.42e 300 1 1 dar www.shive-hatter401 y.com CITY OF WATERLOO DOT #: STP-U-8155(755)-70-57 SHEET NAME: FLOOR PLANS SHEET NO. : A101 319.364.0227 I fax 319.364.4251 � www.shive-hattery.com ARCH ITECTURE + ENGINEERING Iowa I Illinois I Indiana I Missouri Page 29 of 319 DOT#: STP-U-8155(755)- 70-07 GENERAL INSTALLATION NOTES 37 1. ALL WORK SHALL CONFORM TO OR EXCEED THE MINIMUM REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE (NEC)2017 EDITION. 1 I 2. "(WB/1)" INDICATES MATERIAL LIST. 1 � 13 1 I / 3. "( 1 )" INDICATES KEY NOTE USED TO DESCRIBE ADDITIONAL INFORMATION OF WORK REQUIRED, SPECIFIC TO THE SHEET IT IS SHOWN ON. LL / C 4. ALL WORK SHALL PRESENT A NEAT MECHANICAL APPEARANCE UPON COMPLETION. II II 5. THE ELECTRICAL CONTRACTOR (EC)SHALL PROVIDE ALL LABOR, MATERIALS AND EQUIPMENT REQUIRED TO COMPLETELY INSTALL ALL WORK INDICATED ON THE DRAWINGS. THE EC SHALL II NOT UTILIZE ANY OF OWNER'S EQUIPMENT(SUCH AS LADDERS, LIFTS, FORKLIFTS, BUCKET TRUCKS, ETC.)TO PERFORM THEIR WORK. IIII IIII 6. ALL MATERIALS FURNISHED BY THE EC SHALL BE NEW, COMPLETE WITH MANUFACTURER'S IIII GUARANTEE OR WARRANTY AND SHALL BE LISTED BY UNDERWRITER'S LABORATORIES (UL) INC. NOTE:ALL LIGHT FIXTURES, LIGHTING CONTROL COMPONENTS AND LAMPS WILL BE FURNISHED IIII 15 BY THE OWNER FOR INSTALLATION BY THE EC, UNLESS NOTED OTHERWISE. ALL CONDUIT, IIII WIRING, BOXES, SUPPORTS, ETC. SHALL BE FURNISHED AND INSTALLED BY THE EC TO COMPLETE IIII THE INSTALLATION. IIII 7. THE EC SHALL COORDINATE THEIR WORK SO AS NOT TO INTERRUPT OR PROHIBIT THE DAILY IIII OPERATIONS OF THE OWNER'S STAFF. EC SHALL NOTIFY THE LOCAL FACILITY MANAGER A IIII MINIMUM OF 48HRS IN ADVANCE OF WHERE THEY WILL BE WORKING SO FACILITY STAFF ARE III AWARE OF CONSTRUCTION ACTIVITY. EC SHALL LIMIT THE AREA IN WHICH THEY ARE WORKING TO III MINIMIZE THE IMPACT ON FACILITY STAFF DAILY OPERATIONS. III PT 8. NOISE SHALL BE KEPT TO A MINIMUM AT ALL TIMES SO AS NOT TO DISRUPT FACILITY STAFF AND DUPLEX OUTLET THEIR DAILY OPERATIONS. 9. THE EC SHALL BE RESPONSIBLE FOR THE COMPLETE REMOVAL OF ALL LEFTOVER MATERIALS USED FOR THE INSTALLATION OF NEW LIGHT FIXTURES AND LIGHTING CONTROLS FROM THE III FACILITY. THIS INCLUDES ALL PACKAGING MATERIALS USED TO SHIP NEW LIGHT FIXTURES AND III GONNECTRAX BOX LIGHTING CONTROLS, CONDUIT, JUNCTION BOXES, ETC. TO THE FACILITY. (SUCH AS CARDBOARD IIII PT PROVIDE AND INSTALL CONNECTRAX FLOOR BOX. BOXES, PALLETS, BANDING, SHRINKWRAP AND OTHER PLASTIC PACKAGING, STYROFOAM, ETC.) IIII ` PROVIDE AND INSTALL 1 - 1" EMT CONDUIT TO ACCESSIBLE CEILING IN ROOM IN GENERAL, THE EC IS RESPONSIBLE FOR CLEANING UP AND REMOVING ALL DEMOLITION PROVIDE AND INSTALL 1 - 1 1/4"EMT CONDUIT TO ACCESSIBLE CEILING IN ROOM MATERIALS AND LEFTOVER NEW MATERIALS FROM THE FACILITY. THIS INCLUDES SWEEPING UP IIII AND/OR USE OF SHOP VACUUM TO LEAVE THE FACILITY FREE FROM ANY DEMOLITION AND INSTALLATION DEBRIS. II II 10. THE EC SHALL BE RESPONSIBLE FOR RECYCLING ALL POSSIBLE MATERIALS. THIS INCLUDES ALL II II SCRAP CONDUIT AND WIRE, AND ALL PACKAGING MATERIALS USED TO SHIP NEW MATERIALS TO II II THE FACILITY. II II 3 ISLAND POWER AND DATA ACCESS 11. THE EC SHALL NOT UTILIZE ANY EXISTING DUMPSTERS ON-SITE INTENDED FOR OWNER'S USE. nu II II NOT TO SCALE 12. THE EC SHALL KEEP HIS WORK AREA CLEAN OF ALL DEBRIS ON A DAILY BASIS. EC SHALL PICK UP II II AND SWEEP UP EACH DAY TO AVOID ACCUMMULATION OF DEBRIS. ALL NEW MATERIALS AWAITING LIGHTING FIXTURE SCHEDULE INSTALLATION SHALL BE KEPT IN AREAS DESIGNATED BY THE OWNER. 1 1 GENERAL NOTES: LAMP TYPES (LAMP): MOUNTING STYLES (MTG): 13. ALL ELECTRICAL PANELS WITH ANY BRANCH CIRCUIT/LOAD REVISIONS (DEMOLITION OR NEW j 114 CATALOG NUMBER SHALL NOT BE CONSIDERED COMPLETE AND MATERIAL SHALL NOT BE ORDERED BY MANUFACTURER AND CATALOG NUMBER ONLY. THE WORK) SHALL HAVE A NEW TYPED UPDATED CIRCUIT DIRECTORY CARD INSTALLED INSIDE THE DESCRIPTION AND THE SPECIFICATIONS SHALL BE COORDINATED WITH THE CATALOG NUMBER TO DETERMINE THE EXACT MATERIAL AND ACCESSORIES TO F25T8 = 25 WATT T8 RE = WL=WALL DOOR OF THE ELECTRICAL PANEL. EC SHALL VERIFY THAT ALL UNUSED CIRCUIT BREAKERS ARE T t-jl 16 37 15cd BE ORDERED. THE FIRST MANUFACTURER LISTED IS THE BASIS FOR DESIGN. ALL LAMPS/LIGHT SOURCES FOR THIS PROJECT SHALL BE FURNISHED AND LED = LIGHT EMITTING FLUORESCENT RECESSED TR= URNED 'OFF'AND PROPERLY INDICATED AS 'SPARE' ON THE NEW CIRCUIT DIRECTORY CARD. EC INSTALLED BY THE ELECTRICAL CONTRACTOR UNLESS OTHERWISE NOTED. ALL LIGHT FIXTURES SHALL BE PROVIDED WITH INTEGRAL DISCONNECT(S) DIODE F32T8 = 32 WATT T8 CL= CEILING SUSPENDED SHALL INSTALL BLANK FILLER PLATES WHERE BREAKERS ARE REMOVED AS PART OF THIS 1p 17 4 FACTORY INSTALLED IN ACCORDANCE WITH NEC. REFER TO SPECIFICATIONS FOR SHOP DRAWING SUBMITTAL REQUIREMENTS AND ADDITIONAL FLUORSCENT SURFACE TRACK PROJECT OR HAVE BEEN REMOVED PREVIOUSLY. L INFORMATION. NORTH TYPE DESCRIPTION MTG LAMP SPECIFICATIONS VOLTAGE WATTAGE MANUFACTURER CATALOG NUMBER - EQUIVALENT 14. LINE TYPE KEY: - BOD BOD MANUFACTURERS NEW WORK BY EC. (DARK SOLID LINE) r,—,,POWER DEMOLITION Cl 4.5" SQUARE DIMMABLE LED DOWNLIGHT, SHALLOW HOUSING RECE LED 3500K 60000 HR 120 13 FOCAL POINT FLC44D SO 1000L 120VL11 T LIGHTOLIER-4SN, PRESCOLITE - EXISTING TO REMAIN. LIGHT SOLID LINE) WHITE FLANGE SSED LC44 SQ 1000L 35K DN WH WH LTR-4SQD, EATON - LDSQ4B (LIGHT 1/2"= V-0" 3' NARROW RECESED LED WALLWASH GRAZER FOR GRID LITECONTROL-4LPMC-SS2121 WW1 INSTALLATION LAY-IN LED 3500K 60000 HR 120 44 ELP 444W1DWTB W 35K MLF , DEMOLITION WORK BY EC. (DARK SHORT DASHED LINE) 15. CONDUCTORS USED THROUGHOUT THIS PROJECT SHALL BE COPPER TYPE 'THHN/THWN'. MINIMUM SIZE SHALL BE#12, UNLESS NOTED OTHERWISE. +90 +66 +90"-&+66" � I) `7 1 +90" +66" 17 13 37 15 16. CONDUCTORS COLOR CODE SHALL UTILIZE THE FOLLOWING DEPENDING ON ELECTRICAL DISTRIBUTION VOLTAGE: 17. 208Y/120V 3-PHASE, 4-WIRE: A-PHASE = BLACK +36" B-PHASE = RED :# 14C-PHASE = BLUE +36., NEUTRAL=WHITE a 16 GROUND = GREEN D 14 16 18. CONDUIT IN INTERIOR DRY LOCATIONS SHALL BE TYPE 'EMT'WITH STEEL INSULATED OS COMPRESSION FITTINGS. FIXTURE WHIPS AND MAKEUP TO MOTORS OR VIBRATING EQUIPMENT SHALL BE FLEXIBLE METAL CONDUIT TYPE 'FMC'. FIXTURE WHIPS IN WET LOCATIONS SHALL BE LIQUIDTIGHT FLEXIBLE METAL CONDUIT TYPE 'LFMC'. CONDUIT SHALL BE 3/4" MINIMUM, UNLESS NOTED OTHERWISE. INDIVIDUAL FIXTURE WHIPS BACK TO A JUNCTION BOX MAY UTILIZE 1/2" FLEXIBLE METAL CONDUIT AND SHALL NOT EXCEED 6FT IN LENGTH. 19. CONDUIT SHALL BE RUN PARALLEL AND PERPENDICULAR TO BUILDING WALLS/STRUCTURE AND PROPERLY SUPPORTED TO STRUCTURE. WHERE CONDUIT IS SURFACE MOUNTED TO A WALL AND RUN VERTICALLY DOWN TO A SWITCH/OUTLET BOX, UTILIZE 1-HOLE OR 2-HOLE CONDUIT STRAPS. SPLIT-BOLT OR CADDY CONDUIT CLIPS SHALL NOT BE USED BELOW 12'AFF. WW1 a WW1 a 20. SURFACE MOUNT ALL TOGGLE SWITCHES AT+48" FROM FLOOR TO TOP OF BOX, EXCEPT WHERE OTHERWISE NOTED. TOGGLE SWITCHES MAY BE SURFACE MOUNTED WHEN CONDUIT IS SPECIFIED EXPOSED. 21. NO MORE THAN (3) PHASE CONDUCTORS SHALL BE INSTALLED IN A CONDUIT. EACH BRANCH CIRCUIT SHALL HAVE A SEPARATE FULL-SIZE NEUTRAL CONDUCTOR TO MATCH THE PHASE CONDUCTOR. THERE SHALL BE NO SHARED NEUTRALS. EACH BRANCH CIRCUIT SHALL INCLUDE A 14 16 GREEN EQUIPMENT GROUND CONDUCTOR WITHIN THE RACEWAY FROM THE ELECTRICAL PANEL AND TERMINATED ON THE DEVICE, LIGHT FIXTURE HOUSING, MOTOR HOUSING, ETC. DO NOT RELY b ON CONDUIT OR METAL RACEWAY AS THE GROUND PATH. a =0 22. CIRCUITS SERVING EMERGENCY AND EXIT FIXTURES SHALL BE RUN IN SEPARATE RACEWAY FROM ALL OTHER CIRCUITS. 23. NO ENERGIZED CONDUCTORS SHALL BE EXPOSED AT ANYTIME EXCEPT WHEN THE IMMEDIATE Cl & (D Cl AREA IS UNDER THE SUPERVISION OF A QUALIFIED ELECTRICIAN. b b 24. COMPLETE INSTALLATION SHALL BE AS SUCH TO AVOID IMPEDANCE OF NORMAL OPERATION AND/OR ACCESS TO ELECTRICAL AND MECHANICAL EQUIPMENT FOR ROUTINE MAINTENANCE. 25. PROVIDE PULL, JUNCTION AND OUTLET BOXES IN ACCORDANCE WITH THE NEC. ALL BOXES SHALL BE GALVANIZED STEEL, UNLESS NOTED OTHERWISE. FASTEN BOXES RIGIDLY TO STRUCTURAL SURFACES. PROVIDE ELECTRICAL GROUNDING CONNECTIONS FOR INSTALLED BOXES. OS 26. WHERE CONDUIT MUST BE RUN THROUGH WALLS, EC SHALL BE RESPONSIBLE FOR ALL OPENINGS OR PENETRATIONS. REPAIR ALL OPENINGS TO MATCH EXISTING WALL FINISH. ALL CONDUITS THROUGH WALLS SHALL BE GROUTED OR SEALED INTO OPENINGS. WW1 a WW1 a 37 1 ed F Db Da NORTH NORTH ( �) POWER NEW 4 LIGHTING RCP ` L7 l 1/2" = 1'-0 0 3' 1/2" = V-0" 0�l3' S-H PROJECT NO.: 2182080 SHIVEHATTERY 222 Third Avenue x319.3e .42 Cedarww.shve-hawa52401 com DOT #: STP-U-8155(755)-70-57 SHEET NAME: FIRST FLOOR LIGHTING AND POWER PLAN SHEET NO.: E100 319.364.0227 � fax 319.364.4251 � www.shive-hattery.com A R C H I T E C T U R E + E N G I N E E R I N G Iowa I Illinois I Indiana I Missouri Page 30 of 319 PROJECT MANUAL TRAFFIC CONTROL ROOM REMODEL Waterloo, Iowa Black Hawk County Iowa DOT Project Number: STP-U-8155(755)--70-07 City Project Number: TOF-284-R July 2021 Page 31 of 319 NOTICE TO BIDDERS For the Taking of Bids for TRAFFIC CONTROL ROOM REMODEL Sealed bids will be received by the City Clerk at City Hall,715 Mulberry St,Waterloo, IA 50703 until Thursday July 22,2021 at 1:00 p.m. Proposals will be opened and read aloud in the Waterloo City Clerk's Office in the City Hall,on Thursday July 22,2021 at 1:00 p.m.The bids will be acted upon on a later date after the proposals have been reviewed and approved. Project detail documents are now on file in the office of the City Clerk. City of Waterloo will issue tax exempt certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for this project free of sales tax. This small room remodeling involves removing a door to convert the wall to a solid wall, removing cabinets, removing carpet, some electrical wiring and cables for internet and outlets,re-carpeting,painting,installing new furniture,and incidentals. Everything contained in this notice shall be an integral part of the contract to be awarded.A performance bond will be required. A contract will be awarded to the qualified bidder submitting the most favorable bid considering price among other factors.The City reserves the right to reject any or all bids, re-advertise,waive informalities, and consider proposals along with the bid price. Bids may be held by the City for 30 days from the day of the opening of bids prior to awarding the contract. Contractor will be responsible for adhering to all applicable contract provisions for federal-aid constructions and service contracts required by FHWA, such as 2 CFR Part 200 Appendix II, Buy America, and Form FHWA-1273 requirements. The predetermined wage rates for the State of Iowa, as specified in General Decision Number IA190002 and required by FHWA-1273 Form, are in effect for this contract.The bidder may obtain a copy of this wage rate determination on-line at: https:Hiowadot.gov/construction_materials/Contract-administration#4863112-davis-bacon-information There is no disadvantage business enterprise(DBE)goal. Expected start date is September 1, 2021 and expected completion date is February 1, 2022 plus authorized extensions if any. Liquidated damages will be charged in the amount of $25 per day. A 5% bid security shall accompany the bid in a separate envelope in form of bid bond,cashier's check,or a check drawn on a bidder's commercial account. Interested bidder should submit two separate envelopes and mark them as "Bid Proposal" and "Bid Security". Place both envelopes inside a larger envelope and write the name of project and the bidder's name on it. The video wall is not part of this letting. CITY OF WATERLOO, IOWA Kelley Felchle City Clerk Page 32 of 319 BIDDING PROPOSAL For Locally Let Federal-aid Contracts Type of Work: Interior-Room Remodel Project No.: STP-U-8155(755)--70-07 Letting Date: July 22, 2021 Length(Miles): n a City/County: Waterloo/Black Hawk Location: Public Works Building 625 Glenwood Street Waterloo, Iowa Description of Work: The work generally consists of remodeling 1 room(Traffic Control center)located at the building 625 Glenwood Street Phone Fax E-mail Working Day Contracts Calendar Day Contracts DBE Proposal Working Specified Approximate Late Start Liquidated Damages Goal Guaranty Days Starting Date Starting Date Date Completion Date Per Day %0 5% - - - - February 11 2022 $25 The bidder hereby certifies that no other principal is involved in or has an interest in this proposal;that the bidder has thoroughly examined the plans and specifications and this contract form and is aware of the special provisions contained herein; that the bidder has examined the site of the work and understands that the quantities of work required by the plans and specifications are approximate only and are subject to increases and decreases; that the bidder understands that all quantities of work actually required must be performed and that payment therefore shall be at the unit prices stipulated herein; that the bidder proposes to timely furnish the specified materials in the quantities required and to furnish the machinery, equipment, labor and expertise necessary to competently complete this project by the time specified;that no state or county official or employee has a direct or indirect interest in the contract which would cause violation of Iowa Code Section 314.2;that the bidder has made no agreement with any supplier of motor fuel or special fuel which will result in violation of Iowa Code Section 452A.17(8). If this bid is accepted, Bidder agrees:to perform all"extra work'required to complete the project at unit prices or lump sums to be agreed upon in writing prior to commencement of such"extra work'or, if prior agreement cannot be reached,to perform the work on a"force-account basis"as provided in the specifications;to execute the formal contract within thirty days of the date of approval for award or to forfeit the proposal guaranty furnished herewith;to begin work in accordance with the contract documents and to either complete the work within the contract period or pay liquidated damages,which shall accrue at the daily rate specified above,for each additional working day the work remains uncompleted;and to furnish a performance bond in an amount equal to the contract award as security for the full and complete performance of the contract in accordance with the plans and specifications. Enclosed herewith is a certified check,credit union share draft,cashier's check,bank draft on a solvent bank or a bid bond in the penal sum shown in the contract document as a proposal guaranty. It is understood by bidder that the said guaranty document shall be retained by the Contracting Authority as a forfeiture in the event the formal contract is not executed or performance bond is not furnished if the award is made to the undersigned. The signing of this Bid Document shall serve as an unsworn declaration that, I (the owner, partner, President, other corporate officer, or an authorized representative)hereby certify under penalty of perjury under the laws of the United States and the State of Iowa that I have read, understand,and accept the Bidding Certifications and other provisions contained in the Proposal Notice and the DBE Contract Provisions(if a DBE goal has been set). Proposal of Name of Bidder Street Address City State Zip Code Federal Tax I.D. No. Signatures are to be by authorized agent. If joint venture,each shall sign. Signature Date Signature Date Page 33 of 319 C4010WADOT Form 740384wd (08-04) SCHEDULE OF PRICES Project No. STP-U-8155(755)--70-07 City/County Waterloo/Black Hawk Page No. _ UNIT BIDS MUST BE TYPED OR SHOWN IN INK OR THE BID WILL BE REJECTED. Item on which bid is based Unit Price Amount Line No. (bidder shall show unit price and extension Item Item Item No. for each item and total) Quantity Units Dollars Cents Dollars Cents 1 Remodel Room 1 LS 2 Control Room Workstation 1 LS 3 60"Bench 1 EA 4 30"Bench 2 EA PAGESUBTOTAL BID TOTAL Page 34 of 319 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF ) )SS COUNTY OF ) being first duly sworn,deposes and says that: (1) He is of (2) (Owner, Partner,Office Representative,Agent, Other(explain) ,the Bidder that has submitted the attached bid. (3) He/she is fully responsible for the preparation and contents of the attached Bid and of all pertinent circumstances respecting such bid. (4)Such Bid is genuine and is not a collusive or sham Bid. (5) Neither the said Bidder nor any of its officers, partners, owner, agents, representatives, employees or parties in interest including this affiant,nor any employee or official of the City of Ottumwa, Iowa,or the Owner of the property interested in the proposed contract. (6)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,employers, or parties in interest including this affiant,or by any employee or official of the City of Ottumwa,Iowa. Signed: Title: Subscribed and sworn to me by before me thisday of 120 . Notary Public in and for County,Iowa. Page 35 of 319 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as principal, and , as surety we held and firmly bound unto the CITY OF WATERLOO, Iowa. 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)lf said bid shall be rejected,or in the alternate. (b)lf 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/her 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 city 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 city 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 officers this day of A.D. 20_. (Seal) Principal By (Title) Witness (Seal) Surety By Witness Attorney-in-Fact BID BOND Page 36 of 319 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:that (Name of Contractor) (Address of Contractor) a hereinafter called Principal,and (Corporation,Partnership,or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety,are held and firmly bound unto: City of Waterloo,Iowa (Name of Owner) 715 Mulberry Street, waterloo,Iowa 50703 (Address of Owner) hereinafter called OWNER,in the penal sum of ($ )in lawful money of the United States,forthe 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 this day of , 20 ,a copy of which is hereto attached and made a part hereof for the construction of:CITY OF WATERLOO TRAFFIC CONTROL ROOM REMODEL,Waterloo,Iowa. Now,therefore,if the Principal shall well,truly and faithfully perform its duties,all the undertakings,covenants, terms,conditions and agreements of said contract during the original term thereof,and any extensions thereof which may be granted by the OWNER,with or without notice to the SURETY and during the two(2)year guaranty period,and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so,and shall reimburse and repay the OWNER all outlay and expense which it may suffer by reason of failure to do so,and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default,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 WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in anyway 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 the other beneficiary hereunder,whose claim may be unsatisfied. PERFORMANCE BOND Page 37 of 319 IN WITNESS WHEREOF,this instrument is executed in three(3)counterparts,each one of which shall be deemed an original,this day of 20_ ATTEST: Principal By (s) (Principal)Secretary (SEAL) (Address) (Witness as to Principal) (Address) ATTEST: (s) (Surety)Secretary Surety (SEAL) By Witness as to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership,all partners should execute BOND. PERFORMANCE BOND Page 38 of 319 DISADVANTAGED BUSINESS ENTERPRISE(DBE) There is no Disadvantaged Business Enterprise (DBE) goal set for this project. The City encourages use of DBE firms. Names of qualified DBE firms can be obtained from the Iowa Directory of Certified Disadvantaged Business Enterprises, which is available on the Iowa DOT Office of Employee Services, Civil Rights Team (OES-CRT)website: https:Hsecure.iowadot.gov/DBE/Home/Index/ DBE Program website: https://iowadot.gov/civilrights/disadvantaged-business-enterprise-program-dbe/dbe-program DBE Page 39 of 319 CONDITIONS OF CONTRACT A. Scope 1. This Conditions of Contract, referred to here after as CC, consist of the terms and condition under which the Contract is executed and shall govern the execution of the Contract.This CC sets the terms of the Contract signed by the Contractor and the City of Waterloo. Under this CC all work as described in plans and other parts of the Project Manual shall be complete, in place, ready to be used, and operative.The Contractors work covered by this CC consists of furnishing all labor,equipment and materials and performing all required operations to complete the Contract works. B. Inclusion of Documents 2. It is understood and agreed that this CC is part of the Contract;also the resolution adopted by the City Council approving the construction of the improvement,the Notice to Bidders as published,the Form of Proposal,the Performance Bond, the Council Proceedings relating to this matter, and the Plans and Specifications and all other documents contained in the Project Manual shall all be considered as forming a part of the Contract the same as though they were each set out in said Contract. C. Contractor's Responsibility 3. The Contractor agrees to perform the Contract work and install the improvements on the terms set out in the Contractor's bid or proposal to the City which has been accepted by the City and which is by reference made a part of this CC. 4. The Contractor agrees to commence the work, subject of the Contract, within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before the completion date from the date of Notice to Proceed and any extension of time that is granted by the City. 5. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of the Contact,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. 6. Should any part of any system installed as part of the Contract fail within the warranty period the Contractor shall correct the failure and deliver a working system. In the event of the failure or default of the Contractor to remedy any or all system failures due to defects in said work within the warranty period and starting from the date of its acceptance by said Council,and after having been given ten (10)day notice so to do by registered letter deposited in the United States Post Office,addressed to the Contractor at the address in the Project Manual,then the City may proceed to remedy such defects. The costs and expenses thereof shall be the Contractor responsibility. 7. 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 the Contract, and of the plans, and Project Manual made a part hereof by reference, and to the satisfaction and approval of the City and its Traffic Engineer. 8. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act,omission or negligence of the Contractor or its agents 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 liability insurance in a solvent company in a sufficient amount to protect the City. 9. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. 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 representative. 10. Any material or equipment that 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 Engineer. Conditions of Contract Page 40 of 319 11. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City,the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. 12. The Contractor agrees to pay punctually all just claims of labor, material, 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 and material under the contract. 13. The Contractor agrees to furnish the City,simultaneously with the contract,a bond on a form to be provided by the City in the amount provided by law,which shall be for the benefit of the City,and any and all persons injured by the breach of any of the terms of the 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 the Contract. 14. The Contractor agrees that should it abandon work under the 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. 15. After the completion of said work, the Contractor agrees to remove all debris from City premises and cleanup. The Contractor agrees to a delivering a complete room that is ready for immediate use in a turn-key manner. 16. The Contractor is specifically assigned full responsibility for all work and equipment installed by the Contractor, either permanent or temporary,from the time that the Contractor begins work until final acceptance except when caused by events beyond the Contractor's responsibility. D. Contractor Submissions 17. The Contractor shall submit a list of names of the equipment manufacturer and catalog number or shop drawings of each item he/she proposes to install on the project to the City for approval before any equipment or materials are ordered. 18. Review of shop drawings by the Engineer is for checking for general conformance with the project design concept and Project Manual. Any approval of shop drawings by the Engineer does not relieve the Contractor of responsibility for providing satisfactory materials and equipment meeting the requirements of the plans and Project manual. E. Warranty. 19. The Contractor agrees to warranty the work done and the equipment installed by the contractor for 12 months from the date of final acceptance of the project. F. Payments 20. Progress payments to the Contractor will made based on pay estimates.The Contractor may request monthly estimates of the work performed on the project to be made by the Engineer and be used as the basis for progress payments to the Contractor.An invoice from the contractor shall not be the basis for payment.The contractor should submit an invoice based on what the contractor believes is the acceptable quality and quantity of work to be considered by the Engineer in preparing a payestimate. 21. The City will keep 5% retainage from all payments to the contractor until the project is final accepted by Waterloo City Council at which time the Contractor shall submit a request for release of retainage to the Engineer.The Contractor may submit a request for release of retainage at the same time he/she submits a request for final acceptance of work. 22. Upon receipt of a final acceptance request from the Contractor the Engineer will process a final pay estimate. If the Contractor does not agree with the final amount, the Contractor has 60 days from the date of final acceptance of the project to contest the final pay estimate and provide the Engineer with evidence that the final pay estimate is not Conditions of Contract Page 41 of 319 correct,otherwise the final pay estimate shall be considered approved and acceptable by the Contractor for full compensation for his/her work under the Contract. 23. The bid item quantities may vary up to 20% at the Contract unit prices except for lump sum items and except when it causes the total Contract price to increase or decrease by more than 20%.Increase or decrease of more than 20%of the bid quantities or total Contract price shall require City of Waterloo Council approval. Price changes due to quantity variation of more than 20%will be mutually agreed on by the Contractor and the City. 24. Variation in lump sum item costs shall be approved by the Engineer prior to performance of that work.Variation of more than 20%of a lump sum cost shall require City of Waterloo Council Approval. 25. This project is overseen by Iowa Department of Transportation(DOT).The Contractor understands that City must obtain prior Iowa DOT concurrences and approvals in order to award a contract, process change orders, and make any other major changes or deviations from the project as defined in the Project Manual. 26. The Workstation is expected to be custom-made and may be installed by involvement of entities specializing in control room workstations. Conditions of Contract Page 42 of 319 X- ATTACHMENTS A. List of Attachments 1-Required Contract provisions Federal—Aid Construction Contracts FHWA-1273 2-Appendix II of 2 CFR Part 200 3-Appendix A and Appendix E to the Standard Title VI/Non-Discrimination Assurances. httPs:Hforms.iowadot.gov/FormsMgt/External/131023.pdf 4-Proposal Notice CONTRACT Page 43 of 319 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 Page 44 of 319 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 Page 45 of 319 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex, national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 Page 46 of 319 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 Page 47 of 319 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 Page 48 of 319 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 Page 49 of 319 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the clause set forth in paragraph(1.)of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 Page 50 of 319 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 Page 51 of 319 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.ep1s.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 Page 52 of 319 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms'covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant' Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 Page 53 of 319 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 Page 54 of 319 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 Page 55 of 319 Pt. 200, App. II 2 CFR Ch. II (1-1-14 Edition) early notification about the requirements al- H.OTHER INFORMATION—OPTIONAL lows the potential applicant to decide not to This section may include any additional apply or to take needed actions before re- information that will assist a potential ap- ceiving the Federal award. The announce- plicant.For example,the section might: ment need not include all of the terms and i. Indicate whether this is a new program conditions of the Federal award, but may or a one-time initiative. refer to a document(with information about ii. Mention related programs or other up- how to obtain it) or Internet site where ap- coming or ongoing Federal awarding agency plicants can see the terms and conditions. If funding opportunities for similar activities. this funding opportunity will lead to Federal iii. Include current Internet addresses for awards with some special terms and condi- Federal awarding agency Web sites that may tions that differ from the Federal awarding be useful to an applicant in understanding agency's usual (sometimes called "general") the program. terms and conditions, this section should iv. Alert applicants to the need to identify highlight those special terms and conditions. proprietary information and inform them Doing so will alert applicants that have re- about the way the Federal awarding agency ceived Federal awards from the Federal will handle it. awarding agency previously and might not v. Include certain routine notices to appli- otherwise expect different terms and condi- cants (e.g., that the Federal government is not obligated to make any Federal award as tions. For the same reason, the announce- a result of the announcement or that only ment should inform potential applicants grants officers can bind the Federal govern- about special requirements that could apply ment to the expenditure of funds). to particular Federal awards after the review of applications and other information, based APPENDIX II TO PART 200—CONTRACT on the particular circumstances of the effort PROVISIONS FOR NON-FEDERAL ENTI- to be supported(e.g., if human subjects were TY CONTRACTS UNDER FEDERAL to be involved or if some situations may jus- AWARDS tify special terms on intellectual property, data sharing or security requirements). In addition to other provisions required by 3. Reporting—Required. This section must the Federal agency or non-Federal entity,all include general information about the type contracts made by the non-Federal entity (e.g., financial or performance), frequency, under the Federal award must contain provi- and means of submission (paper or elec- sions covering the following,as applicable. tronic) of post-Federal award reporting re- (A) Contracts for more than the simplified quirements. Highlight any special reporting acquisition threshold currently set at requirements for Federal awards under this $150,000, which is the inflation adjusted funding opportunity that differ (e.g., by re- amount determined by the Civilian Agency port type, frequency, form/format, or cir- Acquisition Council and the Defense Acquisi- tion tion Regulations Council (Councils) as au- umstances for use) from what the Federal thorized by 41 U.S.C. 1908, must address ad- awarding agency's Federal awards usually ministrative, contractual, or legal remedies require. in instances where contractors violate or G.FEDERAL AWARDING AGENCY CONTACT(S�— breach contract terms, and provide for such REQUIRED sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must The announcement must give potential ap- address termination for cause and for con- plicants a point(s) of contact for answering venience by the non-Federal entity including questions or helping with problems while the the manner by which it will be effected and funding opportunity is open. The intent of the basis for settlement. this requirement is to be as helpful as pos- (C) Equal Employment Opportunity. Ex- sible to potential applicants, so the Federal cept as otherwise provided under 41 CFR awarding agency should consider approaches Part 60, all contracts that meet the defini- such as giving: tion of "federally assisted construction con- i. Points of contact who may be reached in tract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 multiple ways (e.g., by telephone, FAX, and/ or email,as well as regular mail). CFR 601.4 in accordance with Executive 1 Order 112466,, "Equal Employment Oppor- ii. A fax or email address that multiple tunity" (30 FR 12319, 12935, 3 CFR Part, 1964- people access, so that someone will respond 1965 Comp., p. 339), as amended by Executive even if others are unexpectedly absent dur- Order 11375, "Amending Executive Order ing critical periods. 11246 Relating to Equal Employment Oppor- iii. Different contacts for distinct kinds of tunity," and implementing regulations at 41 help(e.g., one for questions of programmatic CFR part 60, "Office of Federal Contract content and a second for administrative Compliance Programs, Equal Employment questions). Opportunity,Department of Labor." 194 Page 56 of 319 OMB Guidance Pt. 200, App. II (D)Davis-Bacon Act,as amended(40 U.S.C. materials or articles ordinarily available on 3141-3148).When required by Federal program the open market, or contracts for transpor- legislation, all prime construction contracts tation or transmission of intelligence. in excess of $2,000 awarded by non-Federal (F) Rights to Inventions Made Under a entities must include a provision for compli- Contract or Agreement.If the Federal award ance with the Davis-Bacon Act (40 U.S.C. meets the definition of"funding agreement" 3141-3144, and 3146-3148) as supplemented by under 37 CFR §401.2 (a) and the recipient or Department of Labor regulations (29 CFR subrecipient wishes to enter into a contract Part 5, "Labor Standards Provisions Appli- with a small business firm or nonprofit orga- cable to Contracts Covering Federally Fi- nization regarding the substitution of par- nanced and Assisted Construction"). In ac- ties, assignment or performance of experi- cordance with the statute, contractors must mental, developmental, or research work be required to pay wages to laborers and me- under that "funding agreement," the recipi- chanics at a rate not less than the prevailing ent or subrecipient must comply with the re- wages specified in a wage determination quirements of 37 CFR Part 401, "Rights to In- made by the Secretary of Labor.In addition, ventions Made by Nonprofit Organizations contractors must be required to pay wages and Small Business Firms Under Govern- not less than once a week. The non-Federal ment Grants, Contracts and Cooperative entity must place a copy of the current pre- Agreements," and any implementing regula- vailing wage determination issued by the De- tions issued by the awarding agency. partment of Labor in each solicitation. The (G)Clean Air Act(42 U.S.C.7401-7671q.)and decision to award a contract or subcontract the Federal Water Pollution Control Act (33 must be conditioned upon the acceptance of U.S.C. 1251-1387), as amended—Contracts and the wage determination.The non-Federal en- subgrants of amounts in excess of $150,000 tity must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency. non-Federal award to agree to comply with The contracts must also include a provision all applicable standards, orders or regula- for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act Kickback" Act (40 U.S.C. 3145), as supple- (42 U.S.C. 7401-7671q) and the Federal Water mented by Department of Labor regulations Pollution Control Act as amended(33 U.S.C. (29 CFR Part 3, "Contractors and Sub- 1251-1387).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Financed in Whole or in Part by Loans Office of the Environmental Protection or Grants from the United States"). The Act Agency(EPA). provides that each contractor or sub- (H) Mandatory standards and policies re- recipient must be prohibited from inducing, lating to energy efficiency which are con- by any means, any person employed in the tained in the state energy conservation plan construction, completion, or repair of public issued in compliance with the Energy Policy work, to give up any part of the compensa- and Conservation Act(42 U.S.C.6201). tion to which he or she is otherwise entitled. (I) Debarment and Suspension (Executive The non-Federal entity must report all sus- Orders 12549 and 12689)—A contract award pected or reported violations to the Federal (see 2 CFR 180.220) must not be made to par- awarding agency. ties listed on the governmentwide Excluded (E) Contract Work Hours and Safety Parties List System in the System for Award Standards Act (40 U.S.C. 3701-3708). Where Management (SAM), in accordance with the applicable,all contracts awarded by the non- OMB guidelines at 2 CFR 180 that implement Federal entity in excess of $100,000 that in- Executive Orders 12549 (3 CFR Part 1986 volve the employment of mechanics or labor- Comp., p. 189) and 12689 (3 CFR Part 1989 ers must include a provision for compliance Comp.,p.235), "Debarment and Suspension." with 40 U.S.C.3702 and 3704, as supplemented The Excluded Parties List System in SAM by Department of Labor regulations(29 CFR contains the names of parties debarred, sus- Part 5). Under 40 U.S.C. 3702 of the Act, each pended,or otherwise excluded by agencies,as contractor must be required to compute the well as parties declared ineligible under stat- wages of every mechanic and laborer on the utory or regulatory authority other than Ex- basis of a standard work week of 40 hours. ecutive Order 12549. Work in excess of the standard work week is (J) Byrd Anti-Lobbying Amendment (31 permissible provided that the worker is corn- U.S.C. 1352)—Contractors that apply or bid pensated at a rate of not less than one and a for an award of$100,000 or more must file the half times the basic rate of pay for all hours required certification. Each tier certifies to worked in excess of 40 hours in the work the tier above that it will not and has not week. The requirements of 40 U.S.C. 3704 are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for influencing or at- that no laborer or mechanic must be re- tempting to influence an officer or employee quired to work in surroundings or under of any agency, a member of Congress, officer working conditions which are unsanitary, or employee of Congress,or an employee of a hazardous or dangerous. These requirements member of Congress in connection with ob- do not apply to the purchases of supplies or taining any Federal contract, grant or any 195 Page 57 of 319 Pt. 200, App. II other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in con- nection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See §200.322 Procurement of recovered materials. 196 Page 58 of 319 APPENDIX A 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(hereinafter includes consultants)will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation,Federal Highway Administration,as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations,and directives issued pursuant thereto and will permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts,Regulations, and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the Recipient or the Federal Highway Administration,as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract,the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including,but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling,terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 59 of 319 Revised:October 1,2018 PROPOSAL NOTICE �,IDWADOT For Locally Procured Federal-aid Contracts GETTING YOU THEREM By signing this bid or quote, the Contractor agrees to the following certifications and provisions: Note: All Sections below shall apply to all contracts. I. Buy America. Construction contracts shall assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 23 CFR 635.410 regarding Buy America provisions on the procurement of foreign products and materials. On all contracts involving Federal-aid, all products of iron, steel, or a coating of steel which are incorporated into the work shall be of domestic origin and shall be melted and manufactured in the United States. The Contracting Authority may allow minimal amounts of these materials from foreign sources, provided the cost does not exceed 0.1 percent of the contract sum or$2,500, whichever is greater. This amount shall include transportation, assembly, and testing as delivered cost of foreign products to the project. The Contractor certifies that these materials are of domestic origin. II. Audits and Record Retention. Provide access by the Iowa DOT, the Federal Highway Administration, the Comptroller General of the United States, or any of their duly authorized representatives to any of the books, documents, papers, and records which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor shall retain such records for three years after the date the contracting agency makes final payment and all other pending matters are closed. III. Partial Payments (a) Progress Payments. For work extending over a period of more than one month, the Contractor will receive monthly progress estimate payments based on the amount of work completed. For Primary and Secondary projects in which the Contracting Authority is the Department or a county Board of Supervisors, these progress payments will be bi-weekly if requested by the Contractor. For late payment, the Contracting Authority will pay a penalty of 1.0% per month (or part of a month), or a minimum of$250, whichever is the greater amount, on any work completed but not processed for payment within 14 calendar days after completion of the work. Completion of the work includes physical completion of the work and submittal of all paperwork required by the contract. On contracts for which the contract sum is $10,000 or more, payments may be allowed based on value of processed or fabricated materials or rolled steel products which have been delivered on the work or 90% of the value of processed or fabricated material, or rolled steel products, reserved for the project and stored elsewhere conform to the requirements of the contract and the manner of storage is satisfactory to the Engineer or Architect. Contractor is responsible for damages and material losses until the material is incorporated into the work and the work is accepted. Should a reasonable doubt arise as to the integrity of any part of the completed work, the payment for that portion will not be allowed until the cause for such doubt has been removed. The Engineer's estimates of work completed will result in partial payments on the contract sum, and the allowance of a progress payment by the Contracting Authority does not constitute final acceptance of the work upon which the payments are based. The Contractor shall sign the final voucher certifying the quantities are just and unpaid. (b) Prompt Payment to Subcontractors. The Contractor shall promptly pay each subcontractor. Any delay or postponement of payment among the parties may take place only for good cause, with written notification to the subcontractor. A payment, excluding retainage, to a subcontractor for satisfactory performance of the subcontractor's work shall be made by the Contractor no later than one of the following, as applicable: (1) 7 calendar days after the Contractor receives payment for the subcontractor's work. (2) 7 calendar days after the Contractor could have received payment for the subcontractor's work, if the reason for nonpayment is not the subcontractor's fault. The Contractor may withhold up to 5% of each progress estimate on work performed by subcontractors. Page 1 of 4 Page 60 of 319 Revised: October 1,2018 Retained funds due a subcontractor shall be payable by the Contractor within 30 calendar days after satisfactory completion of the work by the subcontractor. Subcontractor's work is satisfactorily completed when all requirements called for in the subcontract have been accomplished and required documentation provided by subcontractor. Non-bonded subcontractors may be required to submit proof of payment for all material bills and wages to the Contractor before the Contractor is required to pay the retainage. The use of joint checks for payment to subcontractors for their materials is acceptable under the following conditions: (1) The request for a joint check from the prime contractor is made by the subcontractor. (2) The joint check issued by the prime contractor is for an amount not to exceed the cost of unpaid invoice(s)from the materials supplier to a subcontractor on that contract. (3) The joint check is given to the subcontractor and the subcontractor must release the joint check to the material supplier. (4) The use of a joint check by the prime contractor is applicable to all their subcontractors. (c) Retainage. The Contracting Authority may withhold up to 5% of each progress payment to the Contractor. This retainage is held exclusively for claims filed in accordance with Iowa Code 573 and shall not be considered as an encumbrance on work performed by a subcontractor. The retained funds held by the Contracting Authority for the contract will not be due and payable prior to 30 calendar days after the date of final acceptance of the entire contract or following the release or adjudication of claims that may have been filed, or until the Contractor has filed the signed final voucher with the Contracting Authority. (d) Complaints. Compliance with prompt payment is the responsibility of both the Contracting Authority and Contractor. If the Contractor feels the Contracting Authority has not complied with the prompt payment provisions, the initial attempt to resolve the issue shall be with the Project Engineer or Architect, stating the project number, items of work, quantities, unit prices, dates work was performed, total amount owed, and signature of a representative of the Contractor. If a subcontractor feels the Contractor has not complied with the prompt payment provisions, the initial attempt to resolve the issue shall occur with the Contractor. The attempt to resolve the issue shall include at least one written request to the Contractor, stating the project number, items of work, quantities, unit prices, dates work was performed, total amount owed, and signature of a representative of the subcontractor. If the initial attempt to resolve the issue does not result in satisfactory payment for completed work, the Contractor or subcontractor shall submit a written complaint to OES-Civil Rights on Form 650197. The written complaint shall include copies of the correspondence with the Contracting Authority or Contractor that provides the details stated above. The Department will investigate and provide written response to the complainant within 15 business days of receipt of the complaint. (e) Required Records. The Contractor shall maintain a system for tracking the status of subcontractor work and payments. The Contractor shall retain records that document the date of field completion, date of satisfactory completion of the work and the date of final payment (including funds retained in accordance with Article 1109.05, B, 2 to each subcontractor. Copies of the records to verify compliance with Article 1109.05, B shall be provided to the Contracting Authority, if requested. Prior to receiving final payment, the Contractor shall provide to the Contracting Authority the "Certification of Subcontractor Payments" (Form 518002). This form shall include the names of each approved subcontractor, the date of field completion, the date of satisfactory completion of the work, the date of final payment, the number of days between satisfactory completion and final payment, and the date of payment by the Contracting Authority. Explanations for any final payments made after the 30 calendar day period following field completion shall be included with Form 518002. Page 2 of 4 Page 61 of 319 Revised: October 1,2018 Failure to comply may result in price adjustment credits. IV. Payment of Retained Funds. Retained funds may be released by one of two methods. On contracts where the progress and final payment vouchers are paid by the Department the retainage will be released according to the Retainage Release below. On all other contracts the retainage may be released by either Retainage Release or Supplemental Contract. (a) Retainage Release. When 95% of the original contract amount has been completed to the satisfaction of the Engineer or Architect, and it is apparent that conditions beyond the control of the Contractor will delay completion of the contract for more than 60 calendar days, the Contractor may request payment of retained funds. If the Contracting Authority agrees, payment of the retained funds will be made no sooner than 30 calendar days after approval. (b) Supplemental Contract. When 95% of the work has been performed to the satisfaction of the Engineer or Architect, including consideration of the contract period, and it is apparent that conditions beyond the control of the Contractor will delay the completion of the contract for more than 60 calendar days, the Contractor may request a supplemental contract for the uncompleted portion of work on the same terms as those of the original contract. If the Contracting Authority agrees, and the surety for the Contractor consents to the extension of the bond for the time required to complete the supplemental contract, the supplemental contract will be issued. After the contract has been entered into, full payment will be made for the work completed except under circumstances which would prejudice the rights of those who have filed claims pursuant to Iowa Code 573. The unpaid moneys held by the Contracting Authority as a retainer of the original contract price will be due and payable to the Contractor 30 calendar days after the date of the Contracting Authority's approval of the supplemental contract, except as provided for the release and adjudication of claims. V. Standardized Contract Clauses. (a) Differing Site Conditions. 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the Engineer or Architect will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The Engineer or Architect will notify the Contractor of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (b) Suspensions of Work Ordered by the Engineer or Architect. 1. If the performance of all or any portion of the work is suspended or delayed by the Engineer or Architect in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer or Architect, in writing, a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Page 3 of 4 Page 62 of 319 Revised: October 1,2018 2. Upon receipt, the Engineer or Architect will evaluate the Contractor's request. If the Engineer or Architect agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or Subcontractors at any approved tier, and not caused by weather, the Engineer or Architect will make an adjustment(excluding profit)and modify the contract in writing accordingly. The Contractor will be notified of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (c) Significant Changes in the Character of Work. 1. The Engineer or Architect reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the Contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer or Architect may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The term "significant change"shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125% or decreased below 75% of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125% of original contract item quantity. The adjustment in unit price for an underrun in excess of 25% will be computed on the difference between the actual quantity and 75% of the original contract quantity. VI. Noncollusion Statement. As provided for in 28 U.S.C. 1746 and as required by 23 CFR 635.112(f), the person(s) signing this bid document so hereby certify under penalty of perjury under the laws of the United States and the State of Iowa that such person, firm, association, partnership, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract. VII. Equipment Rental Rates. If force account work is ordered by the Contracting Authority, the equipment rental rates used in the force account work shall not exceed the average monthly rental rates published in EquipmentWatch's Cost Recovery Rates (formerly Rental Rate Blue Book). Hourly rates shall not exceed the monthly rental rates divided by 176. The rates do not include ineligible costs such as contingencies, replacement cost escalation factors, or premium rental rates for rental periods less than one month. VIII. Foreign Contractors and Suppliers. As required by 49 CFR 30, the Contractor shall not use any subcontractor or material supplier of a foreign country which is listed by the United States Trade Representative (USTR) as discriminating against U.S. firms in its public works projects. Notice to All Bidders: To report bid rigging activities call: 1-800-424-9071. The U.S. Department of Transportation (DOT)operates the above toll-free"hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Standard Time. Anyone with knowledge of possible bid rigging, collusion, or other fraudulent activities should use the "hotline"to report such activities. Page 4 of 4 Page 63 of 319 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 64 of 319 CONTRACT FOR THE CONSTRUCTION OF TRAFFIC CONTROL ROOM REMODEL Iowa DOT Project Number: STP-U-8155(755)--70-07 City Project Number:TOF-284-R CITY OF WATERLOO, IOWA 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: Contractor agrees to build and construct the TRAFFIC CONTROL ROOM REMODEL 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. Contractor understands, agrees with, and is bound by the terms of Conditions of Contract contained in the Project Manual including the 4 attchments. The total amount of the performance bond, based on the Contractor's total bid prices, and for which 100% surety bond is required is $ 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. Contractor BY: Title: CITY OF WATERLOO, IOWA Mayor Approved by the City Council of the City of Waterloo,Iowa,on 2021. ATTEST: City Clerk,Waterloo,Iowa CONTRACT Page 65 of 319 CITY OF WATERLOO Council Communication Resolution approving award of bid to Young Plumbing& Heating Company of Waterloo, Iowa, in the amount of$164,000, in conjunction with the Waterloo City Hall Chiller Replacement Project. City Council Meeting: 7/6/2021 Prepared: 6/22/2021 ATTACHMENTS: Description Type ❑ Bid Award- City Hall Chiller Backup Material Resolution approving award of bid to Young Plumbing& Heating Company SUBJECT: of Waterloo, Iowa, in the amount of$164,000, in conjunction with the Waterloo City Hall Chiller Replacement Project. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Replacement of chiller at City Hall: Summary Statement: Bid#1 -Young Plumbing& Heating- $ 164,000 Bid#2 -Plumb Tech Inc. - $ 198,762 Source of Funds: G.O. Bond Funds Page 66 of 319 PLUMBING & HEATING CO. PLUMBING HEATING AIR CONDITIONING Mechanical Contractors SHEET METAL PROCESS PIPING June 3,2021 EXCAVATING Ed Abben City of Waterloo Re: Waterloo City Hall Chiller Replacement We propose to furnish all necessary labor,materials,equipment,and insurance to complete the mechanical portion of the above referenced project as follows: Base Bid $157,400.00 Clarifications: • Replace existing modular chiller in the basement with new air cooled chiller placed on the roof. • Steel frame included for setting the chiller. • Structural review of the roof if required is not included. • Utilize existing condenser water piping from the roof to the basement for the chilled water. • Rework basement piping to tie existing condenser water lines to chilled water loop. • Electrical to the new chiller is included,this quote assumes there is enough power available. • Insulation of existing condenser water piping and new piping included. • Trane Controls included. • Replacement chiller size is bid as 80 tons per conversations with Joel. • To remove Modular Chiller from basement add$6,600. Regards, 00 Tyler Sell �C), 00 $ , I O(30 , CJD k 750 SOUTH HACKETT ROAD WATERLOO,IOWA 50704 PHONE(319 2344311 P.O.BOX 1077 FAX b pagaoU of 319 Plumb Tech enc. 3261 W. Airline Hwy, Waterloo, IA 54703 Phone: 319-233-5616 Fax: 319-233-5737 Date: 6/3/21 To: City of Waterloo Attn: ED Re: City Hall Chiller Option 1: We propose to furnish the labor and materials to change out the chiller at the Waterloo City Hall. We are proposing to increase the size of the chiller to 80 tons. We are proposing to provide new chiller modules and a remote DX unit on the roof where the existing cooling tower is located. We have also included in the quote running refrigerant piping to the roof, reconnecting the chilled water piping, insulation, demo, crane rental, and controls. We plan to reuse the exiting pump for the chilled water system. We have not included in the quote any electrical power wire or structural steel work or structural engineering work on the roof (if needed). Quote: $ 234,786.00 Option 2: - We propose to furnish the labor and materials to change out the existing chiller and cooling tower to a roof mounted package chiller. The new package chiller will be 80 tons. With this option we will change out the chilled water pump with a new pump. We have also included in the quote reusing the condenser water piping for the new chilled water piping and reconfigure the piping in the basement. We have included all insulation, controls, crane rental, and demo in the quote. We have not included in the quote any electrical power wire, structural steel work, or structural engineering work for the roof (if needed). Quote: $ 159,279.00 3q, X33 Plumb Tech Inc. Brett Behrends Page 68 of 319 Plumb Tech Inc. 33261 W. Airline Hwy. Waterloo, IA 50703 Phone: 319-233-5616 Fax: 319-233-5737 Date: 6/17/21 To: City of Waterloo Attn: ED Re: City Hall Chiller We propose to furnish the labor and materials to change out the existing chiller and cooling tower to a roof mounted package chiller. The new package chiller will be 80 tons. With this option we will change out the chilled water pump with a new pump. We have also included in the quote reusing the condenser water piping for the new chilled water piping and reconfigure the piping in the basement. We have included all insulation, controls, crane rental, and demo in the quote. We have not included in the quote any electrical power wire, structural steel work, or structural engineering work for the roof (if needed). Quote: $ 1.59,279.00 We propose to furnish the electrical for the system above for an add to the quote. The proposal includes a 400amp feeder to the unit on the roof. We plan to run up the north side of the building and attach to the aluminum tube running vertically up the building. Add: $ 39,483.00 Plumb Tech Inc. Brett Behrends Quote good for 30 day's Page 69 of 319 CITY OF WATERLOO Council Communication Resolution approving award of bid to Wertjes Uniforms of Cedar Falls, Iowa, in conjunction with FYE 2022 Police Department uniform needs, and authorizing the City Clerk to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/22/2021 ATTACHMENTS: Description Type ❑ Wertjes Uniform Bid FYE2022 Cover Memo ❑ Galls Uniform Bid FYE2022 Cover Memo ❑ Uniform Bid Comparison FYE2022 Cover Memo Resolution approving award of bid to Wertjes Uniforms of Cedar Falls, SUBJECT: Iowa, in conjunction with FYE 2022 Police Department uniform needs, and authorizing the City Clerk to execute said document. Submitted by: Submitted By: Dave Mohlis, Police Captain Authorize the Police Department to accept the bid and authorize purchase Recommended Action: of Police uniforms from Wertjes Uniforms, Cedar Falls, IA for FYE 2022 uniform needs. Summary Statement: This Police Department 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 Two bids were received for FYE 2022 uniform needs. Background Information: Wertjes Uniforms $1809.55 Galls, LLC $1875.79/with shipping Page 70 of 319 -v' CITY OF WATERLOO , IOWA WATERLOO POLICE DEPARTMENT 715 Mulberry Street. • Waterloo, IA 50703 • (319)291-4340 • Fax(319)291-4332 • a • May 10, 2021 Wertjes Uniforms 219 East 11 st Street Cedar Falls, IA 50613 Dear Sir or Madam: The Waterloo Police Department is presently seeking competitive sealed bids for the upcoming fiscal year, (July 1, 2021 through June 30, 2022). These bids are for department uniform and accessories needs. If your business is interested in bidding on these items, please send your bid to the City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA by 1:00 PM on Thursday, June 17th,2021. All bids must be sealed and clearly marked, Bid Proposal for Police Uniforms, FYE21. Bids will be acted upon at a Waterloo City Council Meeting at a later date. Thank you for your attention to this request. Sincerely, D�'j 11�'L Dave Mohlis Captain Waterloo Police Department mohlisda,waterloopolice,com Cc: City Clerk CFO Finance WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 71 of 319 BID PROPOSAL FYE 22 UNIFORMS AND ACCESSORIES CITY OF WATERLOO,IOWA POLICE DEPARTMENT PREAMBLE The undersigned being a corporation existing under the laws of the State of Iowa; a partnership consisting of the following partners: or an individual doing business as ���fl`t 5 1��i F�Rm�,being familiar with the specifications affecting the cost of this commodity, hereby offers to furnish said commodity to the City of Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703. SUBMISSION OF BIDS Sealed bid proposals will be received by the City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa,until 1:00 PM, on the Thursday,June 17th, 2021. Any bids submitted after the specified time and date shall be rejected. SPECIFICATIONS The bidder proposes to deliver, F.O.B., City of Waterloo Police Department, Property Section, 715 Mulberry Street, Waterloo, Iowa, 50703, winter uniforms and accessories, and summer uniforms and accessories. 1. Male Uniform Trousers- Regula a. Fechheimer brand, style 39400 or equivalent b. Tropical weight C. Poly rayon blend d. LAPD blue e. No stripe f. Front zipper 2. Female Uniform Trousers- Re lar a. Fechheimer brand, style 39450 or equivalent b. Tropical weight C. Poly rayon blend d. LAPD blue e. No stripe f. Front zipper 1 Page 72 of 319 3a. Male Uniform"Cargo"Type Pants a. 5.11 brand Stryke PDU Class B Pant, style 74427 b. 750 Midnight Blue C. Poly/Cotton Mechanical Stretch Flex-Tac d. No stripes e. Front zipper f. "Cargo"type side pockets 3b. Male Uniform"Cargo"Type Pants g. Fechheimer brand, style 39300 or equivalent h. LAPD blue, tropical weight i. Poly/Cotton or Poly/Rayon blend j. No stripes k. Front zipper 1. "Cargo"type side pockets 4a. Female Uniform"Cargo"Type Pants M. 5.11 brand Women's Stryke PDU Class B Pant, style 64402 n. 750 Midnight Blue o. Poly/Cotton Mechanical Stretch Flex-Tac P. No stripes q. Front zipper r. "Cargo"type side pockets 4b. Female Uniform"Cargo" Type Pants a. Fechheimer brand, style 39350 or equivalent b. LAPD blue,tropical weight C. Poly/Cotton or Poly/Rayon blend d. No stripes 2 Page 73 of 319 C. Front zipper f. "Cargo'type side pockets 5. Male Uniform Shirt-Long Sleeve a. Fechheimer brand, style 47W6686 or equivalent b. LAPD blue, all weather tropical C. 65%polyester/35%rayon d. Epaulets C. Badge tabs f. Velcro closures on pocket tabs g. Collar stays -permanent h. Seven(7)permanent military creases i. Waterloo Police shoulder patch sewn one inch (1") below the top seam on each sleeve j. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve 6. Female Uniform Blouse-Long leeve a. Fechheimer brand, style 104W6686 or equivalent b. LAPD blue, all weather tropical C. 65%polyester/35%rayon d. Epaulets e. Badge tabs f. Velcro closures on pockets g. Collar stays-permanent h. Seven(7)permanent military creases i. Waterloo Police shoulder patch sewn one inch (I") below the top seam on each sleeve j. Sergeant chevrons (if required) sewn one inch(1")below the Waterloo Police shoulder patch on each sleeve 3 Page 74 of 319 k. Waist darts 7. Male Uniform Shirt- Short Sleeve a. Fechheimer brand, style 97R6686 or equivalent b. LAPD blue, all weather tropical C. 65%polyester/35% rayon d. Epaulets e. Badge tabs f. Velcro closures on pocket tabs g. Collar stays-permanent h. Open collar design i. Seven(7)permanent military creases j. Waterloo Police shoulder patch sewn one inch (1") below the top seam on each Sleeve k. Sergeant chevrons (if required)sewn one inch(1") below the Waterloo Police shoulder patch on each sleeve 8A. Male Uniform Polo Shirt—Short Sleeve a. Elbeco brand tactical polo, style K5134 or equivalent b. LAPD blue and Gray C. 100%Polyester d. Waterloo Police embroidered badge sewn on left side centered replacing badge tabs e. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket seam on each sleeve allowing for use of the pen pocket. £ Sergeant chevrons (if required) sewn on the collar g. Embroidered name on the right side opposite of the badge. 8B. Male Uniform Polo Shirt Lon Sleeve leeve a. Elbeco brand tactical polo, style K5134 or equivalent 4 Page 75 of 319 b. LAPD blue and Gray C. 100% Polyester d. Waterloo Police embroidered badge sewn on left side centered replacing badge tabs. e. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket scam on each sleeve allowing for use of the pen pocket. f. Sergeant chevrons(if required)sewn on the collar g. Embroidered name on the right side opposite of the badge. 9. Female Uniform Blouse- Short Sleeve a. Fechheinmer brand, style 154R6686 or equivalent b. LAPD blue, all weather tropical C. 65% polyester/35%rayon d. Epaulets e. Badge tabs f. Velcro closures on pocket tabs g. Collar stays-permanent h. Open collar design h. Seven(7)permanent military creases L Waterloo Police shoulder patch sewn one inch (1") below the top seam on each sleeve 1. Sergeant chevrons (if required) sewn one inch(I")below the Waterloo Police shoulder patch on each sleeve M. Waist darts 10A. Female Uniform Polo Shirt—Short Sleeve a. Elbeco brand tactical polo, style K5174 or equivalent b. LAPD blue and Gray C. 100% Polyester 5 Page 76 of 319 d. Waterloo Police embroidered badge sewn on left side replacing badge tabs e. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket seam on each sleeve allowing for use of the pen pocket. f. Sergeant chevrons(if required)sewn on the collar. g. Embroidered name on the right side opposite of the badge. 10B. Female Uniform Polo Shirt—Long Sleeve a. Elbeco brand tactical polo, style K5184 or equivalent b. LAPD blue and Gray C. 100%Polyester d. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket seam on each sleeve allowing for use of the pen pocket. e. Sergeant chevrons (if required) sewn on the collar f. Embroidered name on the right side opposite of the badge. 11. Uniform Jacket- Winter Weight a. Propper brand, Defender Delta Drop Panel, Style#F5472/F5474 or equivalent b. Dark Navy, waist length C. Breathable/water resistant, outer shell (waterproof, windproof, breathable lining engineered to keep you warm and dry in all weather conditions) d. Wind resistant shell, high performance sleeve to provide an unprecedented range of motion. C. Propper Defender Echo Soft shell liner and stand-alone jacket Style#)~5474/F5474 that can be worn as a lightweight jacket or equivalent. Storage pockets on removable liner. £ Heavy duty zipper, two-way bellows pockets. Double storm flap with full zip to neck collar, inside zipper storage pockets. g. Hidden agenda flaps(Police) h. Epaulets i. Waterloo Police embroidered badge sewn on left side centered above pocket replacing badge tab, as well as the soft shell liner. j. Waterloo Police patch sewn one inch (1") below the top scam on each sleeve, as well as the soft shell liner. 6 Page 77 of 319 k. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve, as well as the soft shell liner. 12. Uniform Jacket-Winter Weight a. 5-11 Brand, 5 in 1 jacket, style#48017 Navy or equivalent b. Dark Navy, waist length C. Breathable/water resistant outer shell (waterproof, windproof, breathable lining engineered to keep you warm and dry in all weather conditions) d. Wind resistant shell, high performance sleeve to provide an unprecedented range of motion. C. Removable composite liner of warm non-pill micro fleece and 100g of Thinsulate quilted to nylon. Storage pocket on removable liner, pit zips allow increased ventilation. Long zippered side vents for quick access to equipment f. Heavy duty zipper,two-way front fleece lined bellows pockets. Double storm flap with full zip to neck collar, inside zipper storage pockets. g. Hidden agenda flaps (Police) h. Epaulets i. Waterloo Police embroidered badge sewn on Ieft side centered above pocket replacing badge tab j. Waterloo Police patch sewn one inch(1")below the top seam on each sleeve j. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve 13. Uniform Jacket- Summer Weight a. Blauer Brand,Ike, style 6045,reversible Hi-Vis, or equivalent b. Navy blue lightweight nylon C. Waist length d. Breathable/water resistant e. Heavy duty zipper f. Waterloo Police embroidered badge sewn on left side centered above pocket replacing badge tabs g. Two (2)front pockets box pleated with scalloped flaps 7 Page 78 of 319 h. Epaulets i. Inside pocket j. Waterloo Police patch sewn one inch(I")below the top seam on each sleeve k. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve 14. Uniform Rain Coat-Long a. Blauer Brand, style 26990 or equivalent b. Reversible, low key black and hi-vis yellow C. Nylon -waterproof d. Both sides- snap closure C. Zipper, if available g. Slash pockets 15. Uniform Rain Coat- Short a. Blauer Brand, style 233R B.Dry or equivalent b. Reversible, low key black and hi-vis yellow C. Nylon -waterproof d. Both sides- snap closure e. Zipper g. Slash pockets 16. Uniform Rain Cover for Uniform Hat . .a._ ._Blauer_brand,_st_y_1e.-.0.7.o.-equivalent_ b. Reversible, low key black and hi vis yellow C. Nylon---waterproof 17. Uniform Hat- Dress a. Midway brand, style F-101 or equivalent Page 79 of 319 b. Frame - open mesh C. Navy blue, detachable hat, eight(8)point elastic 18. Uniform Hat-winter a. Blauer brand, style 5120 or equivalent b. Acrylic pile fur peak and neck warmer C. Navy blue nylon d. Interlined with quilted fiberglass 19. Uniform Tie a. Sam Broome brand or equivalent b. Clip-on tie C. Black d. 100%polyester e. Metal clip - choke free 20. Non-Uniform Blazer(Male and Female) a. Executive Apparel, style 1050 or equivalent b. 55% polyester/45%wool C. Two(2)button single breasted d. Patch pocket e. Inside pockets f. Color-navy f. Exterior breast pocket 21. Non-Uniform Slacks -Male a. Edwards brand, style 2750-09 or equivalent b. Polyester/wool blend c. Plain front 9 Page 80 of 319 d. Belt loops e. Two (2)front pockets f. Two (2)rear pockets g. Color—gray 22. Non-Uniform Slacks -Female a. Edwards brand, style 2750-09 or equivalent b. Polyester/wool blend C. Plain front d. Belt loops C. Two(2)front pockets f. Two(2)rear pockets g. Color- gray 23. Male Dress Coat a. Fechheirner brand, style 38800 or equivalent b. 100%Polyester, single breasted C. LAPD blue d. Fully lined with 4-button front and notched lapels e. Two box pleated breast pockets with scalloped flaps f.. Two lower simulated pockets with scalloped flaps g. Back center vent design h. Shoulder pads and coat front tailoring to enhance shape of the coat i. Inside breast pocket and lined inside sweat shield j. Lined inside sweat shields k. Badge tab 1. Cross-stitched shoulder straps 10 Page 81 of 319 24. Female Dress Coat a. Fechheimer brand, style 38833 or equivalent b. 100%Polyester, single breasted G. LAPD blue d. Fully lined with 4-button front and notched lapels C. Two box pleated breast pockets with scalloped flaps f. Two lower simulated pockets with scalloped flaps g. Back center vent design h. Shoulder pads and coat front tailoring to enhance shape of the coat i. Inside breast pocket and lined inside sweat shield j. Lined inside sweat shields k. Badge tab 1. Cross-stitched shoulder straps The bidder shall indicate any and all deviations from the published specifications. All uniform orders will be issued from the Waterloo Police Department to the vendor in email form from the Property and Evidence unit prior to measuring or fitting for any uniforms or accessories needed. • The vendor shall not fill any orders without an email from the Property and Evidence Unit of the Waterloo Police Department authorizing the purchase. Merchandise orderedwithout the approval email will not be accepted or paid for. • The vendor shall not honor or complete delivery on any Waterloo Police Department Uniform Request by a police officer Iater than thirty (3 0) calendar days from the date of notification to the vendor. The vendor shall appropriately and accurately measure,size,and fit each individual Waterloo Police Officer to insure an adequate, neat, and proper fit of any and all uniforms and accessories ordered. All subsequent fittings shall be in Waterloo at the business address of the successful bidder, or in the case of a successful bidder from outside of Waterloo, at an address mutually agreed upon by the Police Department and the successful bidder from outside of Waterloo. All subsequent fittings, tailoring, or alterations shall be performed on an "as needed" basis and shall be completed within a one (S) day period of time. The cost of any and all subsequent fittings, tailoring, or alterations needed to assure proper fit of the uniforms shall be at no additional cost to the Waterloo Police Department. 11 Page 82 of 319 The cost of sewing the Waterloo Police shoulder patch, sergeant chevrons, nametags, and breast badge on the specified uniform jackets or shirts shall be included in the bid price. The vendor shall maintain a sufficient inventory to fill the daily uniform needs and shall guarantee delivery of larger uniform orders within thirty(30) days from date of order. In the event the existing vendor does not retain the uniform bid,the successful bidder will purchase a maximum of $2,500.00 of uniform inventory from the existing vendor, at the actual cost to the existing vendor, after establishing proof of purchase price and date of purchase. Bidders, upon request of the Waterloo Police Department, shall provide a sample for inspection by the Waterloo Police Department of any and all uniforms and accessories bid. Prices quoted shall be good for fiscal year 2020 (July 1, 2021 -June 30,2022). The Waterloo Police Department shall purchase the shoulder patches,nametags, breast badge and sergeant chevrons and will provide them to the vendor. The Waterloo Police Department shoulder patches, breast badge and chevrons shall remain the property of the Waterloo Police Department. In the event the existing vendor does not retain the uniform bid, any and all Waterloo police shoulder patches, breast badge and sergeant chevrons shall be returned to the Waterloo Police Department. Uniforms and accessories, to maintain uniformity, must be of the same quality and identical color to those presently being issued. Bidders may obtain sample uniforms and accessories from the Waterloo Police Department,Property Section, 715 Mulberry Street, Waterloo,Iowa, 50703. The vendor shall deliver all requisitioned clothing items to the Waterloo Police Department, Property Section. At time of delivery, the vendor shall provide an itemized billing for all clothing delivered. This billing shall include the Waterloo Police Department, name of officer for whom the clothing was requisitioned, and full price of item(s) delivered. GENERAL REQUIREMENTS FOR SUBMISSION OF BIDS All bids must be sealed and submitted to the City CIerk's Office in a sealed envelope clearly marked as follows: "BID PROPOSAL FOR POLICE UNIFORMS FYE 22" The name of the business submitting the bid must also be clearly marked on the envelope. All bids must meet or exceed minimum specifications as previously defined. Bids that do not meet or exceed the minimum specifications, as determined by the City, shall be rejected. All bid prices, upon submission by bidder, are recognized by the City and vendor to be irrevocable for the minimum of thirty(30) calendar days from date of bid 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,June 17,2021. Any bid submitted after the specified time shall be rejected. OPENING AND ACCEPTANCE OF BIDS 12 Page 83 of 319 Sealed bid proposals will be opened by the Waterloo City Clerk on June 18,2021,at 1:00 PM in the City Hall, I"floor conference room. Bidders understand that they may be in attendance at the bid opening. Bids will be acted upon at a later time,which shall then be established. Standard procedure dictates that the City of Waterloo will accept the lowest responsible bid. However,the bidder understands that the City reserves the right to reject any bid or part thereof that is either considered not to be responsible or not most advantageous to the City. The City will award the contract to the responsible bidder whose bid meets or exceeds minimum specifications. The City of Waterloo,Iowa reserves the right to reject any and all bids. Upon acceptance of the bid, a purchase order mailed or delivered to the undersigned vendor which is accompanied by a copy of this proposal bearing the City Clerk's signature shall constitute acceptance of the bid and,therefore,be a legal binding agreement. If applicable,the bidder guarantees that title conveyed shall be good and goods shall be delivered free from security interest or other lien or encumbrance of which the City at the time of purchase had knowledge. CANCELLATION The successful bidder understands that the City of Waterloo shall cancel this agreement,without notice, if the City has knowledge that all conditions as stated in this bid proposal have not been fulfilled. BID PRICES The bidder proposes to meet or exceed the specifications for the below quoted price. 1. Mate Uniform Trousers-Regular Brand Name FT Q_K xA . q.( 3 $ Cc75 each 2. Female Uniform Trousers- Regular Brand Name 044�b o $ Lo.6,q vD each 3a. Male Uniform"Cargo"Type Pants Brand Name , i i each 3b. Male Uniform"Cargo"Type Pants Brand Named Ea w ?,...._:;3c� $ 0{� each 4a. Female Uniform"Cargo"Type Pants Brand Marne ,, ti "l.u 4 !�,'7 $ ,�3 each 4b. female Uniform "Cargo"Type Pants Brand Name .��� �e 3ac� $ �] each S. Male Uniform Shirt-Long Sleeve Brand Marne q'Z l lei 1, $ �b each 6. Female Uniform Blouse-Long Sleeve Brand 68 0 each 7. Male Uniform Shirt- Short Sleeve 13 Page 84 of 319 Brand Name-t__Q_R t+�.r'k wt� „�, C� `� fZ �,�a � $ �� „�� each 8a. Male Uniform Polo Shirt—Short Sleeve Brand Name S 1-3 'A �- ,',—,l,f�k�. $ v�f r�t� each 8b. Male Uniform Polo Shirt—Long Sleeve Brand Name . r, 1 q-t 1 ,L-27--c �) $ sa each 9. Female Uniform Blouse- Short Sleeve Brand Name q i3 z~ ,,.L i S 4 fZ 8 6 $_s5A,aQ each I Oa. Female Uniform Polo.Shirt—Short Sleeve Brand Name t: 3 P� _ �-,C3 I ^I �_ $ 5 e)O each l Ob. Female Uniform Polo Shirt—fit Sleeve " Brand Name $ 60, each 1I. Uniform Jacket Winter Weight 4 r �'� E����� _ _ �, I 3'�,,-r t 16 a. c �h 'c Brand Name 0,;Yeach each 12. Uniform Jacket- Winter Weight {� l Brand Name 8, 14. o $ f each 13. Uniform Jacket- Summer Weight Brand Name c_ 1 u, cp 4 $ e o,00 each 14. Uniform Rain Coat-Long Brand Name _R�,L-N� , ;�), to j 9 �� $ 'TO� `_each 15. Uniform Rain Coat- Short Brand Name tTeach 16. Uniform Rain Cover for Uniform Hat Brand Name d5 0:�u , yZ_ t o.l $ 7 00 each 17. Uniform Hat-Dress Brand Nanle Pct-U04,Pct-U04, 0 $ Oce each 18. Uniform Hat-winter �T Brand Name L $ �� r� each 19. Uniform Tie, � Brand Name ryl. F'�12o 0 m t 01 o P/ ��each 20. Nan-Uniform Blazer(Male and Female) Brand Name A 2 A f't?�- , $ t M cg each 21. Noo-Uniform Slacks (Male) Brand Name E2� '745 -4.0199 $ :� ,each 22. Non-Uniform Slacks(Female) Brand Name xa s h S °�c'�-. $ <� each 14 Page 85 of 319 23. Male Dress Coat- Brand Name $ qO each 24. Female Dress Coat- Brand Name RH ba C- . ren $ "E;r) each List all deviations from the published specifications as part of this bid: Susi= 11z �' k L. t< y �r�aLt s Ccs-�lt�pl � � z 4. a..e� .�� crit 6t� lei lid l sa 1 � �ti s, aril .z 4c� PAYMENT PROCEDURE The vendor shall bill the City of Waterloo, Police Department every thirty (30) days for all uniforms and accessories delivered to the Police Department during the preceding thirty(30)days. The City of Waterloo Police Department,715 Mulberry Street,Waterloo,Iowa,50703 shall:make payment, in its entirety within. thirty (30) days of receipt of invoice after acceptance of goods or services for the preceding thirty(30)day period. This bidder, having fully read this document, hereby acknowledges that this bid proposal completely reflects the total bid as contained herein. Company Name -r u, ot L L, Title: 0 Mix�)' 'Z Address 7 T1e A Y1 E � 5%1-5 Date: C0 ^ "Z / City, State, &.Zip Code Telephone: i g. a�.�-4 _ Fax: i ct ,. a tp Q - cr ATTEST: DATE: City Clerk 15 Page 86 of 319 Exceptions: Number 12. Uniform Jacket—Winter weight Brand name: 5.11 Style #48017 is a closeout and will be available as long as stock remains, The New _5_.11 _Style number for that Jacket is Style#48360. They have made a few minor changes but is basically the same jacket,just improved Page 87 of 319 BID PROPOSAL FYE 22 UNIFORMS AND ACCESSORIES CITY OF WATERLOO,IOWA POLICE DEPARTMENT PREAMBLE The undersigned being a corporation existing under the laws of the State of Iowa; a partnership consisting of the following partners: Galls,LLC , or an individual doing business as NIA ,being familiar with the specifications affecting the cost of this commodity, hereby offers to furnish said commodity to the City of Waterloo Police Department, 715 Mulberry Street,Waterloo, Iowa, 50703. SUBMISSION OF BIDS Sealed bid proposals will be received by the City Clerk,City of Waterloo, 715 Mulberry Street, Waterloo, Iowa,until 1:00 PM,on Thursday,.lune 171, 2021. Any bids submitted after the specified time and date shall be rejected. SPECIFICATIONS The bidder proposes to deliver, F.O.B., City of Waterloo Police Department, Property Section, 715 Mulberry Street, Waterloo, Iowa, 50703, winter uniforms and accessories, and summer uniforms and accessories. 1. Male Uniform Trousers- Regular a. Fechheimer brand, style 39400 or equivalent b. Tropical weight n_�} C. Poly rayon blend U`�S d. LAPD blue ' U e. No stripe f. Front zipper 2. Female Uniform Trousers-Regular a. Fechheimer brand, style 39450 or equivalent b. Tropical weight C. Poly rayon blend d. LAPD blue e. No stripe f. Front zipper 1 Page 88 of 319 3a. Male Uniform"Cargo"Type Pants a. 5.11 brand Stryke PDU Class B Pant, style 74427 b. 750 Midnight Blue C. Poly/Cotton Mechanical Stretch Flex-Tac d. No stripes e. Front zipper f. "Cargo"type side pockets 3b. Male Uniform"Cargo"Type Pants g. Fechheimer brand, style 39300 or equivalent h. LAPD blue,tropical weight i. Poly/Cotton or Poly/Rayon blend j. No stripes k. Front zipper 1. "Cargo"type side pockets 4a. Female Uniform"Cargo"Dpe Pants In. 5.11 brand Women's Stryke PDU Class B Pant,style 64402 it. 750 Midnight Blue o. Poly/Cotton.mechanical Stretch Flex-Tac P. No stripes q. Front zipper r. "Cargo"type side pockets 4b. Female Uniform"Cargo"Type Pants a. Fechheimer brand, style 39350 or equivalent b. LAPD blue,tropical weight C. Poly/Cotton or Poly/Rayon blend d. No stripes 2 Page 89 of 319 e. Front zipper f. "Cargo"type side pockets 5. Male Uniform Shirt-Long Sleeve a. Fechheimer brand, style 47W6686 or equivalent b. LAPD blue, all weather tropical C. 65%polyester/35%rayon d. Epaulets C. Badge tabs f. Velcro closures on pocket tabs g. Collar stays-permanent h. Seven(7)permanent military creases i. Waterloo Police shoulder patch sewn one inch (1") below the top seam on each sleeve j. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve 6. Female Uniform Blouse-Lon Sleeve leeye a. Fechheimer brand, style 104W6686 or equivalent b. LAPD blue, all weather tropical C. 65%polyester/35%rayon d. Epaulets e. Badge tabs f. Velcro closures on pockets g. Collar stays-permanent h. Seven(7)permanent military creases i. Waterloo Police shoulder patch sewn one inch (1") below the top seam on each sleeve j. Sergeant chevrons(if required)sewn one inch(1")below the Waterloo Police shoulder patch on each sleeve 3 Page 90 of 319 k. Waist darts 7. Male Uniform Shirt- Short Sleeve a. Fechheimer brand, style 97R6686 or equivalent b. LAPD blue, all weather tropical C. 65%polyester/35%rayon d. Epaulets e. Badge tabs f. Velcro closures on pocket tabs g. Collar stays-permanent h. Open collar design i. Seven(7)permanent military creases j. Waterloo Police shoulder patch sewn one inch (1") below the top seam on each Sleeve k. Sergeant chevrons (if required)sewn one inch(1")below the Waterloo Police shoulder patch on each sleeve 8A. Male Uniform Polo Shirt—Short Sleeve a. Elbeco brand tactical polo, style K5134 or equivalent b. LAPD blue and Gray C. 100%Polyester I Waterloo Police embroidered badge sewn on left side centered replacing badge tabs e. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket seam on each sleeve allowing for use of the pen pocket. f. Sergeant chevrons(if required)sewn on the collar g. Embroidered name on the right side opposite of the badge. 8B. Male Uniform Polo Shirt—Long Sleeve a. Elbeco brand tactical polo,style K5134 or equivalent 4 Page 91 of 319 b. LAPD blue and Gray C. 100%Polyester d. Waterloo Police embroidered badge sewn on left side centered replacing badge tabs. C. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket seam on each sleeve allowing for use of the pen pocket. f. Sergeant chevrons(if required)sewn on the collar g. Embroidered name on the right side opposite of the badge. 9. Female Uniform Blouse- Short Sleeve a. Fechheimer brand, style 15486686 or equivalent b. LAPD blue, all weather tropical C. 65%polyester/35%rayon d. Epaulets e. Badge tabs f. Velcro closures on pocket tabs g. Collar stays -permanent h. Open collar design h. Seven(7)permanent military creases L Waterloo Police shoulder patch sewn one inch (1") below the top seam on each sleeve 1. Sergeant chevrons(if required) sewn one inch(1")below the Waterloo Police shoulder patch on each sleeve M. Waist darts 10A. Female Uniform Polo Shirt—Short Sleeve a. Elbeco brand tactical polo, style K5174 or equivalent b. LAPD blue and Gray C. 100%Polyester 5 Page 92 of 319 d. Waterloo Police embroidered badge sewn on left side replacing badge tabs e. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket seam on each sleeve allowing for use of the pen pocket. f. Sergeant chevrons(if required)sewn on the collar. g. Embroidered name on the right side opposite of the badge. l OB. Female Uniform Polo Shirt—Long Sleeve a. Elbeco brand tactical polo, style K5184 or equivalent b. LAPD blue and Gray C. 100%Polyester d. Waterloo Police shoulder patch sewn just below the top of the factory pen pocket seam on each sleeve allowing for use of the pen pocket. e. Sergeant chevrons(if required)sewn on the collar f. Embroidered name on the right side opposite of the badge. 11. Uniform Jacket- Winter Weijzht a. Propper brand,Defender Delta Drop Panel, Style#F5472/F5474 or equivalent b. Dark Navy,waist length C. Breathable/water resistant, outer shell (waterproof, windproof, breathable lining engineered to keep you warm and dry in all weather conditions) d. Wind resistant shell, high performance sleeve to provide an unprecedented range of motion. C, Propper Defender Echo Soft shell liner and stand-alone jacket Style#F54741F5474 that can be worn as a lightweight jacket or equivalent. Storage pockets on removable liner. f. Heavy duty zipper, two-way bellows pockets. Double storm flap with full zip to neck collar, inside zipper storage pockets. g. Hidden agenda flaps(Police) h. Epaulets i. Waterloo Police embroidered badge sewn on left side centered above pocket replacing badge tab, as well as the soft shell liner. j. Waterloo Police patch sewn one inch (I") below the top seam on each sleeve, as well as the soft shell liner. 6 Page 93 of 319 k. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve, as well as the soft shell liner. 12. Uniform Jacket- Winter Weigh a. 5-11 Brand, 5 in 1 jacket, style#48017 Navy or equivalent b. Dark Navy,waist length C. Breathable/water resistant outer shell (waterproof, windproof, breathable lining engineered to keep you warm and dry in all weather conditions) d. Wind resistant shell, high performance sleeve to provide an unprecedented range of motion. C. Removable composite liner of warm non-pill micro fleece and 100g of Thinsulate quilted to nylon. Storage pocket on removable liner, pit zips allow increased ventilation. Long zippered side vents for quick access to equipment f. Heavy duty zipper,two-way front fleece lined bellows pockets. Double storm flap with full zip to neck collar, inside zipper storage pockets. g. Hidden agenda flaps(Police) h. Epaulets i. Waterloo Police embroidered badge sewn on left side centered above pocket replacing badge tab j. Waterloo Police patch sewn one inch(1")below the top scam on each sleeve j. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve 13. Uniform Jacket- Summer Wei ht a. Blauer Brand,Ike, style 6045,reversible Hi-Vis, or equivalent b. Navy blue lightweight nylon C. Waist length d. Breathable/water resistant e. Heavy duty zipper f Waterloo Police embroidered badge sewn on left side centered above pocket replacing badge tabs g. Two (2)front pockets box pleated with scalloped flaps 7 Page 94 of 319 h. Epaulets i. Inside pocket j. Waterloo Police patch sewn one inch(1")below the top seam on each sleeve k. Sergeant chevrons (if required) sewn one inch (1") below the Waterloo Police shoulder patch on each sleeve 14. Uniform Rain Coat-Lona a. Blauer Brand, style 26990 or equivalent b. Reversible, low key black and hi-vis yellow C. Nylon-waterproof d. Both sides-snap closure e. Zipper, if available g. Slash pockets 15. Uniform Rain Coat- Short a. Blauer Brand, style 2338 B.Dry or equivalent b. Reversible, low key black and hi-vis yellow C. Nylon-waterproof d. Both sides - snap closure e. Zipper g. Slash pockets 16. Uniform Rain Cover for Uniform Hat a. Blauer brand, style 107 or equivalent b. Reversible, low key black and hi vis yellow C. Nylon—waterproof 17. Uniform Hat-Dress a. Midway brand, style F-101 or equivalent 8 Page 95 of 319 b, Frame- open mesh C. Navy blue, detachable hat, eight(8)point elastic 18. Uniform Hat-winter a. Blaucr brand, style 5120 or equivalent b. Acrylic pile fur peak and neck warmer c. Navy blue nylon d. Interlined with quilted fiberglass 19. Uniform Tie a. Sam Broome brand or equivalent b. Clip-on tie C. BIack d. 100%polyester e. Metal clip - choke free 20. Non-Uniform Blazer(Male and Female) a. Executive Apparel, style 1050 or equivalent b. 55%polyester/45%wool C. Two (2)button single breasted d. Patch pocket C. Inside pockets f. Color-navy f Exterior breast pocket 21. Non-Uniform Slacks-Male a. Edwards brand, style 2750-09 or equivalent b. Polyester/wool blend C. Plain front 9 Page 96 of 319 d. Belt loops Fech e. Two (2)front pockets f. Two(2)rear pockets g. Color—gray 22. Non-Uniform Slacks- Female a. Edwards brand, style 2750-09 or equivalent b. Polyester/wool blend C. Plain front d. Belt loops e. Two (2)front pockets f. Two (2)rear pockets g. Color-gray 23. Male Dress Coat a. Fechheimer brand, style 38800 or equivalent b. 100%Polyester,single breasted C. LAPD blue d. Frilly lined with 4-button front and notched lapels e. Two box pleated breast pockets with scalloped flaps f. Two lower simulated pockets with scalloped flaps g. Back center vent design h. Shoulder pads and coat front tailoring to enhance shape of the coat i. Inside breast pocket and lined inside sweat shield j. Lined inside sweat shields k. Badge tab 1. Cross-stitched shoulder straps to Page 97 of 319 24. Female Dress Coat a. Fechheimer brand, style 38833 or equivalent b. 100%Polyester, single breasted C. LAPD blue d. Fully lined with 4-button front and notched lapels e. Two box pleated breast pockets with scalloped flaps f. Two lower simulated pockets with scalloped flaps g. Back center vent design h. Shoulder pads and coat front tailoring to enhance shape of the coat i. Inside breast pocket and lined inside sweat shield j. Lined inside sweat shields k. Badge tab 1. Cross-stitched shoulder straps The bidder shall indicate any and all deviations from the published specifications. All uniform orders will be issued from the Waterloo Police Department to the vendor in email form from the Property and Evidence unit prior to measuring or fitting for any uniforms or accessories needed. • The vendor shall not fill any orders without an email from the Property and Evidence Unit of the Waterloo Police Department authorizing the purchase. Merchandise ordered without the approval email will not be accepted or paid for. • The vendor shall not honor or complete delivery on any Waterloo Police Department Uniform Request by a police officer later than thirty (30) calendar days from the date of notification to the vendor. The vendor shall appropriately and accurately measure,size,and fit each individual Waterloo Police Officer to insure an adequate,neat, and proper fit of any and all uniforms and accessories ordered. All subsequent fittings shall be in Waterloo at the business address of the successful bidder, or in the case of a successful bidder from outside of Waterloo, at an address mutually agreed upon by the Police Department and the successful bidder from outside of Waterloo. All subsequent fittings, tailoring, or alterations shall be performed on an "as needed" basis and shall be completed within a one (5) day period of time. The cost of any and all subsequent fittings, tailoring, or alterations needed to assure proper fit of the uniforms shall be at no additional cost to the Waterloo Police Department. 11 Page 98 of 319 The cost of sewing the Waterloo Police shoulder patch, sergeant chevrons,nametags, and breast badge on the specified uniform jackets or,shirts shall be included in the bid price. The vendor shall maintain a sufficient inventory to fill the daily uniform needs and shall guarantee delivery of larger uniform orders within thirty(30) days from date of order. In the event the existing vendor does not retain the uniform bid,the successful bidder will purchase a maximum of $2,500.00 of uniform inventory from the existing vendor, at the actual cost to the existing vendor,after establishing proof of purchase price and date of purchase. Bidders, upon request of the Waterloo Police Department, shall provide a sample for inspection by the Waterloo Police Department of any and all uniforms and accessories bid. Prices quoted shall be good for fiscal year 2020(July 1,2021 - June 30, 2022). The Waterloo Police Department shall purchase the shoulder patches,nametags, breast badge and sergeant chevrons and will provide them to the vendor. The Waterloo Police Department shoulder patches,breast badge and chevrons shall remain the property of the Waterloo Police Department. In the event the existing vendor does not retain the uniform bid, any and all Waterloo police shoulder patches,breast badge and sergeant chevrons shall be returned to the Waterloo Police Department. Uniforms and accessories,to maintain uniformity, must be of the same quality and identical color to those presently being issued, Bidders may obtain sample uniforms and accessories from the Waterloo Police Department,Property Section, 715 Mulberry Street,Waterloo,Iowa, 50703. The vendor shall deliver all requisitioned clothing items to the Waterloo Police Department, Property Section. At time of delivery, the vendor shall provide an itemized billing for all clothing delivered. This billing shall include the Waterloo Police Department, name of officer for whom the clothing was requisitioned, and full price of item(s)delivered. GENERAL:REQUIREMENTS FOR SUBMISSION OF BIDS All bids must be sealed and submitted to the City Clerk's Office in a sealed envelope clearly marked as follows: "BID PROPOSAL FOR POLICE UNIFORMS FYE 22" The name of the business submitting the bid must also be clearly marked on the envelope. All bids must meet or exceed minimum specifications as previously defined. Bids that do not meet or exceed the minimum specifications, as determined by the City, shall be rejected. All bid prices, upon submission by bidder, are recognized by the City and vendor to be irrevocable for the minimum of thirty(30) calendar days from date of bid 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,June 17,2021. Any bid submitted after the specified time shall be rejected. OPENING AND ACCEPTANCE OF BIDS 12 Page 99 of 319 Sealed bid proposals will be opened by the Waterloo City Cleric on June 18,2021, at 1:00 PM in the City Hall, Pt floor conference room.Bidders understand that they may be in attendance at the bid opening. Bids will be acted upon at a later time,which shall then be established. Standard procedure dictates that the City of Waterloo will accept the lowest responsible bid. However,the bidder understands that the City reserves the right to reject any bid or part thereof that is either considered not to be responsible or not most advantageous to the City. The City will award the contract to the responsible bidder whose bid meets or exceeds minimum specifications. The City of Waterloo, Iowa reserves the right to reject any and all bids. Upon acceptance of the bid, a purchase order mailed or delivered to the undersigned vendor which is accompanied by a copy of this proposal bearing the City Clerk's signature shall constitute acceptance of the bid and,therefore,be a legal binding agreement. If applicable,the bidder guarantees that title conveyed shall be good and goods shall be delivered free from security interest or other lien or encumbrance of which the City at the time of purchase had knowledge. CANCELLATION The successful bidder understands that the City of Waterloo shall cancel this agreement,without notice, if the City has knowledge that all conditions as stated in this bid proposal have not been fulfilled. BID PRICES The bidder proposes to meet or exceed the specifications for the below quoted price. 1. Mate Uniform Trousers-Regular Brand Name Fechheimer -Model 39400 48.40 each 2. Female Uniform Trousers-Regular Brand Name Fechheimer-Model:39450 $ 48.40 each 3a. Male Uniform"Cargo'Type Pants Brand Name 5.11 -Model:74427 $ 55.00 each 3b. Male Uniform "Cargo"Type Pants Brand Name Fechheimer-Model:39300 $60.35 each 4a. Female Uniform"Cargo'Type Pants Brand Name 5.11 -Model:64402 $53.85 each 4b. Female Uniform"Cargo'Type Pants Brand Name Fechheimer-Madel:39350 $60.35 each 5. Male Uniform Shirt-Long Sleeve Brand Name Fechheimer-Model:47W6686 $ 48.05 each 6. Female Uniform Blouse-Long Sleeve Brand Name Fechheimer-Model: 104VV6686 $ 48.05 each 7. Male Uniform Shirt- Short Sleeve 13 Page 100 of 319 Brand Name Fechhelmer-Model:9786686 $ 43.90 each 8a. Male Uniform Polo Shirt-Short Sleeve Brand Name Elbeco-Model:K5134 $39.67 each 8b. Male Uniform Polo Shirt-Long Sleeve Brand Name Elbeco-Model:K5144 $42.85 each 9. Female Uniform Blouse- Short Sleeve Brand Name Fechheimer-Model: 154R6686 $ 43.90 each 1 Oa. Female Uniform Polo Shirt-Short Sleeve Brand Name Elbeco-Model: K5174 $39.67 each 10b. Female Uniform Polo Shirt-Short Sleeve Brand Name Elbeco-Model:K5184 $42.85 each 11. Uniform Jacket- Winter Weight Brand Name Propper-Model: F54721F5474 $ 73.89 each 12. Uniform Jacket-Winter Weight Brand Name 5.11 -Model:48017 $ 167.05 each 13. Uniform Jacket- Summer Weight Brand Name Blauer-Model:6045 $116.05 each 14. Uniform Rain Coat-Long Brand Name Blauer-Model:26990 $133.43 each 15. Uniform Rain Coat- Short Brand Name Blauer-Model:233R $120.18 each 16. Uniform Rain Cover for Uniform Hat Brand Name Blauer-Model: 107 $-9.78 each 17. Uniform Hat-Dress Brand Name Midway Cap Co.Round„Polyester Cap $49.00 each 18. Uniform Hat- winter Midway Cap Co.-Model:200 $ 20.00 Brand Name Midway Cap Co.-Model: 1951196 $ 17.50 each 19. Uniform Tie Brand Name Samuel Broome Polyester Clip-On Tie $3.32 each 20. Non-Uniform Blazer(Male and Female) Brand Name Executive Apparel-Model: 1050 $_82.50 each 21. Non-Uniform Slacks (Male) Brand Name Edwards Garment Co.-Model:2750-09 $24.00 each 22. Non-Uniform Slacks(Female) Brand Name Edwards Garment Co.-Model:2750-09 $24.00 each 14 Page 101 of 319 23. Male Dress Coat- Brand Name Fechheimer-Model:38800 $ 121.39 each 24. Female Dress Coat- Brand Name Fechheimer-Model:38833 $110.91 each List all deviations from the published specifications as part of this bid: NIA PAYMENT PROCEDURE The vendor shall bill the City of Waterloo, Police Department every thirty (30) days for all uniforms and accessories delivered to the Police Department during the preceding thirty(30)days. The City of Waterloo Police Department,715 Mulberry Street,Waterloo,Iowa,50703 shall make payment, in its entirety within thirty (30) days of receipt of invoice after acceptance of goods or services for the preceding thirty(30)day period. This bidder, having fully read this document, hereby acknowledges that this bid proposal completely reflects the total bid as contained herein. Galls, LLC BY: Company Name 1340 Russell Cave Road Title: Chief Financial Officer Address Lexington, KY 40505 Date: 6/14/2021 City, State, &Zip Code Telephone:800-876-4242 Fax:877-914-2557 ATTEST: DATE: City Clerk 15 Page 102 of 319 V144ALLrs ° 340 Russell Cave Road Lexington,KY 40505 Galls, LLC Standard Warranty All products will fall under the manufacturer's standard warranties. In addition, Galls offers a "No Hassle Guarantee"on returned merchandise. This means that if you are unhappy for any reason with your purchase,you may return it to Galls for an exchange or refund within 1 year from purchase date. All ballistic and stab resistant material will have a five-year warranty from the purchase date. Upon timely notice, Manufacturer will repair or replace any vest/plate in which,after examination by Manufacturer, Manufacturer determines there is a manufacturing defect. The outer shell carriers are warranted to be free from manufacturing defects for 24 months from the date of purchase. PROUD TO SERVE AMERICA'S PUBLIC SAFETYPROFESSIONALS Page 103 of 319 Form W-9Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS- internal Revenue Service ►Go to www.imgov1FormW9 for instructions and the latest Information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. GALLS PARENT HOLDINGS, LLC 2 Business name/disregarded entity name,if different from above GALLS,LLC(FEIN:20-3545989) 9 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to CD following seven boxes. certain entitles,not individuals;see cc Q. p ❑ Partnership nership TuUestateinstructions on page 3): Individuaysole proprietor or ❑ C Corporation ❑ S Corporation single-member]1C Exempt payee code(if any) y++. ❑✓ Limited liability company.Enter the tax classification(C-C corporation,S=S corporations,P-Partnership)► P v p Note;Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemptiun from FATCA reporting = LLQ if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(f arty) 0. v another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a singla-member LLC that _ is disregarded from the owner should check the appropriate box for the tax classification of its owner- Other(see instructions)R wner_Other(seeinstructions)R (App)WMACMO(smaW69dcuWdemausl rn 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) CD Po Box 71628 6 CRy,state,and ZtP code CHICAGO, IL 60694-1628 7 Ust account numbers)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social security number backup withholding.For individuals,this is generally your nst security number(SSN.However,fora _m resident alien,sole proprietor,or disregarded entity,see thea instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see Haw to get TIN, later. or Note:If the account is in more than one name,see the instructions far line 1.Also see What Name and I Employer identification number Li Number To Give the Requester for guidelines on whose number to enter. M82 4 0 9 9 4 6 9 Cettlf Cation Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.5.person(defined below);and 4.The FATCA codes)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends an your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the cerliftcation,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of r Here U.S.personl Abml [)at.,- General ate►General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise a Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments +Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. +Form 1099.5(proceeds from real estate transactions) Purpose of Form +Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an +Form 1098(home morigage interest),1098-E(student loan interest), Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identification number(TIN)which may be your social security number +Form 1099-0(canceted debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 9099-A(acquisition or abandonment of secured property} taxpayer identification number(ATIN),or employer identification number (EIN),to report an an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subfact to backup withholding.See What is backup withholding, later. Cat.No,10231X Form W-9(Rev.10-2018) Page 104 of 319 V4L 1340 Russell Cave Road Lexington, KY 40505 To Whom It May Concern, Our W-9 is filled out properly for a Single Member LLC that files its Federal Income Tax return under its Parent Company, Galls LLC is a valid legal entity with FEIN#20-3545989, For Federal Income Tax purposes only,Galls LLC files as a division of its Parent Company,Galls Parent Holdings LLC and pays Federal Income Tax under FEIN#82-4099469. Galls' legal staff together with our Parent Company have issued this W-9 in accordance with Federal law and the use of this form. e 4 1��LT David Scheve CFO Page 105 of 319 C I ient#: 1778682 GALLSL LC 11 ACORD. CERTIFICATE OF LIABILITY INSURANCE GATEIYYYYJ 0310021202/202) THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND 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 pollcy(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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services LLC AICC Ext):513 852.6300 ,No; 513 852.6428 312 Elm Street,24th Floor EMAIL ADDRESS: Cincinnati, OH 45202 513 852-6300 iN5URER[S AFFORDING COVERAGE NAIC# INSURER A:OBE Insurance Corporation 39217 INSURED INSURER 13:General Casualty Company of Wisconsin 24414 Galls, LLC INSURER C:Praetorian Insurance Company 37257 1340 Russell Cave Road INSURER D:The Cincinnati Insurance Company 10677 Lexington,KY 40505 INSURER E:Regent Insurance Company 124449 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD)YYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY X X CGA1365959 3/01/2021 03/0112022 EACH OCCURRENCE $1,000,000 CLAIMS-MAD) ®OCCUR PREMISES Ea occ ns,ce $1,000,000 MED EXP(Any one person) $10,900 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATHLIMIT APPUESPER: GENERAL AGGREGATE $2,000,000 POLICY JECT PRO- ®LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY X X CBA1365959 03/01/2021 03101/2022 (ER ElccldartBINEDSINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per accldant S X UMBRELLA LIAB X OCCUR CCU1365959 3/0112021 03/0112022 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X RETENTION$10,000 $ C WORKERS COMPENSATION CWC1365959 03/01/2021 03101/2022X PER OTH. AMD EMPLOYERS'LIABILITYSTATUTE ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ® N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000,000 If yes,describe Lrndar DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 D Excess Liability EXS0570374 3/01/2021 03101/2022 $15,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS)VEHICLES(ACORD 101,Addltlonal Remarks Schedule,may be attached If more space is required) Evidence of Coverage. CERTIFICATE HOLDER CANCELLATION Galls, LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1340 Russell Cave Road ACCORDANCE WITH THE POLICY PROVISIONS, Lexington, KY 40505-3114 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S313475731M31323006 II Page 106 of 319 Waterloo Police Department Uniform Bid Comparison FYE2022 Bid Comparison Wertjes Galls 1 Male Uniform Trousers-Regular $65.40 $48.40 2 Female Uniform Trousers-Regular $65.40 $48.40 3a Male Uniform "Cargo" Type Pants $84.00 $55.00 3b Male Uniform "Cargo" Type Pants $69.00 $60.35 4a Female Uniform "Cargo"Type Pants $84.00 $53.85 4b Female Uniform "Cargo" Type Pants $69.00 $60.35 5 Male Uniform Shirt-Long Sleeve $58.00 $48.05 6 Female Uniform Shirt-Long Sleeve $58.00 $48.05 7 Male Uniform Shirt-Short Sleeve $52.00 $43.90 8a Male Uniform Palo-Short Sleeve $54.00 $39.67 8b Male Uniform Polo-Long Sleeve $60.00 $42.85 9 Female Uniform Shirt-Short Sleeve $52.00 $43.90 10a Femle Uniform Polo Shirt-Short Sleeve $54.00 $39.67 10b Female Uniform Polo Shirt-Long Sleeve $60.00 $42.85 11a Uniform Jacket-Winter Weight-Outer $110.00 $73.89 11b Uniform Jacket-Winter Weight-inner 12 Uniform Jacket-Winter Weight $198.00 $167.05 13 Uniform Jacket-Summer Weight $60.00 $116.05 14 Uniform Rain Coat- Long $90.00 $133.43 15 Uniform Rain Coat-Short $148.00 $120.18 16 Uniform Rain Cover-Uniform Hat $7.00 $9.78 17 Uniform Hat-Dress $30.00 $49.00 18 Uniform Hat-Winter $8.00 $20.00 19 Uniform Tie $2.75 $3.32 20 Non-Uniform Blazer(Male/Female) $45.00 $82.50 21 Non-Uniform Slacks-Male $28.00 $24.00 22 Non-Uniform Slacks-Female $28.00 $24.00 23 Dress Coat-Male $90.00 $121.39 24 Dress Coat-Female $80.00 $110.91 $1,809.55 $1,730.79 *Galls with shipping $1,875.79 *Galls with contract on shipping is$5.00 on each item shipped. Page 107 of 319 CITY OF WATERLOO Council Communication Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $267,244, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of$267,244, and approving the contract, SUBJECT: bonds and certificate of insurance, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, andauthorizin the e Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Source of Funds: Page 108 of 319 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 22, 2021, and date of public hearing as August 2, 2021, in conjunction with the FY 2020 Westdale Bioswale Landscaping, Contract No. 1048, and instruct the City Clerk to publish notice. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 Resolution approving preliminary_plans, specifications, form of contract, etc., setting date of bid openingas s July 22, 2021, and date of public hearing SUBJECT: as August 2, 2021, in conjunction with the FY 2020 Westdale Bioswale Landscaping, Contract No. 1048, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Summary Statement: Plans prepared by Robinson Engineering Expenditure Required: TBD Page 109 of 319 CITY OF WATERLOO Council Communication Resolution approving support for the submission of a Raise Grant Application to the U.S. Department of Transportation for the La Porte Road/Hess Road Corridor Revitalization Project, and authorizing the Mayor to execute said documents. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 Resolution approving support for the submission of a Raise Grant SUBJECT: Application to the U.S. Department of Transportation for the La Porte Road/Hess Road Corridor Revitalization Project, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Source of Funds: TBD Page 110 of 319 CITY OF WATERLOO Council Communication Resolution Approving a Project Agreement with the Waterloo Development Corporation, in an amount not to exceed $8,825, in conjunction with a Feasibility Study for an Indoor Competitive Swimming Facility, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ WDC Project Funding Agreement Backup Material ❑ Council Communication Backup Material Resolution Approving a Project Agreement with the Waterloo Development SUBJECT: Corporation, in an amount not to exceed $8,825, in conjunction with a Feasibility Study for an Indoor Competitive Swimming Facility, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The Waterloo Development Corporation wants to fund a feasibility study for an indoor competitive swimming facility. The contract is in an amount not to Surrunary Statement: exceed $8,825. Because this project is for city amenities, the expense and related reimbursements from the Black Hawk County Gaming Association will be processed by the City. Ballard King has been hired to complete this study. Expenditure Required: Not to exceed $8,825.00 Source of Funds: Waterloo Development Corporation-Black Hawk County Gaming Association Policy Issue: None Page 111 of 319 PROJECT FUNDING AGREEMENT This Project Funding Agreement (the "Agreement") is entered into effective as of June 22, 2021, by and between Waterloo Development Corporation ("WDC") and the City of Waterloo,Iowa("City"). RECITALS A. WDC and City plan to work together to study the feasibility of the construction of an indoor competitive swimming facility. B. The parties desire to enter this Agreement to express their continued desire to work together for advancement of the Project on the terms set forth herein. AGREEMENT NOW,THEREFORE,in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. City Responsibility. City will work with Ballard*King$ Associates to perform a feasibility study that will include a market analysis, preliminary construction costs, etc. The Waterloo Development Corporation will reimburse the City 100% of the costs of this study pertaining to a competitive pool project at the Cedar Valley Sportsplex up to $8,825.00. The City will oversee all Project activities, will review and approve all requests for payment from Project contractors, consultants, or others, and will issue payment to the requestor in timely fashion (subject to any contractual or other rights to audit,protest,or deny payment). 2. WDC Responsibility. WDC has reviewed and approved the scope of Services from Ballard*King & Associates. WDC agrees to dedicate to payment of the Purchase Contract the sum of$8,825.00 (the "Dedicated Sum")from the funds that it receives or is awarded from the Black Hawk County Gaming Association. Within thirty (30) days of receipt of any payment request that it receives from the City, certifying that the City has made disbursements for payment of the Design Contracts in an amount at least equal to the request, WDC will remit payment to the City in the amount requested,provided that cumulative payments made to the City shall not,in the aggregate, exceed the Dedicated Sum. WDC agrees to cooperate with City in good faith on all future decisions regarding Project design and specifications. 3. 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 addressed: Page 112 of 319 WDC CITY Waterloo Development Corp. City of Waterloo, Iowa 360 Westfield Ave. Ste 200 715 Mulberry Street Waterloo, Iowa 50701 Waterloo, Iowa 50703 Attn: Jim Miller Attn: Mayor 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. 4. 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. Time is of the essence of this Agreement. IN WITNESS WHEREOF,the parties have executed this Project Funding Agreement by their duly authorized representatives as of the date first set forth above. WA00 DE ELOPM CITY OF WATERLOO,IOWA R7obert TI ea cGT/. v� By: Petersen, Vice President Quentin Hart,Mayor Attest: Kelly Felchle, City Clerk 2 Page 113 of 319 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Council Communication Mayor City Council Meeting: July 6, 2021 QUENTIN Prepared: June 23, 2021 HART Dept. Head: Michelle Weidner, Chief Financial Officer COUNCIL MEMBERS ................... MARGARET SUBJECT: Resolution Approving Project Agreement KLEIN with Waterloo Development Corporation Wards for Feasibility Study for Indoor JONATHAN Competitive Swimming Facility in an GRIEDER amount not to exceed $8,825. Ward 2 Submitted by: Michelle Weidner, Chief Financial Officer PATRICK MORRISSEY Ward Recommended City Council Action: Resolution Approving Project Agreement JEROME with Waterloo Development Corporation for Feasibility Study for Indoor AMOS,JR. Competitive Swimming Facility in an amount not to exceed $8,825. Ward 4 Summary Statement: The Waterloo Development Corporation wants to RAY fund a feasibility study for an indoor competitive swimming facility. The contract is FEUSS in an amount not to exceed $8,825. Because this project is for city amenities, the Wards expense and related reimbursements from the Black Hawk County Gaming SHARON Association will be processed by the City. NON At-Large Ballard King has been hired to complete this study. DAVE Expenditure Required: Not to exceed $8,825.00 BOESEN At-Large Source of Funds: Waterloo Development Corporation - Black Hawk County Gaming Association Policy Issue: None Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 114 of 319 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Rev. Anthony J. Kruse, on behalf of Blessed Sacrament Church, in conjunction with the Rock the Lot with John Angotti event, to be held at 650 Stephan Avenue and surrounding streets, on July 17, 2021, from 6:00 p.m. - 8:30 p.m., including live music and the use of a PA system. City Council Meeting: 7/6/2021 Prepared: 7/1/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request Backup Material Resolution approving Variance to Noise Ordinance request from Rev. Anthony J. Kruse, on behalf of Blessed Sacrament Church, in conjunction SUBJECT: with the Rock the Lot with John Angotti event, to be held at 650 Stephan Avenue and surrounding streets, on July 17, 2021, from 6:0012.m. - 8:30 n.m., including live music and the use of a PA system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 115 of 319 APPLICATION FOR VARIANCE,TO NOISE ORDINANCE APPLICANT'S NAME: Rev. Anthony J. Kruse APPLICANT'S ADDRESS: 650 Stephan Ave., Waterloo, IA 50701 APPLICANT'S PHONE#: 319-233-6179 r� ANTICIPATED DATE OF VARIANCE: Saturday, July 17, 2021 NAME OF EVENT, Rock the Lot with John Angotti TIMES OF DAY OF VARIANCE: 6:00pm - 8:30pm GEOGRAPHICAL LOCATION OF VARIANCE; Blessed Sacrament Catholic Church,650 Stephan Avenue and residential streets immediately surrounding Blessed Sacrament. DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Residential homes are across the street from church parking lot. 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, I. John Angotti, who is a national ly-reknowned music missionary, and his band, will perform in the Blessed Sacrament Church parking lot. Christian worship music, along with some covers may be performed. Open to ALL! z Angotti and his band will be playing their instruments outside and an amplifier will be used. Goodie bags explaining the event, along with an invitation to attend, will be delivered to surrounding neighbors, l --- Applicant's ig>tature July 1 , 2021 Date CITY COUNCIL ACTION: Police Dept,Recommendation APPROVAL: ' APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Page 116 of 319 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Boulder Contracting Inc. of Grundy Center, Iowa for a total increase of$973.00, in conjunction with the FY2021 Greenbelt Lake Reap Grant Project, Contract#1042 and authorizing the Mayor to execute said documents. City Council Meeting: 7/6/2021 Prepared: 6/30/2021 ATTACHMENTS: Description Type Change Order#1 FY2021 Greenbelt Lake Reap Grant Cover Memo P roj ect Motion approving Change Order No. 1 with Boulder ContractingInc. of SUBJECT: Grundy Center, Iowa for a total increase of$973.00, in conjunction with the FY2021 Greenbelt Lake Reap Grant Project. Contract#1042 and authorizing the Mayor to execute said documents. Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager Recommended Action: Approve Change Order#1 in the amount of$973.00. This change order covers additional stacked stone for the eight sitting areas Sununary Statement: around lake. Additional stone was needed to reach existing trail in some locations. Expenditure Required: $973.00 Source of Funds: Park Improvements Bond Funds Policy Issue: Strategy 4.5 Quality of Place Page 117 of 319 CHANGE ORDER I i rl Change Order Number: 01 architecture &planning Project Name: FY 2021 Greenbelt Lake Reap Grant Project# 1042 Date: June 28, 2021 Owner: The Clty of Waterloo - Leisure Services 1101 Campbell Ave. Waterloo, IA 50701 319-291-4370 Contractor: Boulder Contracting Inc. 606 E.1 st St. PO Box 310 Grundy Center, IA 50638 319-269-8680 Contract Date: February 17, 2021 Description of Work Changes: Extra stone stack required Original Contract Amount: $ 252,150.00 Total Increase/Decrease from Previous Change Order(s): $ +973.00 Total Amount for This Order: $ +973.00 New Contract Amount Including this Change Order: $ 253,123.00 Time Required to complete the project shall be increased/decreased/unchanged by 0 days due to the change order and the date of completion shall be changed to NIA Owner/Representative Print: Signature: Date: Contractor/Representative Print: PAwQ �I�PsoPoaloS Signature: _, Date: klyy 2a l 8of319 327 E.4th Street,Suite 204 Waterloo, Iowa 50703 [3191233-1163 www.alignn .corr CITY OF WATERLOO Council Communication Motion approving Change Order No. 9 with WRH, Inc., of Amana, Iowa, for a net increase of$18,329 in conjunction with the Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ AECOM Recommendation Backup Material ❑ Change Order No. 9 Backup Material Motion approving Change Order No. 9 with WRH. Inc., ofAmana, Iowa, SUBJECT: for a net increase of$18,329 in conjunction with the Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: approve Change Order#9 Expenditure Required: $18,329.00 Source of Funds: Sewer funds Page 119 of 319 AECOM AECOM 319-232- 1 tel 501 Sycamore Street 319-232-0270271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com June 23, 2021 Mr. Randy Bennett Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Change Order No. 9 Satellite Wet Well Rehabilitation Waterloo, Iowa City Contract No. 907 AECOM #60488465 Dear Mr. Bennett: Enclosed please find Change Order No. 9 for the above-referenced project. This change order includes the following: Additions: • Core Drill and Pipe Replacement • Cut and Remove Odor Control Pipe It is recommended to move forward with this Change Order No. 9 in the net amount of$18,329.00. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, o/z Ross A. Hillsman, PE Enclosure: As Noted P:\60488465\600_Construction_Support\670_Change-Orders\2021-06-23 CO #9 - Trnsmtl to Randy Bennett Waterloo Satellite Wet Well Rehab.docx Page 120 of 319 CHANGE ORDER NO. 9 Owner: City of Waterloo Date: June 22,2021 Project: Satellite Wet Well Rehabilitation Owner's Contract No.: 907 Contractor: WRH,Inc. Date of Contract Start: $ Original Contract: $1,839,380.00 You are directed to make the following changes in the Contract Documents. Description: Additions: • A deteriorated pipe was found within the Satellite Wet Well Valve Vault on the back side after the wet well was cleaned. Discussions with the City and the Engineer determined that replacing the existing pipe would be necessary. Core Drill and Pipe Replacement=$15,355.00 • A deteriorated odor control pipe was found within the Satellite Wet Well during construction. The pipe will be cut,removed,and the remaining pipe capped. Cut and Remove Odor Control Pipe=$2,974.00 TOTAL ADDITIONS: $18,329.00 TOTAL DEDUCTIONS: (0.00) NET CHANGE ORDER AMOUNT: $18,329.00 Reason for Change Order: This change order will remove the existing corroded and deteriorated pipes within the Satellite Wet Well improving the safety,effectiveness,and reliability of the wet well. The pipe within the well will be replaced. The odor control pipe remaining will be capped. These areas were not accessible for evaluation prior to the beginning of construction,but it was known these were potential and likely additions to the project. CONTRACT PRICE CONTRACT TIMES(Calendar Days) To Substantial To Final Completion Completion Original: $ 1,839,380.00 Original: Previous C.O.s(ADD/DEDUCT): $ 389,545.00 Previous C.O.s(ADD/99-1r ): 4 This C.O.(ADD/9RDI{ST): $ 18,329.00 This C.O.(ADD/DEDUCT): 17 Contract Price With All Approved Change Orders: $ 2,247,254.00 REVISED: Original Completion Date: October 1,2019 Revised Completion Date: To be Determined 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: City of Waterloo(Authorized Signature) Date: ACCEPTED: By: 6-73 - 21 WRH,Inc.(Authorized Siqnature) Date: AECOM 60488465 9 Project No. Change Order No. Pagel oft P:\60488465\600_Construction_Support\670_Change-Orders\2020-06-22-CO#9-Satellite Wetwell-WRH.doc Page 121 of 319 CITY OF WATERLOO Council Communication Recommendation of appointment of Taylor Mork, from the Civil Service List, to the position of Golf Maintenance II, in the Leisure Services Department, effective July 7, 2021, subject to pre-employment physical and drug screening. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ GMII Pers. Req Backup Material ❑ questionnaire GMII Backup Material ❑ Job Description GMII Backup Material Recommendation of appointment of Taylor Mork, from the Civil Service SUBJECT: List, to the position of Golf Maintenance II, in the Leisure Services Department, effective July 7, 2021, subject to pre-employment physical and drug screening. Submitted by: Submitted By:Paul Huting, Leisure Services Director Recommended Action: Recommend approval of appointment. The Civil Service List for Golf Maintenance II was certified on June 18, Summary Statement: 2021. This position was vacated 2/16/21 due to a retirement. Expenditure Required: Annual salary: $62,067 Benefits: $28,173 Source of Funds: Leisure Services (4120 Golf Courses) operating budget. Policy Issue: This action will help support the City of Waterloo Strategic Plan Strategy 4.5 -Maintain facilities that support quality of place. Background Information: Attachments include the current Civil Service List, Personnel Requisition Form questionnaire and job description. Page 122 of 319 RECEIVEO FEB 0 12021 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or To fill a vacancy F1 Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submissio>a t Human Resources. Position Title: Golf Maintenance 11 Department: Leisure Services Reports To: Assistant Park Superintendent Work Location: Golf Courses Employment Status: Regular Full Time F1 Temporary Full Time from to EJ Regular Part Time ❑Temporary Part Time from to []Regular 7-Month F1 Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: 9 yes EJ No E]Internal Posting Only Bargaining Position: N Yes E]No Internal Posting and External Advertising Bargaining Group: 177 is Non-bargaining Position: El Yes No Complete the following if the requisition is to fill a vacancy: El Now Position or Replacement Position for:Casey Harn,Golf Maintenance 11 (Specify name and title of former incumbent) If replacement,former incumbent: Retired/Resigned/Terminated El Transferred F1 Promoted Date incumbent terminated employment: 2/16/21 Date of final payout: 3/12/21 Anticipated start date: TBD No.of hours/week:40 Work schedule: 6:00am-2-30t)ln M-F Justification of need for position: This is an essential maintenance position for the golf courses. The golf course Maintenance H position also supervises seasonal staff and manages day4o-day operations on the golf course in the f t. absence of the Golf 111. This position also completes snow removal throughout the City and assists with flooding emergencies. What are the likely consequences if the position is not filled? Course conditions will deteriorate rapidly; City will experience loss of revenue due to poor playing conditions. More snow removal will need to be contracted. Leisure Services Department will be less able to assist with emergency flood preparations. APPROVALS Annual salary requirements: $62,067.20 Hourly Rate, $29.84 Benefits:$28,173.00 (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? 0 Yes F]No If no,how willp osition be funded? Approved subject to the faflowing conditions: b)4c2t%e!aad� Date Submitting p Mayor 'I Date lit CluAlFinancial.Officer Date Human Resourc Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 123 of 31 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission. to Human Resouj ces. *x*��vexxxxxxxxx�r k�c 9r k�atr*aF:k**c&aF Bcx Kxir�,F aF k49:ki:xKir it*Ksc*xkk*ir�Y*K�x*x��ir ix�cxxiv cK�*�Fx�:K+c*'e*:F>":�,Fxx kk*xxx�Fxx Position Title: Golf Maintenance 11 Department: Leisure Services Reports To: Assistant Park Superintendent Work Location: Golf Courses Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑No ❑ Internal Posting Only Bargaining Position: ® Yes ❑No ® Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: ❑Yes ®No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Case Harn Golf Maintenance II (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted €; Date incumbent terminated employment: 2/16/21 Date of final payout: 3/12/21 Anticipated start date: TBD No. of hours/week: 40 Work schedule: 6:00am-2:30pm M-F Justification of need for position: This is an essential maintenance position for the golf courses. The golf course Maintenance N position also supervises seasonal staff and manages day-to-day operations on the golf course in the absence of the Golf III. This position also completes snow removal throughout the City and assists with flooding emergencies. What are the likely consequences if the position is not filled? Course conditions will deteriorate rapidly; City will experience loss of revenue due to poor playing conditions. More snow removal will need to be contracted. Leisure Services Department will be less able to assist with emergency flood preparations. APPROVALS Annual salary requirements: $62,067.20 Hourly Rate: $29.84 Benefits: $25,173.00 (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? ® Yes ❑No If no,how will position be funded? Approved subject to the following conditions: Submitting Depart t cad Date Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 124 of 319 PERSONNEL REQUISITION GOLF MAINTENANCE H The following questions are provided as guidelines to assist you in developing your rational for the position of Golf Maintenance 11 in the Leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Primary duties include performing daily maintenance tasks at one of the three Waterloo Municipal golf courses. This would 'include but not limited to: mowing greens,tees, and fairways. Operating specialized golf turf equipment. Operating and preforming maintenance on irrigation systems. Diagnosis of turf disease and insect problems and application of pesticides, insecticides and other chemicals in the care of golf course vegetation. Assisting in the supervision of seasonal maintenance workers. Trimming and pruning trees. Completes adjustments to mowers and conducts comprehensive preventative and curative maintenance on full fleet of golf course maintenance equipment. Rakes turf, sand traps, and cuts, rolls, and installs sod. Prepares written records and reports. Responds to questions from the public concerning golf course maintenance. Completes snow i removal throughout the city in winter months. Assists with emergency flood preparation throughout the City. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. All other employees are being used to their fullest potential. (3) How is the work of this position being accomplished now? The work is not adequately being completed now. The loss of one position on the golf course is 113 of the full time crew size or 1/5 of the overall crew if you include seasonal positions. E (4) Are the filled positions in your department currently being utilized to their maximum potential? Absolutely. (5) How would filling this position meet the needs of your department or the City on either a,short-telco basis (if temporary position) or a long-term basis (if a regular position)? Page 125 of 319 kfk' i E' t The golf course maintenance crews are extremely small in size when compared to crews of other 18 hole golf courses. Typically between full and part time employees in peak season only five total maintenance staff are used. In order to successfully complete needed maintenance work it is imperative that this retirement vacancy be backfilled. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? The City will realize savings each winter needing to contract less snow removal through private companies. Additionally, filling this position will allow the golf courses to continue to maximize revenues realized when playing conditions are acceptable to the golfing public. Reducing the golf maintenance staff by even one position will have a dramatic negative impact on playing conditions and revenue will be lost because golfers will chose to play elsewhere. 77 (7) if you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? E So far we have not utilized a lot of overtime to backfill the vacancy created by this retirement but if we get into the spring season and the grass starts growing is that will certainly change. E (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The spring, summer, and fall workload has remained fairly consistent over the past three fiscal years however the wintertime workload has increased due to the City installing new sidewalks,parking lots, and other areas needing snow removal. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as E specific as possible. Not filling this position will increase the subsidy needed to operate the golf courses. In fiscal year 2020 we were able to lower expenditures and increase revenues versus fiscal year 2019. We want to continue that trend. Having poor playing conditions will move the trend back in a negative direction and ultimately cost the tax payers more money while providing less quality playing conditions. All maintenance tasks noted in question number one would be completed at lower frequencies. is Page 126 of 319 F{f E:. {(11E {{E{ {E { E (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? In many cases the maintenance tasks that this position would complete will not be addressed until the person returns from vacation. There are a few core tasks that must be completed each day such as mowing greens but many other tasks such as mowing rough will have to wait until staffing is sufficient to work on these items, (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No. This position is supporting a crew already in place. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is equally as important as every other maintenance position in the Leisure Services Department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position would support the City of Waterloo Plan: i Strategy 1.7- Seek ways to create a live,work, learn, and play environment with amenities that attract and retain population in Waterloo. Strategy 4.5- Maintain facilities that support quality of place. Note: Forward completed questionnaire to Human Resources E Department with original copy of Personnel Requisition form. i E f Ei i; F Page 127 of 319 I` Name and Job Title -Oa /Cnt� _r 0al f , —_— Department—LosAA, (z I --_— — --- Today's Date I wish to announce my (circle one) RETIREMENT TERMINATION Effective on this date: —_-- For the following reasons: Sincerely, Signature and Today's Date Page 128 of 319 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the Golf Course Maintenance II description and following directions to submit cover letter and resume. We will not accept mailed,faxed, hand-delivered or directly emailed resumes. Deadline to submit resume is Noon on a date and time to be determined. CIVIL SERVICE NOTICE CITY OF WATERLOO,IOWA OPEN EXAMINATION GOLF COURSE MAINTENANCE II DEPARTMENT LEISURE SERVICES SALARY $28.84 with$1.00 increase after 6-month probation FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Performs duties relating to maintenance and operation of an eighteen-hole municipal golf course. The work is performed under the general direction of the Golf Course Maintenance III (Greenskeeper) and Golf Manager. If working weekends or in absence of Golf Maintenance Ill, will assume supervisory responsibilities. May supervise part time and seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS and programs in absence of Golf Maintenance (Illustrative Only) III. These functions are considered essential for successful performance in this job classification. 9. Prepares written records and reports. 1. Operates and maintains specialized golf 10. Operates golf maintenance equipment either course turf equipment and irrigation system. riding or on foot. 2. Applies pesticides, insecticides and other 11. Performs golf course maintenance on uneven chemicals in the care of golf course ground and while golfers are on course. vegetation. 12. Works in trenches to perform irrigation 3. Assists Golf Maintenance III in supervision of system repairs; confined space entry when a crew involved in daily golf course working in water pits and manholes for maintenance operations. irrigation system. 4. Diagnoses and treats turf insect and disease 13. Participates in department preventive problems. maintenance program for vehicles and equipment. 5. Trims and prunes small trees and bushes on golf course and assists forestry crew on larger 14. Responds to questions from the public projects. concerning golf course maintenance. 6. Moves tee markers, cuts cups, adjusts 15. Directs the work of part time and seasonal mowers, operates weed eater and repairs workers as assigned. equipment. 16. Workload varies and may be repetitive. 7. Rakes turf and sand traps and rolls sod. 17. If assigned to work weekends, will assume 8. Organizes and completes golf course projects supervisory duties. Page 129 of 319 18. Works independently and with others with pros and the public. minimum supervision. 11. Ability to work with people from a broad 19. Attends work regularly at the designated variety of social, economic, racial, ethnic and place and time. educational backgrounds. 20. Works outside in all weather conditions; ACCEPTABLE EXPERIENCE & TRAINING works near moving vehicles and equipment; 1. Bachelor's Degree from an accredited college operates equipment and tools that cause or university with major course work in turf vibration; exposed to pesticides, insecticides management, horticulture or a closely related and other chemicals;noise level is often loud. field with minimum one year experience in golf course turf management 21. Performs all work duties and activities in OR accordance with City policies,procedures and Graduation from a two-year horticulture OSHA, City and Leisure Services safety rules program with minimum three years' and regulations. experience in golf course turf management OR 22. Performs all other duties as assigned. High school graduate/G.E.D. with minimum five years' experience in golf course turf REQUIRED KNOWLEDGE &ABILITIES management 1. Knowledge of and ability to diagnose and OR treat turf insect and disease problems as they Any equivalent combination of education and affect golf courses. experience that provides the knowledge, skills and abilities necessary to perform the 2. Thorough knowledge of the techniques and essential functions of the position. principles of golf course management and maintenance. 1. Iowa Class A Commercial Driver's License within 120 calendar days of employment and 3. Knowledge of occupational hazards and good driving record based on City of safety procedures of golf course work. Waterloo driver performance criteria. A candidate with any of the following will not 4. Ability to operate golf course maintenance be considered for employment: loss of license equipment such as riding mower, tractor, for any reason during the period of candidacy cultivator, loader, chemical sprayer, backhoe, for employment, if the candidate remains trencher and other specialized golf equipment without a valid, current license for the for four to six hours at a time. position when the City issues an offer of employment; loss of license, plea of guilty, 5. Ability to plan, assign and supervise part time plea of no contest or its equivalent or and seasonal employees. conviction for OWI, reckless driving or other major moving violation include habitual 6. Ability to express ideas orally and in writing. violator within the previous five years; four or more citations for moving violations 7. Ability to understand chemical hazard labels within the previous three-year period, and keep chemical spraying records. excluding speeding violations of 10 mph or less over the posted speed limit; three or 8. Ability to exercise independent judgment in more citations for moving violations within completion of assigned projects. the previous one-year period. After appointment to the position, disciplinary 9. Ability to respond to questions and comments action or continuing employment status may from the public tactfully and politely. be reviewed for the following: four or more moving violations within the previous three 10. Ability to communicate effectively and years,three or more moving violations within maintain working relationships with the previous one year or loss of license or coworkers, supervisors, elected officials, golf conviction for OWI, recklessage glb 019 major moving violation including habitual examination and a drug test by a physician of the violator within the previous five years; two or City's choice to determine if an applicant is more at-fault accidents within a three-year capable of performing the essential functions of period while driving on City business; three the position. Failure to pass the physical and or more at-fault accidents within a three-year drug test will result in withdrawal of the period. An applicant's driving record will be employment offer. reviewed prior to an offer of employment and 4. The City of Waterloo reserves the right to at least annually after hire. conduct a background investigation including driving, employment, education and criminal 3. State of Iowa Commercial Pesticide history checks on any applicant being Applicators License for ornamental turf considered for this position. ESSENTIAL PHYSICAL ABILITIES 5. Must submit to and pass Civil Service The following physical abilities are required with or examination procedures including a panel without accommodation. interview. 1. Sufficient strength and flexibility to perform WORK SCHEDULE assigned tasks. Shift time will vary but will generally be an eight- hour shift between the hours of 5:00 a.m. and 3:30 2. Sufficient speech and hearing that permits the p.m. with half-hour unpaid lunch break. May work employee to communicate effectively with Monday-Friday but could be scheduled to work coworkers and the public. weekends with alternate days off (i.e. Monday and Tuesday). When working the weekend schedule, will 3. Sufficient depth perception, distance and assume supervisory duties. May be required to report peripheral vision to safely operate vehicles after damaging storms. and equipment in all weather conditions and to observe distance of golfers; sufficient EXAMINATION INFORMATION color vision to note flag and tee markers and Qualified applicants who apply by the deadline date will observe and diagnose turf diseases; sufficient be required to appear before an oral examination panel consisting of a minimum of three people who have dexterity to safely operate powered and expertise in the areas being tested. An individual must manual golf course maintenance tools and receive a minimum average score of sixty points out of equipment; sufficient hearing to understand one hundred to achieve a passing score on the oral verbal instructions, respond to questions from examination. The top applicants, as ranked by their scores the public, diagnose equipment malfunctions on the oral examination will be the individuals placed on and hear warnings of golfers. the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo 4. Sufficient mobility that permits the employee shall have one additional point per full year of to operate required equipment safely in all employment up to a maximum of five points added to their types of weather. final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa MISCELLANEOUS and who are citizens and residents of the United States 1. Must wear personal protective equipment shall have five additional points added to their final score such as safety shoes, safety glasses, hearing upon submission of their DD214 or ten points added if protection, gloves, protective clothing and they were awarded a Purple Heart or have a service respirator. connected disability. 2. Must submit to Department of Transportation ORAL EXAMINATION DATE requirements including pre-employment, Qualified applicants who apply by the deadline date will post-accident, reasonable suspicion, random be notified of the time,place and date of the examination. and return-to-duty/follow-up alcohol and drug A.A./E.E.O. testing. Minority,female& disabled individuals are 3. Following a conditional offer of employment, encouraged to apply. the City of Waterloo requires a physical GOLF MAINTENANCE 11 DESCRIPTION 20 Octo Oa'gog 131 of 319 CITY OF WATERLOO Council Communication Recommendation of appointment of Matt Boquist to the position of Street Department Director, effective July 7, 2021. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ Personnel Requisition Backup Material ❑ Job Description Backup Material SUBJECT: Recommendation of appointment of Matt Boquist to the position of Street Department Director. effective July 7, 2021. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Recommendation This position is responsible for coordination and supervision of day-to-day field activities related to the maintenance and care of City streets including Summary Statement: prioritizing work assignments, coordinating equipment training, monitoring maintenance of equipment, inspecting work performed and responding to citizen complaints. Expenditure Required: $73,819.00 (FY21) ($35.49) with benefits $105,851.20 ($50.89) Source of Funds: Road Use Tax Funding Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Background Information: This position is being filled due to a resignation of the previous Director in December of 2020. Matt has been the interim director since December. Page 132 of 319 PERSONNEL REQUISITION FORM RECEIVED JUN 10 2021 Check as applicable: ❑ To start recruiting or civil service process and/or To fill a vacancy ❑ Active Civil Service List Expires: A proposed jab description and questionnaire must accompany this form at time of submission to luman Resources. .Position Title: Street Director Department: Street lDWartment Reports To: PublicWorks Div.Mir. Work Location: Street Department I Public Works Employment Status: ®Regular Full Time ❑Temporary Full Time from _ to Regular Part Time ❑Temporary Part Time from to ❑Regular 7-Month ❑ Intern/Co-op Student from to �_ Type of Position: RecommendedRecruitment Sources: Civil Service Position: ❑Yes N No ❑Internal Posting Only Bargaining Position: ❑Yes ®No ❑ Internal Posting and External Advertising Bargaining Group. Non-bargaining Position: Yes ❑No Complete the following if the requisition is to fill avacancy: ❑ New Position or N Replacement Position for:Tony Pauley-Street Supervisor-Recommend appointing Matt Boquist to the position who currently has been the interim Director since Tons departure. (Specify came and this:of former incumbent) Date incumbentterminatedemployment: 12/11/2020 Date of final payout: 12131/20 Anticipated start date: ASAP No,of hours/week:40 Work schedule: TBA Justification of need for position: This position is responsible for coordination and supervision of day-to-day field activities related to the maintenance and care of City streets including prioritizing work assignments,coordinating equipment training,monitoring maintenance of equipment, inspecting work performed and responding to citizen complaints.Directly supervises two foreman and indirectly supervises up to thirty laborers and equipment operators. What are the likely consequences if the position is not filled? With out this position it would have a negative impact on the department's ability to complete all necessary street repairs and snow removal operations. APPROVALS Annual salary requirements: 73,819 (FY21) Hourly Rate: $35.49 Benefits: 50.89 (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future F'Ys? Z Yes ❑No If no,how will position be funded`/ Approved:subject to the following conditions: Submittingailment Head Date Mayor ate � o_ hie Financial Officer Date umatt Resources Director Date Created 8/7/2019 Page 133 of 319 Any current full time regular City of Waterloo employee who meets the minimum qualifications is eligible to apply. All qualified employees must submit a cover letter and resume detailing education and experience by going to the applicable link you received in an email or that was sent to the department clerical staff. Hand- delivered resumes or resumes sent by email directly to Human Resources will no longer be accepted. CITY OF WATERLOO,IOWA CIVIL SERVICE NOTICE Street Department Director DEPARTMENT STREET SALARY $73,819 FLSA EXEMPT CIVIL SERVICE EXCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES Assistant Director position responsible for coordination and supervision of day-to-day field activities related to the maintenance and care of City streets including prioritizing work assignments, coordinating equipment training, monitoring maintenance of equipment, inspecting work performed and responding to citizen complaints. Directly supervises two foreman and indirectly supervises up to thirty laborers and equipment operators. The work is performed under the general direction of the Public Works Division Manager, but considerable leeway is granted for the exercise of independent judgment and initiative. Will act on behalf of Division Manager in his absence. EXAMPLES OF ESSENTIAL FUNCTIONS 3. Makes daily and weekly work assignments (Illustrative Only) and reviews work of Street Department crews These functions are considered essential for through on-site inspections and consultation successful performance in this job classification. with foremen. 1. Oversees the planning, assignment and 4. Monitors maintenance of department supervision of foreman, unskilled laborers equipment and coordinates a training and equipment operators in the maintenance program to ensure safe operation of of streets, alleys and public works projects equipment. such as repairing broken asphalt, street patching, street oiling and seal coating, 5. Reviews daily log sheets of work performed. digging and back filling water and sewer cuts, ditch cleaning, sanding and salting, 6. Operates passenger-type vehicle, generally snow and ice removal, and street cleaning. pickup truck. 2. Reviews and prioritizes Street Department 7. Assists the Public Works Division Manager projects on a daily and weekly basis based on in accomplishing short and long-term goals weather conditions, and staff, equipment and and objectives for the department. material availability. Page 134 of 319 8. Processes, investigates and responds to citizen complaints, questions and requests for 8. Ability to make decisions in emergency service. weather conditions. 9. Assists the Public Works Division Manager 9. Ability to respond to questions and discuss in hiring, evaluating and disciplining street maintenance issues with the public and department employees. public officials tactfully and promptly, in a clear, concise and easily understandable 10. Assumes responsibility for all department manner. functions in the absence of the Public Works Division Manager. 10. Ability to communicate effectively and maintain working relationships with other 11. Works independently and with others with City employees, supervisors, elected officials minimum supervision. and the public. 12. Attends work regularly at the designated 11. Ability to keep accurate and thorough records place and time. of street and equipment maintenance and work performed using electronic 13. Performs all work duties and activities in management programs. accordance with City policies, procedures and OSHA, City and Street Department 12. Ability to read, understand and train others safety rules and regulations. on chemical hazard labels. 14. Performs all other related duties as assigned. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic, REQUIRED KNOWLEDGE &ABILITIES and educational backgrounds. 1. Comprehensive knowledge of materials, methods, practices and operating procedures ACCEPTABLE EXPERIENCE & TRAINING utilized in the maintenance and upkeep of 1. Graduation from an accredited college or streets,bridges and highways. university preferably with a Bachelor of Science in Construction Management or related field. 2. Knowledge of construction, maintenance and repair of concrete, asphalt and rock roads. 2. Minimum five years progressively more responsible experience in street maintenance, 3. Knowledge of occupational hazards public works or related area in all types of associated with and the safety precautions weather conditions with minimum one year necessary in the operation of street of direct supervisory experience; prefer maintenance equipment. hands-on experience in the operation of heavy street maintenance equipment, 4. Ability to read, understand and work from snow/ice control, seal coating, asphalt and blueprints,plans and diagrams. concrete processes, and crack sealing. OR 5. Ability to operate personal computer and Any equivalent combination of education and learn related software applications like experience that provides the knowledge, Precise,Weather Sentry, Elements etc. skills and abilities necessary to perform the work. 6. Ability to make decisions regarding work assignments and scheduling and solve 3. Required to possess or obtain an Iowa Class B production, equipment and tool problems. Commercial Drivers' License (CDL) with air brake restriction and with tank and 7. Ability to plan, assign, supervise and review combination endorsements within 6 months work of subordinate employees. of employment. Good driving record based Page 135 of 319 on City of Waterloo driver performance 4. criteria. A candidate with any of the following will not be considered for employment: loss MISCELLANEOUS of license for any reason during the period of 1. Must comply with City of Waterloo candidacy for employment, if the candidate Residency Policy for Critical Employees remains without a valid, current license for (physically reside within ten-mile radius of the position when the City issues an offer of Waterloo City Hall-will be given reasonable employment; loss of license, plea of guilty, compliance period as determined by plea of no contest or its equivalent or department head). Must maintain a local conviction for OWI, reckless driving or other telephone number in order to be contacted major moving violation within the previous during emergencies. five years; four or more citations for moving violations within the previous three-year 2. Following a conditional offer of employment, period, excluding speeding violations of 10 the City of Waterloo requires a physical mph or less over the posted speed limit; three examination and a drug test by a physician of or more citations for moving violations the City's choice to determine if an applicant within the previous one-year period. After is capable of performing the essential appointment to the position, disciplinary functions of the position. action or continuing employment status may be reviewed for the following: four or more 3. The City of Waterloo reserves the right to moving violations within the previous three conduct a background investigation including years,three or more moving violations within employment and criminal history checks on the previous one year or loss of license or any applicant being considered for this conviction for OWI, reckless driving or other position. major moving violation within the previous five years; two or more at-fault accidents 4. Must submit to Civil Service examination within a three-year period while driving on procedures including a panel interview. City business; three or more at-fault within a three-year period. An applicant's driving WORK SCHEDULE record will be reviewed prior to consideration Generally 6:30 a.m. to 3:30 p.m. Monday through for an interview, prior to offer of employment Friday with one hour unpaid lunch. Must also be and at least annually after hire. available outside these hours for department or City activities or meetings that require the attendance of ESSENTIAL PHYSICAL ABILITIES the Operations Supervisor. Significant overtime The following physical abilities are required with or during weather emergencies, including weekends, without accommodation. evenings,nights and holidays. 1. Speech and hearing that permits the employee to communicate effectively with employees and the public in person, over the telephone or over a radio. 2. Personal mobility that permits the employee to operate a pickup truck safely in all types of weather, to visit work sites all over town, attend meetings and meet with the public both inside and outdoors. 3. Vision to review construction sites, assess STREET DEPARTMENT DIRECTOR DESCRIPTION 21 road conditions, operate a pickup truck, and MAY 2021 train employees on equipment operation and general maintenance. Page 136 of 319 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 7.6.2021 Resolution Letter SUBJECT: Bonds. Page 137 of 319 BONDS FOR COUNCIL APPROVAL July 6, 2021 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA8195303 DAVID KRUSE WATERLOO, IA JAMES BARKER AND MELISSA BARKER WATERLOO, IA 95 CF G561 2 JAMES FURLAND WASHBURN, IA IA5127300 KUNTA DAVIS DBA UNDERCUTTERS WATERLOO, IA MICHAEL FRY WATERLOO, IA 65542622 TIMOTHY J. HAUGH WATERLOO, IA ROW BONDS 5/3/2021 Page 1 of 1 Page 138 of 319 CITY OF WATERLOO Council Communication FY 2022 Asphalt Emulsions for the City's Recycled Asphalt Paving Program. City Council Meeting: 7/6/2021 Prepared: 6/21/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document and form of SUBJECT: contract, etc., and authorizing to proceed. Motion to received, file and instruct the City Clerk to read bids. Resolution awarding bid to of , , in the amount of$ . in conjunction with FY 2022 Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and authorizing the Mayor execute said documents. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Motion Summary Statement: This program consists of cold, in place mixture of lizuid emulsified asphalt with crushed hot mix product.; Expenditure Required: $215,000.00 Source of Funds: Local Option Sales Tax-205-19-7110-1513 Policy Issue: Strategy 2.2 - To enlist all City Department and staff members in efforts to promote a safer community. Background Information: Emulsified asphalt is used in our recycled paving program annually for unimproved streets. Page 139 of 319 FY 2022 Asphalt Emulsions for City's Recycled Asphalt Emulsions Program Estimate: $215,000.00 Bidder Bid Bid Amount Security Product Min.Quantity Unit Price Total HFMS-2S 1,760 Gallons $2.00 $3,520.00 CRS-2P 940 Gallons $2.50 $2,350.00 Bituminous Materials & DILUTE CSS-1 236 Gallons $1.10 $259.60 Supply Des Moines, IA Product Max.Quantity Unit Price Total HFMS-2S 5,000 Gallons $2.00 $10,000.00 CRS-2P 50,000 Gallons $2.50 $125,000.00 DILUTE CSS-1 15,000 Gallons $ 1.10 $16,500.00 Product Min.Quantity Unit Price Total HFMS-2S 1,760 Gallons $2.53 $607.20 Ton CRS-2P 940 Gallons $3.03 $712.05 Ton Flint Hills Resources DILUTE CSS-1 236 Gallons No Bid No Bid Dubuque, IA Product Max.Ouantity Unit Price Total HFMS-2S 5,000 Gallons $2.53 $607.20 Ton CRS-2P 50,000 Gallons $3.03 $712.05 DILUTE CSS-1 15,000 Gallons $2.53 $594.55 Ton Page 140 of 319 CITY OF WATERLOO Council Communication FY2021 CIP Pipelining Phase IVA2 Project, Contract No. 1043. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specification form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to Waste Management Services Department for review. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Page 141 of 319 FY 2021 CIP PIPELINING PHASE IVA2 CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1043 Bid Tab Estimate: $1,080,682.50 Bidder SecBid Bid Amount Total Base Bid $ 1,069,120.90 Total Alt.No. 1 $94,860.90 Insituform Technologies USA, LLC Total Alt.No.2 $91,819.20 Chesterfield, MO Total Alt.No. 3 $111,522.50 Total Alt.No.4 $39,132.40 Total Alt.No. 5 $19,435.70 Total Base Bid $943,483.00 Total Alt.No. 1 $87,213.25 SAK Construction Total Alt.No.2 $88,584.00 O'Fallon, MO Total Alt.No. 3 $100,282.00 Total Alt.No.4 $37,544.00 Total Alt.No. 5 $17,577.00 Total Base Bid $ 803,304.95 Total Alt.No. 1 $74,630.30 Municipal Pipe Tool Co., LLC Total Alt.No.2 $93,624.00 Hudson, IA Total Alt.No. 3 $99,008.60 Total Alt.No.4 $40,251.50 Total Alt.No. 5 $17,220.00 Page 142 of 319 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with Misty Southworth to allow for a 6-foot high fence, at 114 Berkshire Road, to be constructed 10-feet onto the City right-of-way of Russell Road, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/17/2021 ATTACHMENTS: Description Type ❑ 114 Berkshire Packet Backup Material ❑ Signed EA Agreement Backup Material Resolution approving an Encroachment Agreement with Misty Southworth SUBJECT: to allow for a 6-foot high fence, at 114 Berkshire Road, to be constructed 10-feet onto the Citght-of-way of Russell Road, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Resolution approving an encroachment agreement with Misty Southworth for an encroachment agreement to allow for a 6' high fence to be constructed 10' feet into the City right-of-way of Russell Road at 114 Berkshire Road and authorizing the Mayor and City Clerk to execute said document. The request could have a negative impact upon the surrounding area, as approval of the encroachment could set precedence for other properties in the area to request to have similar encroachments onto City right-of-way, and could hinder future placement of utilities or sidewalk, although the encroachment agreement will have provisions for termination if the area is so needed. The request would not appear to have a negative impact upon pedestrian or traffic conditions in the area. There are no sidewalks on either Russell Road or Berkshire Road. The lot in question is zoned "R-1"One and Two Family Residence District, and has been zoned as such since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: North— Residential Development, zoned "R-1" One and Two Family Residence District. South— Residential Development, zoned "R-1"One and Two Family Residence District Surrunary Statement: East— Residential Development, zoned "R-1"One and Two Family Page 143 of 319 Residence District West— Residential Development, zoned "R-1" One and Two Family Residence District No portion of the lot in question 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 0301F, dated July 18, 2011 In the past, encroachment agreements the City has entered into have included provisions that allow the City to give a notice of termination of the agreement if the right-of-way or utility easement is needed for any future public purposes, and requiring that the City have no liability for any damage that may occur. The applicant is requesting to allow for a 6' high fence to be constructed 10' into the City right-of-way of Russell Road. The fence will be located 15' from the edge of Russell Road. Russell Road was platted with an unusually wide right-of-way. The Planning and Zoning Commission unanimously approved the request at their regular meeting on June 8, 2021. In addition Misty Southworth signed an encroachment agreement with conditions on June 10, 2020. Expenditure Required: None Source of Funds: N/A Strategy 3.5: Continue to engage with local public partners to identify cost Policy Issue: savings, streamline efforts, and improve efficiently in City operations and activities. The adjacent surrounding properties are residential, developed between the 1940s and 1960s There is 18" storm sewer and 8"sanitary sewer main located underneath Berkshire Road and 30" storm sewer and 8" sanitary sewer main underneath Russell Road. There is overhead electric on both streets, including along the southwest side of Russell Road, but the line crosses the road and there is a pole and street light in the vicinity at where the proposed encroachment would be. The fence will be placed to the north of a storm sewer inlet. So, it will not be impacted by this project. Background Infonnation: Therefore, staff recommends that the request for an encroachment agreement for a 6' high fence to be constructed 10' feet into the City right-of-way of Russell Road at 114 Berkshire Road be approved for the following reasons: 1. The request would not appear to have a negative impact on the City right-of-way. Page 144 of 319 2. Similar requests for allowing fences to be built into the City right-of- way have occurred in the past. And subject to the following condition(s): 1. A signed and executed Encroachment Agreement The Southeasterly 91.37 feet of Northwesterly 201.37 feet of Lot No. 37 in First addition to Prospect Hills in the City of Waterloo, Iowa, more particularly described as: Commencing at the most Westerly Corner of said Lot 37; running thence Southeasterly along the Southwesterly line of said Lot a distance of 110 feet to the point of beginning of the tract herein described from said point of beginning, continuing thence along said Southwesterly line of said Lot 37 to a point which is 201.37 feet Southeasterly from the most Legal Descriptions: Westerly corner of said Lot(as measured the said Southwesterly line of said Lot); thence running Northeasterly along a line which is parallel with the Southeasterly line of West Forth Street in the City of Waterloo, Iowa, to the Northerly line of said Lot 37; thence running Northwesterly along the Northerly line of said Lot 37 to a point which point is a line drawn parallel with the Southeasterly line of West Forth Street and through the point of beginning of the tract herein described; thence running Southwesterly along said last described line running parallel with the Southeasterly line of West Fourth Street to the point of beginning. Page 145 of 319 City of Waterloo City Council July 6, 2021 C-1 0000, KINGSLEYAVE R-2 LU CAMPBELL AVE, —CAMPBELL-AVE W GOI-UA4 �ARDEN ST- M A-1 Q) Q m KINGBgRDeCVD� Uj cr � W � R-3 n Q s � 63 z U O W , � z � ey�NES DR Q m R-2 R-1 \Q0� MARTIN RD = m a z p / pIONEER RD BYRNBRAEs� O O� SON c p O y o -O W 72- DEVONSHIRE DR c�� � A �N �� AO o I I R-1,R-P R-3,R-P n RKSHIRERD- JANE ST ' ESLEY C/?-Cn m m N W C Z R_3; PATR(CK,CT o Z <$PAG NTNG RD o IVANHOERD C-Z G) ¢ m C MIDLOTHIAN BLVD R-4 C-1 m C-P I o C-2 R-3 C-Z W RIDG I WAYAVE U� R=4 Q C-2 R I WILSHIRE AVE O J a R-4,C-Z �� 6 6 W GLENCOE AVE- U Q\O- O PORTE.8 7R � W 5Uj � O� m _—>-HILLTOP RD10 o m m R-4 —�/n� oP LAN TER O U m Ui 0. cc�,2 �` s w x � C� MEADOW LNT z C m RAC Q p a O R-3 z �F�s ° - U m z rc- RIDG �5—CO- -Z 0 co R-2 RT3- I � � I N 11114 Berkshire Road w+1 E Encroachment Agreement s Misty Southworth 1,000 500 0 1,000 Feet Page 146 of 319 City of Waterloo City Council July 6, 2021 Legend ® 114 Berkshire Road Proposed Encroachment Agreement IM _ 114 Berkshire Road 01 AGN � � N� / Area of Encroachment Agreement N 114 Berkshire Road w*E Enroachment Agreement s Misty Southworth • 50 25 0 so F of 319. July 6,2021 REQUEST: Request by Misty Southworth for an encroachment agreement to allow for a 6' high fence to be constructed 10' feet into the City right-of-way of Russell Road at 114 Berkshire Road. APPLICANT: Misty Southworth, 114 Berkshire Road, Waterloo IA 50701 GENERAL The applicant is requesting approval of an Encroachment DESCRIPTION: Agreement to place a 6' wood privacy fence that will extend 10' into City owned right-of-way. IMPACT ON The request could have a negative impact upon the surrounding NEIGHBORHOOD & area, as approval of the encroachment could set precedence for SURROUNDING other properties in the area to request to have similar LAND USE: encroachments onto City right-of-way, and could hinder future placement of utilities or sidewalk, although the encroachment agreement will have provisions for termination if the area is so needed. 4; VEHICULAR & The request would not appear to have a negative impact upon PEDESTRIAN pedestrian or traffic conditions in the area. There are no sidewalks TRAFFIC on either Russell Road or Berkshire Road. CONDITIONS: RELATIONSHIP TO The Sergeant Road Trail is located approximately 4,000 feet to the RECREATIONAL west of the project site. TRAIL PLAN: ZONING HISTORY The lot in question is zoned "R-1" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: Encroachment Agreement—114 Berkshire Road PSg@f 419 of 319 July 6,2021 North — Residential Development, zoned "R-1" One and Two Family Residence District. South — Residential Development, zoned "R-1" One and Two Family Residence District East — Residential Development, zoned "R-1" One and Two Family Residence District West — Residential Development, zoned "R-1" One and Two Family Residence District. DEVELOPMENT The adjacent surrounding properties are residential, developed HISTORY: between the 1940s and 1960s. BUFFERS/ No buffers or additional screening is needed with this request. SCREENING REQUIRED: DRAINAGE: The request would not appear to have a negative impact on drainage in the area. FLOODPLAIN: No portion of the lot in question 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 0301 F, dated July 18, 2011. PUBLIC /OPEN The nearest schools are Kingsley Elementary which is located 3/4 of SPACES/ SCHOOLS: a mile to the northeast, Hoover Middle School which is located 3/4 of mile to the southeast, and West High School which is located approximately a mile to the southeast from the project site. The nearest open space is Iry Warren Golf Course which is located approximately a 1/4 of a mile to the north. p r VI yG •� �' +4+f 4T �/. AaGGEwar :yl . { Sr UTILITIES: WATER, There is 18" storm sewer and 8" sanitary sewer main located SANITARY SEWER, underneath Berkshire Road and 30" storm sewer and 8" sanitary Encroachment Agreement—114 Berkshire Road PSg@f#419 of 319 July 6,2021 STORM SEWER, ETC. sewer main underneath Russell Road. There is overhead electric on both streets, including along the southwest side of Russell Road, but the line crosses the road and there is a pole and street light in the vicinity at where the proposed encroachment would be. The fence will be placed to the north of a storm sewer inlet. So, it will not be impacted by this project. RELATIONSHIP TO The Future Land Use Map designates the area as Low Density COMPREHENSIVE Residential. LAND USE PLAN: STAFF ANALYSIS — In the past, encroachment agreements the City has entered into ZONING have included provisions that allow the City to give a notice of ORDINANCE: termination of the agreement if the right-of-way or utility easement is needed for any future public purposes, and requiring that the City have no liability for any damage that may occur. The applicant is requesting to allow for a 6' high fence to be constructed 10' into the City right-of-way of Russell Road. The fence will be located 15' from the edge of Russell Road. Russell Road was platted with an unusually wide right-of-way. The Planning and Zoning Commission unanimously approved the request at their regular meeting on June 8, 2020. An encroachment agreement was also signed by the applicant of June 10, 2021 . STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends that the request for an encroachment RECOMMENDATION: agreement for a 6' high fence to be constructed 10' feet into the City right-of-way of Russell Road at 114 Berkshire Road be approved for the following reasons: 1. The request would not appear to have a negative impact on the City right-of-way. 2. Similar requests for allowing fences to be built into the City right-of-way have occurred in the past. And subject to the following condition(s): 1. A signed and executed Encroachment Agreement. Encroachment Agreement—114 Berkshire Road PSg@f f5V of 319 zo SW- ivw- sw- 3 4 ¢8 39 � BYRN', QRAE f1.. 86.2 _ -0. � ':: e \ _ 13f.So , 3f.9Z 4 3 AT° �, 4 k° /40.05 ,L \ eo 00 .245'-IS"^�5., h ,. �+. �. 1• \ C, ./ ' \ isS.3 \0/est 89 Y7o"- 30" w tee.='fl V N HIRE - ,ter 69 � mss` \? %/ Q 0 4i. "�Z3ab 12 �° °D fico //O' 72./S' f \ co d M 13 100. } J BERKSHIRE Op,oo 110 co V) AR NS bo 39- 10 g cr, N 0. .......... U4 k 2620 z �� Ito iy� c 4 RI �. 500 o a o G a REPL `0� 'S _ PROSPT Z 70 o r,�� �, / HILLS I X71 ADD, a 37 6 6 �, a 0.� pf 1 rc 9� _ �9� � �,g;cry• ����' � ' � o �- cr R I E WAY 0�'� cn 2 - 3 7 _ Z $ �© g% ' F y 3Cal N .� e)5 HGTS . Il � �r ,c 49 6 Page 1 of 319 / 4 1 Ih c,t F R �`•. r ri c° I _ t 7 Ord + -MOP- .. -Yo. Looking north along the encroachment area toward West 4I Street 9 ,,x S Looking at the encroachment area and the storm sewer inlet. Page '53 of 319 �. c Looking at the storm sewer inlet. At OAT � " The storm sewer inlet looking south. Page %4 of 319 City of Waterloo Planning & Zoning Department 715 Mulberry Street,Waterloo, Iowa 50703 (319)291-4366 ❑ Offer to Vacate and Purchase City Right-of-Way `� Request to Vacate Easement,Vacate Sidewalk, Encroachment Agreem ❑ Sale/of�City-Owned Property -----__-- Applicant: -�t*!� 114 Address: H Phone No.: Email: ��_ 1 , Y� General Description of Property to Vacated(i.e.-alley between A St. &B St., South of C St.): Legal description of area to be conveyed,vacated, or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): Right-of-way vacation—One Hundred Seventy Five Dollar.($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee-\— • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note:If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building& Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City jCouncil.Any such applicant shall need to request review to Building and Grounds through a City Council member. f 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves ^ addi 'onal nstruct' n as the reason for the request. p li t Date / Not required for easement vacates sidewalk vacates or Encroachment Agreements Page"P55 of 319 I i Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319)291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Misty Southworth, hereinafter "Southworth", and the City of Waterloo, Iowa, hereinafter"City"this day of 12021. WHEREAS, Southworth is the owner of real estate commonly known as 114 Berkshire Road, Waterloo, Iowa 50701 and legally described in Exhibit"A", hereinafter"Southworth Property"; and WHEREAS, Southworth is proposing to construct and maintain a 6' fence, hereinafter "Fence"that encroaches 10' into a public right-of-way of Russell Road, WHEREAS, Southworth is requesting to allow said Pence within a portion of said "right-of- way as shown on the attached Exhibit"B" hereinafter"Encroachment Area"; and WHEREAS,the City is willing to allow said Fence to encroach into said right-of-way as described above, subject to terms and conditions set forth herein. Therefor it is Hereby Agreed by and between the parties as follows: I. Southworth hereby recognizes and reaffirms, said right-of-way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2. The City grants Southworth the right to place and maintain said Fence in said Encroachment Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said right-of-way, expressly recognizing and acknowledging that any damage that occurs to said Fence will be the sole risk and expense of Southworth, including repairs, removal, moving, or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs said Fence to be temporarily moved or removed for access to said right-of-way, Southworth shall move said Fence if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move or remove said Fence and assess any costs for moving or removal against Southworth, or Southworth Property. 3. The term of this agreement shall be for so long as said Fence is maintained by Southworth, and said Fence continues to exist, and that this agreement shall automatically terminate if said Fence is removed(other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the Southworth Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to Southworth and that Southworth agree to remove said Fence prior to the end of the 60 days notice and termination of this agreement. If Southworth fails to remove said Pence upon termination of this agreement Southworth authorize the City of Waterloo to remove said Fence and assess costs to Southworth, or against Southworth Property_ Page 156 of 319 4. Southworth shall protect, defend, indemnify, and hold harmless the City and its successors and assigns and their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement from and against any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) of any type or nature whatsoever arising out of the use, maintenance, or removal of said Fence, including, but not limited to any damage to said Fence except those arising out of negligent acts or omissions of the indemnified parties or said Fence. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terms of this agreement. In WITNESS WHEREOF,the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. wne City of Waterloo Misty So worth By: Quentin Hart Its: Mayor Attest: Kelley FeIchle, City Clerk STATE OF ) COUNTY OF ) SS. On this ?L day of �u , 2021 before me,the undersigned, a Notary Public in and for the State of 0 Misty Southworth, personally appeared to me known to be the identical person named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public STATE OF IOWA COUNTY OF BLACK HAWK ) SS. l� This instrument was acknowledged before me on this day of , 2021 by Quentin Hart and Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo Notary Public Page 157 of 319 The.Southeasterly 91.37 feet of Northwesterly 201,37 feet of Lot No. 37 in First.addition to Prospect Hills,in the City of Waterloo,Iowa,more particularly described as; Commencing at the most'Westerly Comerof said Lot 37;running thence Southeasterly along the. Southwesterly line of said Lot a distance of 110 feet to the point of beginning of the tract herein described from said point of beginning, continuing thence along the said Southwesterly line of said Lot 37 to a point which is 201.37 feet Southeasterly from the most Westerly comer of said Lot(as measured along the said Southwesterly line of said Lot);thence running Northeasterly along a line which is parallel with the Southeasterly line of West t Fourth.Street in the City of Waterloo,Iowa,to the Northerly line of said Lot 37; thence runn'ing Northwesterly along the Northerly line of said Lot 37 to a point which point is s on a line drawn parallel with the-Southeasterly line of West-Fourth-Street and through,the point of beginning of the tract herein described; thence nuniing Southwesterly along said last described line xunning parallel with the Southeasterly line of West Fourth Street to the point of begffiniig; Page 158 of 319 Exhibit "B" 114 Berkshire Road `97 T f Area of Encroachment Agreement �G NQn �O �O T fO N 114 Berkshire Road w E Enroachment Agreement s Misty Southworth 50 25 0 50 Feet Page 159 of 319 CITY OF WATERLOO Council Communication Resolution approving a Video Wall Procurement Agreement with Radio Communications/RC Systems of Waterloo, Iowa, in conjunction with the Traffic Control Room Project(Iowa DOT grant project number STP- U-8155(755)--70-07), in the amount of$82,596.52, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/21/2021 ATTACHMENTS: Description Type ❑ Contract Package Backup Material Resolution approving a Video Wall Procurement Agreement with Radio Communications/RC Systems of Waterloo, Iowa, in conjunction with the SUBJECT: Traffic Control Room Project(Iowa DOT grant project number STP-U- 8155(755)--70-07), in the amount of$82,596.52, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution Summary Statement: This agreement involves furnishing a video wall system including a 9 monitor video wall(30). Expenditure Required: $82,596.52 Source of Funds: Federal Grant Funds (through Iowa DOT) and matching GO Bond Funds Policy Issue: Strategy 2.2: To enlist all City departments and staff members in efforts to promote a safer community. Alternative: n/s The DOT required an RFP (Request for Proposals)procurement approach. We advertised the Request for Proposals on City website and contacted 5 vendors/integrators directly. Some said they are interested. Two video wall manufacturers Userful and Cinemassive contacted us with Background Information: questions. We only received 1 proposal from RC Systems offering Userful video wall. We examined it carefully and conducted due diligence to make sure it met our requirements. We asked questions and then asked for a demo. We had to justify the selection to DOT and FHWA before they would allow the City to enter into this agreement . Page 160 of 319 City of Waterloo TOF-284-W FORM OF CONTRACT FOR THE SUPPLYING AND INSTALLING OF VIDEO WALL SYSTEM Iowa DOT Project Number STP-U-8155(755)--70-07 City Project Number TOF-284-W CITY OF WATERLOO,IOWA This agreement made and entered into this day of ,2021,by and between the City of Waterloo,Iowa,a Municipal Corporation,(hereinafter referred to as City),and RC System,1657 Falls Avenue,Waterloo,IA.50701, (hereinafter referred to as Integrator),WITNESSETH: 1) Integrator agrees to supply and install the Video Wall System,and furnish all tools, equipment, materials,and labor necessary to do all the work called for in the Request for Proposal(RFP)in a workmanshiplike manner and for the prices set forth in Integrator's submitted Cost Proposal as indicated below and meeting requirements as per RFP which was accepted by the City,and which is understood and agreed to be a part of this contract. VIDEO WALL SYSTEM COMPLETE WITH ALLTHE NECESSARY HARDWARE,SOFTWARE,EQUIPMENT,AND COMPONENTS FULLY INSTALLED FULLY INTEGRATED INCLUDING 9-MONITOR VIDEO WALL DISPLAY COMPLETE AND CONTROL SYSTEM COMPLETE WITH $82,596.52 SUPPORT STRUCTURE FULLY OPERATIONAL FULLY INTEGRATED INCLUDING 4 HOUR TRAINING AT WATERLOO TRAFFIC OPERATIONS CENTER TOTAL CONTRACT PRICE IN WRITING:eighty two thousand five hundred and ninp1ty six dollars and frfty two cents 2) Integrator understands, agrees with, and is bound by the pertinent terms mentioned in the February 2021 Request for Proposal, and Integrator's Proposal dated March 6, 2021, and Conditions of Contract for Purchasing Video Wall System,and email replies by Integrator to questions regarding Integrator's proposals all of which are considered part of this Agreement. 3) Agreement begin date is expected to be July 12,2021. 4) Supply and integration shall be completed within 4 months from the date of agreement execution plus any extension approved by the City needed to coordinate with the traffic operation center room remodeling. 5) This contract is not divisible, but in the event of a conflict between this agreement and the various instruments incorporated by reference,this agreement shall govern. 6) Federal Highway Administration Form FHWA-1273 and Appendix II of 2 CFR Part 200 are physically attached to and are part of this agreement. R Integrator BY: - Title: General Mana er FOR CITY OF WATERLOO, IOWA Mayor Quentin Hart Date Approved by the City Council of the City of Waterloo, Iowa, on , 2021. ATTEST: , City Clerk, Waterloo, Iowa Form of Contract Page 1 of 1 Overall Page Number 1 Page 161 of 319 City of Waterloo, Iowa Conditions of Contract For Purchasing Video Wall System Iowa DOT Project Number STP-U-8155(755)--70-07 1. Definitions 1.1 In this Contract,the following terms shall be interpreted as indicated: a) "The Contract" means the Contract entered into between the City of Waterloo, and the Integrator, as recorded in the Form of Contract signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) "The Contract Price" means the price payable to the Integrator under the Contract for the full and proper performance of its contractual obligations. c) "COC' means this document titled Conditions of Contract. d) "RFP" means request for proposal. e) "The Goods" means all of the equipment, machinery, and/or other materials which the Integrator is required to supply to the City under the Contract. f) "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance,training, and other such obligations of the Integrator covered under the Contract. g) "The City" means the City of Waterloo, Iowa. h) "DOT" means Iowa Department of Transportation i) "FHWA" means Federal Highway Administration j) "VWS" means Video Wall System k) "The Integrator" means the individual or firm supplying the Goods and Services under this Contract. 1) "The Project Site" means the Public Works Building, 625 Glenwood Street Waterloo, Iowa 50703. m) "Day' means calendar day. 2. Application 2.1 These Conditions shall apply to the extent that they are not superseded by provisionsof other parts of the Contract. 3. Standards 3.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Request for Proposals. 3.2 Use of Contract Documents and Information.Any document, other than the Contract itself, enumerated in COC shall remain the property of the City and shall be returned (all copies) Conditions of Contract Page 1 Overall Page umber of 319 to the City on completion of the Integrator's performance under the Contract if so required by the City. 4. Patent Rights 4.1 The Integrator shall indemnify the City against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the City. 5. Performance Security 5.1 When required elsewhere in the Contract and within thirty(30) days of receipt of the notification of Contract award, the entity submitting the successful proposal shall furnish to the City the performance security in the amount specified not less than the Integrator's proposed price. 5.2 The proceeds of the performance security shall be payable to the City as compensation for any loss resulting from the Integrator's failure to complete its obligations under the Contract. 5.3 The performance security shall be in one of the following forms: a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank, in the form provided in the bidding documents or another form acceptable to the City;or b) a cashier's or certified check or certified share draft. 5.4 The performance security will be discharged by the City and returned to the Integrator not later than thirty(30) days following the date of completion of the Integrator's performance obligations under the Contract, including any warranty obligations. 6. Inspections and Tests 6.1 The City or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the City. Inspections and tests will be performed at the project location and after installation.The City shall notify the Integrator in writing, in a timely manner, of the identity of any representatives retained for these purposes. 6.2 The inspections and tests may be conducted on the premises of the Integrator or its subcontractor(s), at point of delivery, and/or at the Goods'final destination. If conducted on the premises of the Integrator or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the City. Should any inspected or tested Goods fail to conform to the specified requirements,the City may reject the Goods, and the Integrator shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the City. 6.3 The City's right to inspect,test and,where necessary, reject the Goods after the Goods' arrival to the final destination shall in no way be limited or waived by reason of the Goods having Conditions of Contract Page 2 Overall Page umber of 319 previously been inspected,tested, and passed by the City or its representative prior to the Goods shipment. 6.4 Testing and inspecting under COC Clause 7 shall not in any way release the Integrator from any warranty or other obligations under this Contract. 7. Packing 7.1 The Integrator shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract.The packing shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. 8. Delivery and Documents 8.1 Delivery of the Goods shall be made by the Integrator in accordance with the terms specified in the RFP. 9.3 Documents to be submitted by the Integrator are specified in the RFP. 9. Insurance 9.1 The Goods supplied under the Contract shall be fully insured against loss ordamage incidental to manufacture or acquisition,transportation, storage, and delivery. 10. Transportation 10.1 The Integrator is required under Contract to deliver the Goods to the Project Location and bear all the associated costs. 11. Incidental Services 11.1 The Integrator may be required to provide any or all of the following services,including additional services, if any mentioned elsewhere in the RFP: a) performance or supervision of on-site assembly and/or start-up of the supplied Goods; b) furnishing of tools required for assembly and/or maintenance of the supplied Goods; c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; performance or supervision or maintenance and/or repair of the supplied Goods,for a period of time agreed by the parties, provided that this service shall not relieve the Integrator of any warranty obligations under this Contract; and d) training of the City's personnel, at the Integrator's plant and/or on-site, in assembly, start- up, operation, maintenance, and/or repair of the supplied Goods. 11.2 Prices charged by the Integrator for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the Conditions of Contract Page 3 Overall PageOager164 of 319 prevailing rates charged to other parties by the Integrator for similar services. 14. Warranty 14.1 The Integrator warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract.The Integrator further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the City's specifications) or from any act or omission of the Integrator,that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 14.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract unless specified otherwise elsewhere in the RFP or the proposal. 14.3 The City shall promptly notify the Integrator in writing of any claims arising under this warranty. 14.4 Upon receipt of such notice, the Integrator shall,within 30 days and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the City. 14.5 If the Integrator, having been notified,fails to remedy the defect(s)within the period specified,the City may proceed to take such remedial action as may be necessary, at the Integrator's risk and expense and without prejudice to any other rights which the City may have against the Integrator under the Contract. 15. Payment 15.1 First payment will be processed upon stockpile or delivery of the monitors. Full payment will be processed after the VWS is installed, tested, and fully accepted by the City. 15.2 The Integrator's request(s) for payment shall be made to the City in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and Services performed accompanied by appropriate documentation, and upon fulfillment of other obligations stipulated in the Contract. 16. Prices 16.1 Prices charged by the Integrator for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Integrator in its bid, with the exception of any approved price adjustments. In case of a Lump Sum price the portion of Lump Sum payment request shall be reasonable,the City reserves the right to ask for documentation to justify any partial payments of a lump sum prices. 17. Change Orders Conditions of Contract Page 4 Overall Page umber of 319 17.1 The City may at any time, by a written order given to the Integrator make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the City; b) the method of shipment or packing; c) the place of delivery;and/or d) Services to be provided by the Integrator. 17.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Integrator's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Integrator for adjustment under this clause must be asserted within thirty(30) days from the date of the Integrator's receipt of the City's change order. 18. Contract Amendments 18.1 No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 19. Assignment 19.1 The Integrator shall not assign, in whole or in part, its obligations to perform under this Contract, except with the City's prior written consent. 20. Subcontracts 20.1 The Integrator shall notify the City in writing of all subcontracts awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Integrator from any liability or obligation under the Contract. 20.2 Subcontracts must comply with the provisions of COCClauses. 21. Delays in the Integrator's Performance 21.1 Delivery of the Goods and performance of Services shall be made by the Integrator in accordance with the time schedule prescribed by the City in the RFP or the Contract. 21.2 If at any time during performance of the Contract,the Integrator or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Integrator shall promptly notify the City in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Integrator's notice,the City shall evaluate the situation and may at its discretion extend the Integrator's time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of Contract. 21.3 Except as provided under COC Clause 24, a delay by the Integrator in the performance of Conditions of Contract Page 5 Overall Page umber of 319 its delivery obligations shall render the Integrator liable to the imposition of liquidated damages pursuant to COC Clause 22, unless an extension of time is agreed upon pursuant without the application of liquidated damages. 22. Liquidated Damages 22.1 Subject to COC Clause 24, if the Integrator fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract,the City Will,without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equal to 1/1000 of contract price per day of delay until actual delivery or performance, up to a maximum delay of 45 days. Once the maximum is reached,the City may consider termination of the Contract pursuant to the COC Clause 23. 23. Termination for Default 23.1 The City, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Integrator, may terminate this Contract in whole or in part: a) if the Integrator fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the City pursuant to COC Clause 21;or b) if the Integrator fails to perform any other obligation(s) under the Contract. 23.2 In the event the City terminates the Contract in whole or in part, pursuant to COC Clause 23.1,the City may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Integrator shall be liable to the City for any excess costs for such similar Goods or Services. However, the Integrator shall continue performance of the Contract to the extent not terminated. 24. Force Majeure 24.1 Notwithstanding the provisions of COC Clauses 21, 22,and 23,the Integrator shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 24.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the Integrator and not involving the Integrator's fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the City in its sovereign capacity, wars,fires, floods, epidemics. 24.3 If a Force Majeure situation arises,the Integrator shall promptly notify the City in writing of such condition and the cause thereof. Unless otherwise directed by the City in writing,the Integrator shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. Conditions of Contract Page 6 Overall Page umber of 319 25. Termination for Insolvency 25.1 The City may at any time terminate the Contract by giving written notice to the Integrator if the Integrator becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Integrator, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the City. 26. Termination for Convenience 26.1 The City, by written notice sent to the Integrator, may terminate the Contract, in whole or in part, at any time for its convenience.The notice of termination shall specify that termination is for the City's convenience,the extent to which performance of the Integrator under the Contract is terminated, and the date upon which such termination becomes effective. 26.2 The Goods that are complete and ready for shipment within thirty(30) days after the Integrator's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods,the City may elect: c) to have any portion completed and delivered at the Contract terms and prices;and/or d) to cancel the remainder and pay to the Integrator an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Integrator. 28. Notices 28.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by email to the other party's address. 28.2 A notice shall be effective when delivered or on the notice's effective date,whichever is later. Conditions of Contract Page 7 Overall Pageumberof 319 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under Overall Page Number 1 Page 69 of 319 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are Overall Page Number 1 2 Page N of 319 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex, national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor Overall Page Number 1 3 Page 71 of 319 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or Overall Page Number 1 4 Page 72 of 319 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- Overall Page Number 1 5 Page 73 of 319 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly Overall Page Number 14 6 Page 174 of 319 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the clause set forth in paragraph(1.)of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. Overall Pageumber 1 7 age �75 of 319 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is Overall Page Number 1 8 Page 76 of 319 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.ep1s.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this Overall Page Number 1 9 Page 177 of 319 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms'covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant' Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Overall Page Number 1 10 Page 78 of 319 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. Overall Pageumber 1 11 age of 319 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. Overall Pageumber 2 12 age 180 of 319 Pt. 200, App. II 2 CFR Ch. II (1-1-14 Edition) early notification about the requirements al- H.OTHER INFORMATION—OPTIONAL lows the potential applicant to decide not to This section may include any additional apply or to take needed actions before re- information that will assist a potential ap- ceiving the Federal award. The announce- plicant.For example,the section might: ment need not include all of the terms and i. Indicate whether this is a new program conditions of the Federal award, but may or a one-time initiative. refer to a document(with information about ii. Mention related programs or other up- how to obtain it) or Internet site where ap- coming or ongoing Federal awarding agency plicants can see the terms and conditions. If funding opportunities for similar activities. this funding opportunity will lead to Federal iii. Include current Internet addresses for awards with some special terms and condi- Federal awarding agency Web sites that may tions that differ from the Federal awarding be useful to an applicant in understanding agency's usual (sometimes called "general") the program. terms and conditions, this section should iv. Alert applicants to the need to identify highlight those special terms and conditions. proprietary information and inform them Doing so will alert applicants that have re- about the way the Federal awarding agency ceived Federal awards from the Federal will handle it. awarding agency previously and might not v. Include certain routine notices to appli- otherwise expect different terms and condi- cants (e.g., that the Federal government is not obligated to make any Federal award as tions. For the same reason, the announce- a result of the announcement or that only ment should inform potential applicants grants officers can bind the Federal govern- about special requirements that could apply ment to the expenditure of funds). to particular Federal awards after the review of applications and other information, based APPENDIX II TO PART 200—CONTRACT on the particular circumstances of the effort PROVISIONS FOR NON-FEDERAL ENTI- to be supported(e.g., if human subjects were TY CONTRACTS UNDER FEDERAL to be involved or if some situations may jus- AWARDS tify special terms on intellectual property, data sharing or security requirements). In addition to other provisions required by 3. Reporting—Required. This section must the Federal agency or non-Federal entity,all include general information about the type contracts made by the non-Federal entity (e.g., financial or performance), frequency, under the Federal award must contain provi- and means of submission (paper or elec- sions covering the following,as applicable. tronic) of post-Federal award reporting re- (A) Contracts for more than the simplified quirements. Highlight any special reporting acquisition threshold currently set at requirements for Federal awards under this $150,000, which is the inflation adjusted funding opportunity that differ (e.g., by re- amount determined by the Civilian Agency port type, frequency, form/format, or cir- Acquisition Council and the Defense Acquisi- tion tion Regulations Council (Councils) as au- umstances for use) from what the Federal thorized by 41 U.S.C. 1908, must address ad- awarding agency's Federal awards usually ministrative, contractual, or legal remedies require. in instances where contractors violate or G.FEDERAL AWARDING AGENCY CONTACT(S�— breach contract terms, and provide for such REQUIRED sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must The announcement must give potential ap- address termination for cause and for con- plicants a point(s) of contact for answering venience by the non-Federal entity including questions or helping with problems while the the manner by which it will be effected and funding opportunity is open. The intent of the basis for settlement. this requirement is to be as helpful as pos- (C) Equal Employment Opportunity. Ex- sible to potential applicants, so the Federal cept as otherwise provided under 41 CFR awarding agency should consider approaches Part 60, all contracts that meet the defini- such as giving: tion of "federally assisted construction con- i. Points of contact who may be reached in tract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 multiple ways (e.g., by telephone, FAX, and/ or email,as well as regular mail). CFR 601.4 in accordance with Executive 1 Order 112466,, "Equal Employment Oppor- ii. A fax or email address that multiple tunity" (30 FR 12319, 12935, 3 CFR Part, 1964- people access, so that someone will respond 1965 Comp., p. 339), as amended by Executive even if others are unexpectedly absent dur- Order 11375, "Amending Executive Order ing critical periods. 11246 Relating to Equal Employment Oppor- iii. Different contacts for distinct kinds of tunity," and implementing regulations at 41 help(e.g., one for questions of programmatic CFR part 60, "Office of Federal Contract content and a second for administrative Compliance Programs, Equal Employment questions). Opportunity,Department of Labor." 194 Overall Page Number 2 Page 81 of 319 OMB Guidance Pt. 200, App. II (D)Davis-Bacon Act,as amended(40 U.S.C. materials or articles ordinarily available on 3141-3148).When required by Federal program the open market, or contracts for transpor- legislation, all prime construction contracts tation or transmission of intelligence. in excess of $2,000 awarded by non-Federal (F) Rights to Inventions Made Under a entities must include a provision for compli- Contract or Agreement.If the Federal award ance with the Davis-Bacon Act (40 U.S.C. meets the definition of"funding agreement" 3141-3144, and 3146-3148) as supplemented by under 37 CFR §401.2 (a) and the recipient or Department of Labor regulations (29 CFR subrecipient wishes to enter into a contract Part 5, "Labor Standards Provisions Appli- with a small business firm or nonprofit orga- cable to Contracts Covering Federally Fi- nization regarding the substitution of par- nanced and Assisted Construction"). In ac- ties, assignment or performance of experi- cordance with the statute, contractors must mental, developmental, or research work be required to pay wages to laborers and me- under that "funding agreement," the recipi- chanics at a rate not less than the prevailing ent or subrecipient must comply with the re- wages specified in a wage determination quirements of 37 CFR Part 401, "Rights to In- made by the Secretary of Labor.In addition, ventions Made by Nonprofit Organizations contractors must be required to pay wages and Small Business Firms Under Govern- not less than once a week. The non-Federal ment Grants, Contracts and Cooperative entity must place a copy of the current pre- Agreements," and any implementing regula- vailing wage determination issued by the De- tions issued by the awarding agency. partment of Labor in each solicitation. The (G)Clean Air Act(42 U.S.C.7401-7671q.)and decision to award a contract or subcontract the Federal Water Pollution Control Act (33 must be conditioned upon the acceptance of U.S.C. 1251-1387), as amended—Contracts and the wage determination.The non-Federal en- subgrants of amounts in excess of $150,000 tity must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency. non-Federal award to agree to comply with The contracts must also include a provision all applicable standards, orders or regula- for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act Kickback" Act (40 U.S.C. 3145), as supple- (42 U.S.C. 7401-7671q) and the Federal Water mented by Department of Labor regulations Pollution Control Act as amended (33 U.S.C. (29 CFR Part 3, "Contractors and Sub- 1251-1387).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Financed in Whole or in Part by Loans Office of the Environmental Protection or Grants from the United States"). The Act Agency(EPA). provides that each contractor or sub- (H) Mandatory standards and policies re- recipient must be prohibited from inducing, lating to energy efficiency which are con- by any means, any person employed in the tained in the state energy conservation plan construction, completion, or repair of public issued in compliance with the Energy Policy work, to give up any part of the compensa- and Conservation Act(42 U.S.C.6201). tion to which he or she is otherwise entitled. (I) Debarment and Suspension (Executive The non-Federal entity must report all sus- Orders 12549 and 12689)—A contract award pected or reported violations to the Federal (see 2 CFR 180.220) must not be made to par- awarding agency. ties listed on the governmentwide Excluded (E) Contract Work Hours and Safety Parties List System in the System for Award Standards Act (40 U.S.C. 3701-3708). Where Management (SAM), in accordance with the applicable,all contracts awarded by the non- OMB guidelines at 2 CFR 180 that implement Federal entity in excess of $100,000 that in- Executive Orders 12549 (3 CFR Part 1986 volve the employment of mechanics or labor- Comp., p. 189) and 12689 (3 CFR Part 1989 ers must include a provision for compliance Comp.,p.235), "Debarment and Suspension." with 40 U.S.C.3702 and 3704, as supplemented The Excluded Parties List System in SAM by Department of Labor regulations(29 CFR contains the names of parties debarred, sus- Part 5). Under 40 U.S.C. 3702 of the Act, each pended,or otherwise excluded by agencies,as contractor must be required to compute the well as parties declared ineligible under stat- wages of every mechanic and laborer on the utory or regulatory authority other than Ex- basis of a standard work week of 40 hours. ecutive Order 12549. Work in excess of the standard work week is (J) Byrd Anti-Lobbying Amendment (31 permissible provided that the worker is corn- U.S.C. 1352)—Contractors that apply or bid pensated at a rate of not less than one and a for an award of$100,000 or more must file the half times the basic rate of pay for all hours required certification. Each tier certifies to worked in excess of 40 hours in the work the tier above that it will not and has not week. The requirements of 40 U.S.C. 3704 are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for influencing or at- that no laborer or mechanic must be re- tempting to influence an officer or employee quired to work in surroundings or under of any agency, a member of Congress, officer working conditions which are unsanitary, or employee of Congress,or an employee of a hazardous or dangerous. These requirements member of Congress in connection with ob- do not apply to the purchases of supplies or taining any Federal contract, grant or any 195 Overall Page Number 2 Page 82 of 319 Pt. 200, App. III 2 CFR Ch. II (1-1-14 Edition) other award covered by 31 U.S.C. 1352. Each (1) Sponsored research means all research tier must also disclose any lobbying with and development activities that are spon- non-Federal funds that takes place in con- sored by Federal and non-Federal agencies nection with obtaining any Federal award. and organizations.This term includes activi- Such disclosures are forwarded from tier to ties involving the training of individuals in tier up to the non-Federal award. research techniques (commonly called re- (K) See §200.322 Procurement of recovered search training)where such activities utilize materials. the same facilities as other research and de- velopment activities and where such activi- APPENDIX III TO PART 200—INDIRECT ties are not included in the instruction func- (F&A) COSTS IDENTIFICATION AND tion. ASSIGNMENT, AND RATE DETERMINA- (2) University research means all research TION FOR INSTITUTIONS OF HIGHER and development activities that are sepa- EDUCATION(IHES) rately budgeted and accounted for by the in- stitution under an internal application of in- A.GENERAL stitutional funds. University research, for This appendix provides criteria for identi- purposes of this document, must be com- fying and computing indirect (or indirect bined with sponsored research under the (F&A)) rates at IHES (institutions). Indirect function of organized research. (F&A) costs are those that are incurred for c. Other sponsored activities means programs common or joint objectives and therefore and projects financed by Federal and non- cannot be identified readily and specifically Federal agencies and organizations which in- with a particular sponsored project, an in- volve the performance of work other than in- structional activity, or any other institu- struction and organized research. Examples tional activity. See subsection B.1, Defini- of such programs and projects are health tion of Facilities and Administration, for a service projects and community service pro- discussion of the components of indirect grams.However,when any of these activities (F&A)costs. are undertaken by the institution without outside support, they may be classified as I.Major Functions of an Institution other institutional activities. d. Other institutional activities means all ac- Refers to instruction, organized research,, tivities of an institution except for instruc- other sponsored activities and other searc institu- tional activities as defined in this section: tion, departmental research, organized re- a. Instruction means the teaching and search, and other sponsored activities, as de- training activities of an institution. Except fined in this section; indirect (F&A) cost ac- for research training as provided in sub- tivities identified in this Appendix para- section b,this term includes all teaching and graph B,Identification and assignment of en- training activities, whether they are offered direct (F&A) costs; and specialized services for credits toward a degree or certificate or facilities described in §200.468 Specialized on a non-credit basis, and whether they are service facilities of this Part. offered through regular academic depart- Examples of other institutional activities ments or separate divisions, such as a sum- include operation of residence halls, dining mer school division or an extension division. halls, hospitals and clinics, student unions, Also considered part of this major function intercollegiate athletics, bookstores, faculty are departmental research, and, where housing, student apartments, guest houses, agreed to,university research. chapels,theaters,public museums,and other (1)Sponsored instruction and training means similar auxiliary enterprises. This definition specific instructional or training activity es- also includes any other categories of activi- tablished by grant, contract, or cooperative ties, costs of which are "unallowable" to agreement. For purposes of the cost prin- Federal awards, unless otherwise indicated ciples, this activity may be considered a in an award. major function even though an institution's 2.Criteria for Distribution accounting treatment may include it in the instruction function. a. Base period. A base period for distribu- (2) Departmental research means research, tion of indirect (F&A) costs is the period development and scholarly activities that during which the costs are incurred. The are not organized research and, con- base period normally should coincide with sequently, are not separately budgeted and the fiscal year established by the institution, accounted for. Departmental research, for but in any event the base period should be so purposes of this document, is not considered selected as to avoid inequities in the dis- as a major function, but as a part of the in- tribution of costs. struction function of the institution. b. Need for cost groupings. The overall ob- b. Organized research means all research jective of the indirect (F&A) cost allocation and development activities of an institution process is to distribute the indirect (F&A) that are separately budgeted and accounted costs described in Section B, Identification for.It includes: and assignment of indirect (F&A) costs, to 196 Overall Page Number 2 Page 83 of 319 CITY OF WATERLOO Council Communication Resolution approving an Engineering Service Agreement with Shive-Hattery, Inc., of Cedar Rapids, Iowa, in conjunction with W. 9th and South Street Intersection Roundabout Project, and authorizing the Mayor to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/18/2021 ATTACHMENTS: Description Type ❑ W 9th- South St Engineering Agreement Backup Material Resolution approving an Engineering Service Agreement with Shive-Hattery, SUBJECT: Inc.. of Cedar Rapids, Iowa, in conjunction with W. 9th and South Street Intersection Roundabout Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution This agreement covers design and construction phase engineering services Summary Statement: and includes looking into the queue buildup on W. 9th Street behind 218 signals. Expenditure Required: $46,000.00 Source of Funds: GO Bonds Policy Issue: Strategy 2.2: To enlist all City departments and staff members in efforts to promote a safer community. Alternative: n/a To reduce the high number of right angle collisions the existing 2 way stops Background Information: will be converted to a roundabout. This agreement provides for engineering services. Page 184 of 319 SHIVEHATTCRY A R C H IT E C T U R E + E N G IN E E R ING PROFESSIONAL SERVICES AGREEMENT ATTN: City of Waterloo CLIENT: City of Waterloo, IA 715 Mulberry Street Waterloo, IA 50703 PROJECT: City of Waterloo W 9th St& South St Mini Roundabout PROJECT LOCATION: Waterloo, IA DATE OF AGREEMENT: June 18, 2021 PROJECT DESCRIPTION Your project is the construction of a mini roundabout at the intersection of W 9th Street and South Street, which is located approximately 400 feet to the west of Highway 218. The project is a safety improvement and will utilize Traffic Safety Improvement Program (TSIP)funds that will be available to the City July 2021. SCOPE OF SERVICES We will provide the following services for the project: Civil Engineering, Construction Observation, Traffic Engineering and Electrical Engineering These services will consist of the following tasks: 1. Project Management A. Project Administration 1. Monitoring Project Scope and provide bi-weekly project status updates 2. Project Kickoff and Review Meetings with City staff; anticipate three (3) meetings. 2. Traffic Memo A. Collect 12-hour turning movement counts from 6:00 AM to 6:00 PM (Using Cameras and Miovision processing) at the intersection of W 91" Street &South Street and 6-hour turning movement counts (6:00 AM to 9:00 AM, and 3:00 PM to 6:00 PM) at the intersection of W 91" Street & Highway 218. B. Review and Report Existing Traffic, including queue on W 91" Street approach to US 218. C. Review Lane Configuration D. Update Roundabout Concept 1.Note: The client will send a copy to Iowa DOT for roundabout review. E. Roundabout Performance Checks Project 121395p Sh'n e-Hattery � 222 Third Avenue SE 1 Suite 300 I PO Box 1803 1 Cedar Rapids,IA 52406-1803 1 319.364.0227 1 chive-hattery.com Page 185 of 319 Page 2 of 9 3. Constructions Documents A. Preliminary Plans 1.Coordinate with City survey department to define project limits and set expectations for the basemap the City will prepare, which will be used in design and construction document preparation. 2.Prepare Preliminary Plans for Mini Roundabout at W 9th Street and South Street to Include the Following: a. Title Sheet b. Typical Sections c. Estimate of Quantities d. Pavement Geometry e. Reference Ties and Benchmarks f. Staging and Traffic Control g. Pavement Markings and Traffic Signing h. Utility Layout 3.Prepare Preliminary Cost Opinion 4.Review Meeting with City Staff and Iowa DOT (if required) 5.Incorporate Preliminary Plan Comments B. Check Plans (90%) -Shive-Hattery will not start on Check Plans until Preliminary Plans are reviewed and approved. 1.Prepare Check Plans for Mini Roundabout at W 9th Street and South Street to Include the Following: a. Title Sheet b. Typical Sections c. Estimate of Quantities, Estimate Reference and Tabulations d. Pavement Geometry e. Survey Information f. Right of Way sheets g. Traffic Control and Staging Notes and Plans h. Intersection Details i. Pavement Jointing Plans j. Pavement Markings and Signage k. Sidewalk and ADA Curb Ramps Project 121395 June 18,2021 SH IVCHATTERY 1 p l A R C H I T E C T U R E+E N G I N E E R I N G Page 186 of 319 Page 3 of 9 2.Prepare Cost Opinion 3.Prepare Draft Project Manual 4.Review Meeting with City Staff and Iowa DOT 5.Incorporate Check Plan Comments C. Final Construction Documents- Shive-Hattery will not start on Final Documents until the Check Plans are reviewed and approved. Prepare Check Plans for Mini Roundabout at W 9th Street and South Street to Include the Following: 1.Construction Plans 2.Project Manual 3.Cost Opinion 4. Bid & Construction Phase Services: A. Bid Phase Services: 1. Answer contractor questions during bid phase 2. Attend one (1) bid opening 3. Provide bid tabulation and recommendation letter B. Construction Phase Services: 1. Attend one (1) pre-construction conference 2. Make up to eight (8) site visits at critical construction points to observe and document progress. Prepare site visit report after each site visit to document progress 3. Final punchlist walkthrough with contractor. Contractor to provide the remaining tasks to be completed. 4. Prepare TSIP closeout documentation and provide to the City CLIENT RESPONSIBILITIES It will be your responsibility to provide the following: 1. Identify a Project Representative with full authority to act on behalf of the Client with respect to this project. The Client Project Representative shall render decisions in a timely manner in order to avoid delays of Shive-Hattery's services. 2. Legal, accounting, and insurance counseling services or other consultants, including geotechnical, or vendors that may be necessary. The Client shall coordinate these services with those services provided by Shive-Hattery. 3. Provide to Shive-Hattery any available drawings, survey plats, testing data and reports related to the project, either hard copy or electronic media. Electronic media is preferred. 4. Unless specifically included in the Scope of Services to be provided by Shive-Hattery, the Client shall furnish tests, inspections, permits and reports required by law, regulation or code including but not limited to hazardous materials, structural, mechanical, chemical, air pollution and water pollution tests. 5. Provide Shive-Hattery personnel unlimited access to the site as required. 6. Provide to Shive-Hattery a complete base map for design SHIVCHATTERY Project 121395p I June 18,2021 „_,C.-;J F-T I R F- F 1, C-I n, F F Q I r_G Page 187 of 319 Page 4 of 9 SCHEDULE We will begin our services based on your email authorizing us to proceed provided the Agreement is attached. • We will meet with you to develop a mutually agreed-upon schedule for the Scope of Services. COMPENSATION Description Fee Estimated Total -APMO Expenses Project Management Fixed Fee $2,150.00 Included $2,150.00 Traffic Memo Fixed Fee $6,900.00 Included $6,900.00 Data Collection* Fixed Fee $1,000.00 Included $1,000.00 Construction Documents Fixed Fee $24,450.00 Included $21,450.00 Bid &Construction Phase Services Fixed Fee $11,500.00 Included $5,350.00 TOTAL $46,000.00 Included $46,000.00 *Iowa Counts, a certified DBE, will do the traffic counts. Fee Types: • Fixed Fee -We will provide the Scope of Services for the fee amounts listed above. Expenses: Included The terms of this proposal are valid for 30 days from the date of this proposal. ADDITIONAL SERVICES The following are additional services you may require for your project. We can provide these services but they are not part of this proposal at this time. 1. Geotechnical 2. Environmental Review 3. Landscape Architecture 4. Public outreach renderings 5. Plats ($2,000 per plat) Project 121395p I June 18,2021 SH IVCHAT ERS` Page 188 of 319 Page 5 of 9 OTHER TERMS STANDARD TERMS AND CONDITIONS Copyright©Shive-Hattery June 2020 PARTIES "S-H"or"Shive-Hattery"shall mean Shive-Hattery, Inc.or Shive-Hattery A/E Services,P.C.or Studio951 a Division of Shive- Hattery or EPOCH a Division of Shive-Hattery or Shive-Hattery New Jersey, Inc.and"CLIENT"shall mean the person or entity executing this Agreement with"S-H." LIMITATION OF LIABILITY AND WAIVER OF CERTAIN DAMAGES The CLIENT agrees,to the fullest extent of the law,to limit the liability of S-H,its officers,directors,shareholders, employees,agents,subconsultants,affiliated companies,and any of them,to the CLIENT and any person or entity claiming by or through the CLIENT,for any and all claims,damages,liabilities,losses,costs,and expenses including reasonable attorneys'fees,experts'fees, or any other legal costs , in any way related to the Project or Agreement from any cause(s) to an amount that shall not exceed the compensation received by S-H under the agreement or fifty thousand dollars($50,000),whichever is greater.The parties intend that this limitation of liability apply to any and all liability or cause of action,claim,theory of recovery,or remedy however alleged or arising,including but not limited to negligence,errors or omissions,strict liability,breach of contract or warranty,express, implied or equitable indemnity and all other claims,which except for the limitation of liability above,the CLIENT waives. CLIENT hereby releases S-H,its officers,directors,shareholders,employees,agents,subconsultants,affiliated companies,and any of them,and none shall be liable to the CLIENT for consequential,special,exemplary, punitive, indirect or incidental losses or damages,including but not limited to loss of use,loss of product,cost of capital,loss of goodwill, lost revenues or loss of profit,interruption of business,down time costs,loss of data,cost of cover,or governmental penalties or fines. INDEMNIFICATION Subject to the limitation of liability in this Agreement,S-H agrees to the fullest extent permitted by law,to indemnify and hold harmless the CLIENT, its officers,directors,shareholders,employees,contractors,subcontractors and consultants against all claims,damages, liabilities,losses or costs,including reasonable attorneys'fees,experts'fees,or other legal costs to the extent caused by S-H's negligent performance of service under this Agreement and that of its officers, directors,shareholders,and employees. The CLIENT agrees to the fullest extent permitted by law,to indemnify and hold harmless S-H,its officers,directors, shareholders,employees,agents„subconsultants,and affiliated companies against all damages, liabilities, losses, costs,and expenses including, reasonable attorneys'fees,expert's fees,and any other legal costs to the extent caused by the acts or omissions of the CLIENT,its employees,agents,contractors,subcontractors,consultants or anyone for whom the CLIENT is legally liable. HAZARDOUS MATERIALS-INDEMNIFICATION To the fullest extent permitted by law,CLIENT agrees to defend,indemnify,and hold S-H,its officers,directors, shareholders,employees,agents,consultants and affiliated companies,and any of them harmless from and against any and all claims,liabilities, losses,costs, or expenses including reasonable attorney's fees,experts'fees and any other legal costs (including without limitation damages to property,injuries or death to persons,fines,or penalties),arising out of,or resulting from the discharge,escape,release,or saturation of smoke,vapors,soot,fumes, acids,alkalies,toxic chemicals, liquids,gases,polychlorinated biphenyl,petroleum contaminants spores, biological toxins,or any other materials,irritants,contaminants,or pollutants in or into the atmosphere,or on,onto, upon, in,or into the surface or subsurface of soil,water,or watercourses,objects,or any tangible or intangible matter,whether sudden or not. STANDARD OF CARE Services provided by S-H under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size,complexity,and geographic location as that of the Project. Nothing in this Agreement is intended to create, nor shall it be construed to create,a fiduciary duty owed by either party to the other party. Project 121395p I June 18,2021 SH IVCHAT ERS` Page 189 of 319 Page 6 of 9 BETTERMENT The CLIENT recognizes and expects that certain change orders may be required to be issued as the result in whole or part of imprecision,incompleteness,omissions,ambiguities,or inconsistencies in S-H's drawings,specifications,and other design, bidding or construction documentation furnished by S-H or in other professional services performed or furnished by S-H under this Agreement(herein after in this Betterment section referred to as S-H Documentation). If a required item or component of the Project is omitted from S-H's Documentation,the CLIENT is responsible for paying all costs required to add such item or component to the extent that such item or component would have been required and included in the original S-H Documentation. In no event will S-H be responsible for costs or expense that provides betterment or upgrades or enhances the value of the Project. RIGHT OF ENTRY The CLIENT shall provide for entry for the employees,agents and subcontractors of S-H and for all necessary equipment. While S-H shall take reasonable precautions to minimize any damage to property,it is understood by the CLIENT that in the normal course of the project some damages may occur,the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein,invoices will be prepared in accordance with S-H's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon receipt by the CLIENT. If the CLIENT does not make payment within thirty(30)days after the date the invoice was mailed to the CLIENT,then the amount(s)due S-H shall bear interest due from the date of mailing at the lesser interest rate of 1.5%per month compounded or the maximum interest rate allowed by law. In the event that S-H files or takes any action,or incurs any costs,for the collection of amounts due it from the client,S-H shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the termination is for default,the non-terminating party may cure the default before the effective date of the termination and the termination for default will not be effective. The termination for convenience and for default,if the default is not cured,shall be effective seven(7)days after receipt of written notice by the non-terminating party. In the event that this Agreement is terminated for the convenience of either party or terminated by S-H for the default of the CLIENT,then S-H shall be paid for services performed to the termination effective date,including reimbursable expenses due,and termination expenses attributable to the termination. In the event the CLIENT terminates the Agreement for the default of S-H and S-H does not cure the default,then S-H shall be paid for services performed to the termination notice date,including reimbursable expenses due,but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall include expenses reasonably incurred by S-H in connection with the termination of the Agreement or services, including, but not limited to,closing out Project records,termination of subconsultants and other persons or entities whose services were retained for the Project,and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS S-H shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to S-H such information,including electronic media,as is available to the CLIENT and the CLIENT's consultants and contractors,and S- H shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for S-H to assure the accuracy,completeness and sufficiency of such client-furnished information,either because it is provided by others or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly,the CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold harmless S-H,its officers,directors,shareholders, employees,agents,subconsultants and affiliated companies,and any of them, from and against any and all claims,liabilities, losses,costs,expenses(including reasonable attorneys'fees,experts'fees,and any other legal costs) for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT,third parties,and/or research performed by S-H or its subcontractors. S-H will use the standard of care defined in this Agreement in providing this service. The information that S-H must rely on from various utilities and other records may be inaccurate or incomplete. Therefore,the CLIENT agrees,to the fullest extent permitted by law,to indemnify and hold harmless S-H,its officers,directors,shareholders,employees agents, subconsultants,affiliated companies,and any of them for all claims,losses,costs and damages arising out of the location of underground utilities provided or any information related to underground utilities by S-H under this Agreement. Project 121395 June 18,2021 SH IVCHATTERY 1 p l A R C H I T E C T U R E+E N G I N E E R I N G Page 190 of 319 Page 7 of 9 CONTRACTOR MATTERS CLIENT agrees that S-H shall not be responsible for the acts or omissions of the CLIENT's contractor,or subcontractors,their employees,agents,consultants,suppliers or arising from contractor's or subcontractors'work,their employees,agents, consultants,suppliers or other entities that are responsible for performing work that is not in conformance with the construction Contract Documents,if any,prepared by S-H under this Agreement.S-H shall not have responsibility for means,methods, techniques,sequences,and progress of construction of the contractor,subcontractors,agents,employees,agents,consultants,or other entities. In addition,CLIENT agrees that S-H is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. SHOP DRAWING REVIEW If,as part of this Agreement S-H reviews and approves Contractor submittals,such as shop drawings,product data,samples and other data,as required by S-H,these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details,such as quantities,dimensions,weights or gauges,fabrication processes,construction means or methods,coordination of the work with other trades or construction safety precautions,all of which are the sole responsibility of the Contractor. S-H's review shall be conducted with reasonable promptness while allowing sufficient time in S-H's judgment to permit adequate review. Review of a specific item shall not indicate that S-H has reviewed the entire assembly of which the item is a component. S-H shall not be responsible for any deviations from the contract documents not brought to the attention of S-H in writing by the Contractor. S-H shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If,as part of this Agreement S-H is providing opinions of probable construction cost,the CLIENT understands that S-H has no control over costs or the price of labor,equipment or materials,or over the Contractor's method of pricing,and that S-H's opinions of probable construction costs are to be made on the basis of S-H's qualifications and experience. S-H makes no warranty, expressed or implied,as to the accuracy of such opinions as compared to bid or actual costs. CONSTRUCTION OBSERVATION If,as part of this Agreement S-H is providing construction observation services,S-H shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors'work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement,the CLIENT has not retained S-H to make detailed inspections or to provide exhaustive or continuous project review and observation services. S- H does not guarantee the performance of,and shall have no responsibility for,the acts or omissions of any contractor,its subcontractors,employees,agents,consultants,suppliers or any other entities furnishing materials or performing any work on the project. S-H shall advise the CLIENT if S-H observes that the contractor is not performing in general conformance of Contract Documents. CLIENT shall determine if work of contractor should be stopped to resolve any problems. OTHER SERVICES The CLIENT may direct S-H to provide other services including,but not limited to,any additional services identified in S-H's proposal. If S-H agrees to provide these services,then the schedule shall be reasonably adjusted to allow S-H to provide these services. Compensation for such services shall be at S-H's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment to Agreement that contains an alternative compensation provision. OWNERSHIP&REUSE OF INSTRUMENTS OF SERVICE All reports,plans,specifications,field data and notes and other documents,including all documents on electronic media,prepared by S-H as instruments of service shall remain the property of CLIENT.Appropriate intellectual property rights related to S-H innovations remain the property of S-H.S-H. The CLIENT shall not make any modifications to the plans and specifications without the prior written authorization of S-H. Reuse of plans and specifications without S-H authorization will be at CLIENT's own risk,except the parts developed by Iowa DOT or the CLIENT and incorporated into the plans and specifications by S-H. The CLIENT agrees,to the fullest extent permitted by law,to defend,indemnify and hold harmless S-H its officers,directors, shareholders,employees,agents,subconsultants and affiliated companies,and any of them from any and all claims,losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to any unauthorized reuse or modifications of the construction documents by the CLIENT or any person or entity that acquires or obtains the plans and specifications from or through the CLIENT without the written authorization of S-H. DISPUTE RESOLUTION If a dispute arises between S-H and CLIENT,the executives of the parties having authority to resolve the dispute shall meet within thirty(30)days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty(30)day time period,CLIENT and S-H agree to submit to non-binding mediation prior to commencement of any litigation and that non-binding mediation is a precondition to any litigation. Any costs incurred directly for a mediator,shall be shared equally between the parties involved in the mediation. Project 121395 June 18,2021 SH IVCHATTERY 1 p l A R C H I T E C T U R E+E N G I N E E R I N G Page 191 of 319 Page 8 of 9 EXCUSABLE EVENTS S-H shall not be responsible or liable to CLIENT or CLIENT's contractors,consultants,or other agents for any of the following events or circumstances,or the resulting delay in S-H's services,additional costs and expenses in S-H's performance of its services,or other effects in S-H's services,stemming in whole or part from such events and circumstances(collectively, "Excusable Events"or,singularly,an"Excusable Event"):a change in law,building code or applicable standards;actions or inactions by a governmental authority;the presence or encounter of hazardous or toxic materials on the Project;war(declared or undeclared)or other armed conflict;terrorism;sabotage;vandalism;riot or other civil disturbance; blockade or embargos; explosion;abnormal weather;unanticipated or unknown site conditions;epidemic or pandemic(including but not limited to COVID-19),delays or other effects arising from government-mandated or government-recommended quarantines,closure of business,access,or travel;strike or labor dispute,lockout,work slowdown or stoppage;accident;act of God;failure of any governmental or other regulatory authority to act in a timely manner;acts or omissions by CLIENT or by any CLIENT's contractors,consultants or agents of any level on the project(including,without limitation,failure of the CLIENT to furnish timely information or approve or disapprove of S-H's services or work product promptly,delays in the work caused by CLIENT,CLIENT's suspension,breach or default of this Agreement,or delays caused by faulty performance by the CLIENT or by CLIENT's contractors,consultants,or agents of any level);or any delays or events outside the reasonable control of S-H. When an Excusable Event occurs,the CLIENT agrees S-H is not responsible for any actual or claimed damages incurred by CLIENT or CLIENT's contractors,consultants,or agents,S-H shall not be deemed to be in default of this Agreement,and S-H shall be entitled to a change order to equitably increase and extend S-H's time for performance of its services,as well as equitably increase the contract sum to compensate S-H for its increased labor,expenses,and other costs to perform its services,due to the Excusable Event. ASSIGNMENT Neither party to this Agreement shall transfer,sublet or assign any rights under or interest in this Agreement(including but not limited to monies that are due or monies that may be due)without the prior written consent of the other party. SEVERABILITY, SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void,and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and S-H shall survive the completion of the services hereunder and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW This Agreement shall be governed pursuant to the laws in the state of the locale of the S-H office address written in this Agreement. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of S-H to provide equal employment opportunities for all.S-H enforces the following acts and amendments as presented by Federal government or State governments:Title VII of the Civil Rights Act of 1965,Age Discrimination in Employment ACT(ADEA),Americans With Disabilities Act(ADA), Iowa Civil Rights Act of 1965,and Illinois Human Rights Act[ 775ILCS 5]. S-H will not discriminate against any employee or applicant because of race,creed,color,religion,sex,national origin,gender identity,sexual orientation, marital status,ancestry,veteran status,or physical or mental handicap,unless related to performance of the job with or without accommodation. COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and S-H and supersedes all prior negotiations,representations and agreements,whether oral or written.In the event the CLIENT issues a Purchase Order of which this Agreement becomes a part,or the CLIENT and S-H otherwise execute or enter into a contract into which this Agreement is incorporated,the parties expressly agree that,to the extent the terms of this Agreement conflict with or are otherwise inconsistent with such Purchase Order,or any other contract,this Agreement shall supersede and override the terms of the aforementioned documents,and this Agreement shall solely govern in those regards. ACCEPTANCE Wet signatures,digital signatures,electronic signatures or acceptance communicated by mail or e-mail from one party to another, are deemed acceptable for binding the parties to the Agreement.The CLIENT representative accepting this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the CLIENT. DBE PARTICIPATION REQUIREMENT There is a 2%DBE participation requirement.The DBE firm shall be listed on the Iowa Department of Transportation DBE Directory https://secure.iowadot.gov/DBE/Home/IndexWet signatures,digital signatures,electronic signatures or acceptance communicated by mail or e-mail from one party to another, Project 121395 June 18,2021 SH IVEHATTERY 1 p l A R C H I T E C T U R E+E N G I N E E R I N G Page 192 of 319 Page 9 of 9 AGREEMENT This proposal shall become the Agreement for Services when accepted by both parties. Wet signatures, digital signatures, electronic signatures or acceptance communicated by mail or e-mail from one party to another, are deemed acceptable for binding the parties to the Agreement. The Client representative signing this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the Client. Thank you for considering this proposal. We look forward to working with you. If you have any questions concerning this proposal, please contact us. Sincerely, SHIVE-HATTERY, INC. Marcus Januario, Project Manager mjanuario@shive-hattery.com AGREEMENT ACCEPTED AND SERVICES AUTHORIZED TO PROCEED CLIENT: City of Waterloo, IA BY: TITLE: (signature) PRINTED NAME: DATE ACCEPTED: CC: Justin Campbell Roxanne Kropf Project 121395 June 18,2021 SH IVCHATTERY p A R C H I T E C T U R F+ F i�C�i N F F R 1 ^;G Page 193 of 319 CITY OF WATERLOO Council Communication Resolution approving a permanent easement agreement with Koelker Properties, LLC, to dedicate a permanent easement, over a portion of property located at 3180 West Airline Highway, for sanitary sewer and utility purposes, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ Easement Plat Backup Material ❑ Easement Agreement Backup Material Resolution approving a permanent easement agreement with Koelker Properties, LLC, to dedicate a permanent easement, over a portion of SUBJECT: property located at 3180 West Airline Highway, for sanitary sewer and utility purposes, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The city recently relocated some sanitary sewer along West Airline Highway that was in the right-of-way, however, that right-of-way has been vacated and Summary Statement: conveyed to the Koelker Properties, LLC and the easement is needed over the sanitary sewer and any other utilities. The easement covers the south 30 feet of the right-of-way that was vacated and conveyed to Koelker. Expenditure Required: None Source of Funds: N/A Policy Issue: Infrastructure Alternative: Not approve. That part of the Southeast Quarter(SE1/4)in Section No. 5 Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest Corner of Tract"A" per Plat of Survey recorded in File 2019-9617 dated 12/21/2018 in the Office of the Black Hawk County Recorder;thence North 0°20'04" West, 30.00 feet along the West line of said Tract"A" and Tract"B" per Plat of Survey recorded in Legal Descriptions: File 2019-9617 dated 12/21/2018 in the Office of the Black Hawk County Recorder;thence North 89°40'50" East, 204.12 feet to a point on the east Page 194 of 319 line of said Tract "B"; thence South 0°20'03" East, 30.00 feet along the east line of said Tract "A" and Tract "B" to the Southeast Corner of said Tract "A"; thence South 89°40'50" West, 204.12 feet along the northern right-of- way line of West Airline Highway to the Point of Beginning, containing 6,120 Square feet. Page 195 of 319 UTILITY EASEMENT EXHIBIT INDEX LEGEND LOCATION: SQUTHEAST QUARTER SEC.5 T89N R13W, WATERLOO,BLACK HAWK COUNTY,IOWA PROPRIETOR: KOELKER PROPERTIES LLC SURVEY REQUESTED BY: CITY OF WATERLOO FIELD WORK COMPLETED: 8/10/2020 SURVEY PREPARED BY: CLAPSADDLE-GARBER ASSOCIATES,INC, RESPOND TO: 5106 NORDIC DRIVE, CEDAR FALLS,IOWA 50613 PHONE 319-266-0258 TSTE WART@CGACON SU LTANTS.COM T'4RCIEL "E" FILE 20115-11511 DATED 1_' 23 2015 FOUND IRON PIN W/ORANGE1 FOUND IRON PIN W/ PLASTIC CAP#23212 NW39-21"E(N89°4E) ALUMINUM CAP#19715 204.12' VACATED NORTHERN RIGHT-OF-WAY LINE TRACT -B" NO°20'04'W 65.92' -- FILE 2019-000090i: SO°20'03"E 65.98' (N00°19'W 66.0'} NORTH LINE 30' (S00°18'40"E 66.0') UTILITY EASEMENT N 89°40'50"E �.\ 204.12' NO°20'04"W 30.00' S89 40115"W %) , I SO°20'03"E 30.00' (N00'19TR-CT . iL r1 r, . , (500°18'40'E 27.1') zoly-Dou„rr� y` 204.12' 5W CORNEA TRACT"A' S89°4015041W \`� �� POINT OF BEGINNING SEE DETAIL"A" SEEDETAIL"B" NORTHERN RIGHT-OF-WAY LINE E.AIRLINE HIGHWAY (GROSS-AREA) (EASE-AREA) (NET-AREA) N.LINE N.LINE TRACT"B" r TRACT"A' 51520 SO.FT. 5,520 SO.FT, 0 SO.FT. TRACT"a' o 1 N.LINE !' o TRACT.? 13,479 SO,FT, 600 SO.FT. 12,870 SO,FT. TRACT"A' ! N.LINE TOTAL 18,990 SO.FT, 6,120 SQ.FT. 12,870 5O.FT. TRACT"A" I I va I I o I II I m w Z I M o LEGEND: �I I m I rA M G p W o p o I M r o w GOVERNMENT CORNER MONUMENT FOUND Z 0 1 o E � i i . o ti p GOVERNMENT CORNER MONUMENT SET Z r— 0 1/2"x 30"REBAR w/ORANGE PLASTIC ID CAP#17162 vg • PARCEL OR LOT CORNER MONUMENT FOUND Iti r 1 I SET 1/2"x 30"REBAR w/ORANGE PLASTIC 1 ID CAP#17162 III 11 114 lr ( ) RECORDED AS SE CORNER TRACT"A" DETAIL"N' i DETAIL"B" FOUND IRON PIN W/ORANGE NOT TO SW CORNER TRACT'A" �\ NOT TO ; PLASTIC CAP#23212 NOTE: SCALE FOUND IRON PIN W/CRANGE SCALE ,% ALL BEARINGS ARE THE RESULT OF G.P.S. -- l PLASTIC CAP#23212 -- OBSERVATIONS USING IOWA REGIONAL POINT OF BEGINNING COORDINATE SYSTEM ZONE 5 USING IOWA DOT REAL TIME:NETWORK, DESCRIPTION That part of the Southeast Quarter(SV4)in Section No.5 Township No.89 North,Range No.13 West of the Fifth Principal Meridian,in the City of Waterloo, Black Hawk County,Iowa,described as follows: Beginning at the Southwest Corner of Tract"A"per Plat of Survey recorded in File 2019-9617 dated 12/21/201 B in the Office of the Black Hawk County Recorder; thence North 0°20'04"West,30.00 feet along the West line of said Tract"A"and Tract"B"per Plat of Survey recorded in File 2019-9617 dated 12/21/2018 in the Office of the Black Hawk County Recorder;thence North 89°40'50"East,204,12 feet to a point on the east line of said Tract"B";thence South 0°20'03"East,30.00 feet along the east line of said Tract"A"and Tract"B"to the Southeast Corner of said Tract"A";thence South 89°40'50"West,204.12 feet along the northern right-of-way line of West Airline Highway to the Paint of Beginning,containing 6,120 Square feet. AIRLINE HIGHWAY UTILITY EASEMENT SURVEY BLACK HAWK COUNTY . N I hereby certify that this land surveying document was prepared and the related survey work was C NsTFGL my direct personal' upervision and thaperformed amba duly Licensed AQP �' F4 ��� Professional Land Surveyor un er the laws of the State of Iowa. dJ S Z z p Clapsaddlc-Garber Associates.Inc �C 51DE Nordic Drive 9 17162 jz Cedar Fags,love 50613 Travis R.Stewart, PLS date Ph 319.2660259 �O Iowa License Number 17162 www,cgaconsuhanrs.c*m SCALE 1"=50' id's IOWA J�� My License Renewal Date is December 31,2021 DRAWN SHEET NO- 1 1 ��iU Pages or sheets covered by this seal: THIS SHEET SJC OF 0 50+ 4C LAA DATE PROJECT NO, 08-17-2020 2435.05 J,124351dgs15urVey%Enements12435.Ulft Easement EKhibft-Moe3Ner,Ng-Plat LEG-66-01.27-903 -Irs246 Tim Andera,City of Waterloo,Planning and Zoning,Waterloo,lA 50703. Phone(319)291-4366 After recording,return to City of Waterloo,715 Mulberry Street,Waterloo,IA 50703,Attn:Noel Anderson. EASEMENT AGREEMENT This easement agreement is entered into as of 2021 between Koelker Properties, LLC (Grantor)and the City of Waterloo, Iowa (Grantee), Grantee"). 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 aclulowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a permanent easement (the "Easement") in, to, upon, over, beneath and across the Southerly thirty (30) feet (the "Easement Area") of the real estate legally described as set forth on Exhibit "A" attached hereto (the "Premises"). 2. Purpose. The Premises is intended for use by the Grantee, its officers, employees, contractors, and agents, to construct,inspect,maintain,repair,operate and remove certain sanitary sewer and utility improvements (the "Improvements"), together with a right of reasonable ingress and egress thereon. It is the intention of the parties that Grantee shall assume no responsibility for the construction, maintenance and operation of the Improvements made to the Premises, and the Grantor shall have no liability relating to the Easement of the Improvements except as may arise f om the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Easement Premises to Grantee, "as is, where is", without any representation of warranty as to the condition of same. Grantor shall have no duty to prepare the Easement Premises, Grantor shall have no further duty or obligation with respect to the Easement Premises, except as set forth herein. Grantor may mow grasses and vegetation growing in the Premises, but may not conduct other activities upon the Premislrs without the prior written consent of Grantee. 4. Miscellaneous Provisions. This Agreement shall run with the land and is binding upon and shall inure to the benefit of the parties and their respective successors, assigns and transferees. References in the singular number include the plural, and vice versa. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all Page 197 of 319 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. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. Koelker Properties, LLC CITY OF WATERLOO, IOWA ay: By: Quentin M. Hart, Mayor Title: / Attest: Kelley Felchle, City Clerk STATE OF IOWA } ss. BLACK HAWK COUNTY ) r2 Ac cnr�wledged before zne on�Lll� z�,2.�2-� , b��Q �` � :� f'� as 41 of Koelker PropEmy ertie �L {VC3�,C°�tf(as iS�zAI—�d9VY4'k 1��ii 1 Notary b STATE OF IOWA } ss. BLACK HAWK COUNTY ) Acknowledged before nae on , by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 198 of 319 EXHIBIT "A" Legal Description —Premises Subject to Easement That part of the Southeast Quarter (SEim) in Section No. 5 Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest Corner of Tract "A" per Plat of Survey recorded in File 20199617 dated 12/21/2018 in the Office of the Black Hawk County Recorder; thence North 0°20'04" West, 30.00 feet along the West line of said Tract "A" and Tract "B" per Plat of Survey recorded in File 2019-9617 dated 12/21/2018 in the Office of the Black Hawk County Recorder; thence North 89°40'50" East, 204.12 feet to a point on the east line of said Tract "B"; thence South 0°20'03" East, 30.00 feet along the east line of said Tract "A" and Tract "B" to the Southeast Corner of said Tract "A"; thence South 89°40'50" West, 204.12 feet along the northern right-of-way line of West Airline Highway to the Point of Beginning, containing 6,120 Square feet. Page 199 of 319 UTIL,I'TY EASEMENT EXHIBIT INDEXLEGEND GCATION: QUTHEASTQUARTERSEC.5-T89N-R19W, WATERLOO,TRACK HAWK COUNTY,IOWA - ftORTIETOR: ;OELKER PROPERTIES LLC URVEY REQUESTED BY: CITY OF WATERLOO FIELD WORK COMPLETED: /10/2424 URVEY PREPARED BY: LAPSADOLE-GARBER ASSOCIATES,INC, RESPONDTO: 106 NORDIC DRIVE, EDAR FALLS,IOWA 50513 HONE 319-26Fr0258 ST EWA RT@CGACO NSU LTANTS.GO M Y f'i f'CEL L" r'fid" 2016 11;11 FOUND IRON Pill V1/ORANGE -\ FOUND IRON PIN V8 PLASTIC CAP#23212 .. - N8W3921°E(NS9'40<'Fl hWM€tJUMCAP,ti`i9735 204.12' --- - - � VACAIEf1NORTNERN .-'._,..__ ..._.-.------------------ ---- RIGHT-OF-WAY LINE 7'T_,1r 1 ..]) NO`20'04'W 65.92' 1'r1.t.' 014 unnarr;lr - S0°20'*3'E 65.98' IN00'19W66.0'} NORTH LINE 30' (540'16'40166.0) UTILITY EASEMENT _ N89'40'50"E 1'. .. 204.12 .. i -r. 204.12' NO°20'04'W 30.00' II S89140951H I I N00'19Y I I [ SO°26'03'E 30.40' (S00'18'40'E 27.1') } I �(1I.1...Urlllrl S3lili 5 1 �.� 204.12 .. , S89'40'50'W SW CORNER TRACT°A' POINT OF BEGINNING {; l;� SEE CETAIL'B' '., SEE UETAIL'A° NORTHERN RIGHT-OF-WAY LINE E,AIRLINE HIGHWAY (GROSS-AREA) (EASE-AREA) (NFT-AREA) LIE TRACT'B° TRACT NB' ; \++ TRACT'A' 5,520 S0.FT.� 5,520 S0.FT. 0 S0.FT. N.LINE rl/ TRACT`T' 13,470 S0,FT. 80050.Ff. 12,870 SO.Ff. I I TRACT°A"+ _ + N.UNE 7r TOTAL 18,4905R.R. 6,12050.FT. 12,870 S0.FT. r - rl TRACT'A' II r I I G + I I o 0 I r M y LEGEND: rn o o ' rn C m w i e GOVERNMENT CORNER MONUMENT FOUND z A GOVERNMENT CORNER MONUMENT SET m 112'x 30'REBAR w/ORANGE PLASTIC ID CAP*17162 � r I 0 PARCEL OR LOT CORNER MONUMENT FOUND + - 0 SET 112'x 30'REBAR WIORANGE PLASTIC II Ir } r ID CAP#17162 RECORDED AS CORNER r / \++ DETAIL'A' /I 1++� DETA€L'6' /!r FOONO IROFI CV!/CRANGE \\� NOT TO . Sk'lCORNER TRACT`h" +\\\ NOTTO PLASTIcCN'#23212 NOTE; ,,,SCALE "� FOUND IRON PfN w/ORANGE SCALE ,' ALL BEARINGS ARE THE RESULT OF G.P.S. -- PLASTIC CAP#23212 --- OBSERVATIONS USING IOWA REGIONAL POINT OF BEGINNING COORDINATE SYSTEM ZONE 5 USING IOWA DOT REAL TIME NETWORK. DESCRIPTION That part of the Southeast Quarter(SFJa)in SeoFon No.5 Township No.89 North,Range No.13 West of the Fifth Principal Meridian,in the City of Waterloo, Black Hawk County,Iowa,described as follows: Beginning at the Southwest Corner of Tract'A'per Plat of Survey recorded in Ffle 2019-9657 dated 12/21/2018 in the Office of the Black Hawk County Recorder; thence North 0°2YW West,30.00 feet along the West line of said Traot'A'and Tract"B'per Pfat of Survey recorded in Fife 2019-9617 dated 12/2112016 in the Office of the Black Hawk County Recorder;thence North 89°40'50"East,20412 feel to a point on the east line of said Tract'B thence South 0°20'03'East,3D.00 feet along the east line of said Tract°A°and Tract"6'to the Southeast Corner of said Tract"A";thence South 8914036"West,204.12 feel along the northern right-of-way tine of West Airline Highway to the Point of Beginning,containing 6,120 Square feet, AIRUNIE HIGHWAY UTILITY EASEMENT SURVEY BLACK HAWK COUNTY N I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under PJ �SCEfJSFOLY� my direct personal supervision and that I am a duly Licensed Professional Land Surveyor un oar the laws of the State of lowa. ClaFssaddlo-Gar6cr Assucia+es,Inc a 17162 c dmrno:.Io�wcls p0 � Travis R.Stewart,PLS date rn srswsozse Iowa License Number 17162 vrw.cgzw"5°eanls.wm 17RAYVN SHEET NO. SCALE 7°=5D' FSs WA �P� My License Renewal Date is December 31,2021 SJC 1 OF 1 70,V S Pages or sheets covered by this sea THIS SHEET 0 50` Af- LAt� DATE PRDJECTNO. --- 08-17-2020 2435.05 J-L`375.1.�;;SY•c,�r%1,,'-.f+S°�)S-Vf.'/r���4ILrF}1'?b_rL�_%f-:IR:•O�Gt�-Yi�.�-t46 .. ............................................................................. . Page 200 of 319 CITY OF WATERLOO Council Communication Resolution approving an Acquisition Contract with Lost Island Real Estate L.C. to acquire 7,281 square feet of right-of-way and approving a temporary easement on 38,180 square feet for Hess Road and East Shaulis Road for$2,094.98 and up to $2,000 in closing costs, located on property south of 4550 Hess Road, East of 2225 East Shaulis Road, 5049 Hess Road, 2546 East Shaulis Road, and east of 2546 East Shaulis Road, in conjunction with the Shaulis Road reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ Acquisition Contract Backup Material Resolution approving an Acquisition Contract with Lost Island Real Estate L.C. to acquire 7,281 square feet of right-of-way and approving a temporaxX easement on 38,180 square feet for Hess Road and East Shaulis Road for SUBJECT: $2.094.98 and up to $2,000 in closing costs, located on property south of 4550 Hess Road, East of 2225 East Shaulis Road, 5049 Hess Road, 2546 East Shaulis Road, and east of 2546 East Shaulis Road, in conjunction with the Shaulis Road reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The City of Waterloo is preparing to reconstruct Shaulis Road from Hess Road to Highway 218, which involves the need for approximately 12 Summary Statement: temporary easements, and 3 fee title acquisitions needed to complete the project. This transmittal includes 1 fee title acquisition, and 1 temporary easement. The easement areas will be returned to the state they were in prior to construction. Staff have completed all negotiations. Expenditure Required: $2,094.98 and up to $2,000 in closing costs Source of Funds: Bond funds Policy Issue: Acquisition for street reconstruction Alternative: N/A Page 201 of 319 ACQUISITION CONTRACT Project Parcel Nos. 1,7, 9, 10 and 12 PROJECT Shaulis Road Reconstruction Hess Rd to Hwy 218 THIS ACQUISITION CONTRACT(the "Contract") is made and entered into as of ' 2021 by and between Lost Island Real Estate L.C. ("Seller"), and City of Waterloo, Iowa,("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See plats and legal descriptions attached as Exhibit "A", City of Waterloo, State of Iowa, which includes any buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements,and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes,including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which if has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Sellers intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $.2,094.98. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing,to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies,if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price,if Seller is eligible for relocation expenses then it shall also receive relocation housing costs. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before , as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. i 5. Seller warrants that there are no tenants on the Property holding under a lease except: Page 202 of 319 1 6. This Contract shall apply to and bind the legal successors in interest of the Seller,and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa,and agrees to warrant merchantable title. Names and addresses of lienholders are: (a} Black Hawk County, Iowa, for taxes. u Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law,and title standards of the Iowa State Bar Association. Buyer agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. RESERVED 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract,Buyerwill pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price,payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property,provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer,to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. Page 203 of 319 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities if the Buyer chooses to perform a Phase I. In supplementation of the Phase 1,Seller agrees, no later than one week after the date of approval of the City Council, to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller,and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHPREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. L 4 6"Cv4-2-— I JLct 55,-7-AA **NAME**,* TITLE**, Lost Island Real Estate-IN.C. SSN or EIN [Additional Seller name or Attest] SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF County: ss: Acknowledged before me on^_��x7�2t by G [as of Seller]. Nota ublic APPRO AL MEN ED BY: City Planning Staffj (Date) JAN YOUNaLUT ° cww"eion Na732B02 * * my CanndWM Expires 20,2D23 Page 204 of 319 APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY,ss: Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 205 of 319 Prepared by:Aric Schroeder,City of Waterloo.715 Mulberry Street,Waterloo,lA 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 Parcels 1,7,9, 10 and 12,together with a right of ingress and egress thereon. **NAME** **TITLE"*, Lost Island Real state L.C, [Additional Seller name or Attest] tate of 4 } County ) ss. A_agriowledged before me on by [as of Seller]. [Seal] cl Notary ublic TIM ANDER COMMISSION NO 772618 all MY COS MMISSION IRES APRIL 11,2024 Page 206 of 319 N N �L al INDEX LEGEND n U General Description: Part of SE 1/4, Sac. 1[TB8h:—R13W, Waterton 0 Surveyor. David L Sehelt (16775) Surveying Company:Wayne Claassen Fnglneering do Surveying. Trio. C 2705 University Avenue (P.O. Bax 139B) p Waterloo, Iowa 50704 U (319)235-6244 L Survey Requested By: CAy of Waterloo t,o Proprietor. Lost Island Real Estate, L C. R. O. W. ACQUISITION PLAT SHEET 1 OF 2 LEGAL DESCRIP-nON R.O.W. Acquisition That part of the Southeast Quarter (SE 1/4) of Section ©even (11), Township Eighty—eight North (T8BN), Range Thirteen West (RM), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described us follows: Beginning at point that is Fifty (50) feet normally distant North of the South line of aforesaid Southeast Quarter (SE 1/4) and One Hundred (100) feet normally distant west of the East line of said Southeast Quarter (SE 1/4) os per Land Deed 540, Page 106 in the Black Hawk County Recorder's Office; thence S89'33'50"W Seventy—five and Fifty—four Hundredths (75,54) feet along the North right—of—woy line of Shaulls Road as per said Land Deed; thence N41"26'51"E One Hundred Thirty—eight and Twenty—four Hundredths (138.24) feet: thence N0l'24'05'E Fifty—three and Fifty—nine Hundredths (53.59) feet; thence SBB35'55"E Fifteen (15.00) feet to the West right—of—way line of Hess Road as per Land Deed 544, Page 886 in aforesaid Recorders Office; thence S01'24'05'W One Hundred Twenty—six and Sixty—two Hundredths (126.62) feet along said West right—of—way line to aforesaid North right—of—way line; thence S44'35'1B'W Forty—one and Sixty—one Hundredths (41.61) feet along sold North right—of—way line to the paint of beginning containing 6504 square feet. C) M rn Mrn Z: a N NOTES: 1. The basis of bearings for this Plot of Survey is the South line of the SE 1/4 assigned a bearing of N89'33'50"E as per Iowa State Plane Coordinate System, North Zone, 2011 adjustment. CERTIFICATION C I hereby certify that this land aurveying document was prepared and the related survey work was performed by me or under my direct parsonai eupervision and that I am a duly Licensed Lond Surveyor under the laws of the State of Iowa. E Signature: povEd t.Schail,P.LS. i Rate- , 20 License No 16775 Pages or Sheets Covered by this Sect- 2 737--66 My license renewal dote is December 31, 2022 FIELD BOOK 769-06 Page 207 of 319 WAYNE GLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE 319-235-6294 P.O. BOX 1398 WATERLOO, IOWA 50704-0898 (FAX 319-235-0028 R. O. W. ACQUISITION PLAT ®® SHEET 2 OF 2 Park of SE'1�4, Sec. 11-T88N-R13W, Waterloo, B St-'1(4, Hawk County, Iowa Survey for. City of Waterloo 0 100 Proprietor. Lost Island Real Estate, L C. 1 INCH = 100 FEET SURVEY LEGEND: Q DENOTES SECTION CORNER 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION POC DEMOTES POINT OF COMMENCEMENT E 1/4 CORNER. POB DENOTES POINT OF BEGINNING SEC. 11-TBBN-R13W ROW AC DENOTES RIGHT-OF--WAY ACQUISITION (FOUND IDOT ALUM. CAP) MISC. BOOK 333-020 I m < Q O o En o ]n W c� g ' m I In I m m m I � z I N O (508'35'S5`E-76.ap'}r` I W N � Nq Im m ti I� RDW ACQUISITION `S o (05°4 4 FL) aW (589'33'501'1-75,547 I I Land Deed 540-10B P06 ROW AC. mI I SHAIIZIS ROAD _ _yam, L) — — — (N89'33'S°'E-2&1297) S 1/4 CORNER, SEC. 11-T88N-R13W I SE CORNER (FOUND MAG NAIL & WASHER SEC. 11-TBBN-R13W #16775) (FOUND LEAD PLUG) DOC. No_ 2019-13734 DOC. No. 2020-06946 C E 737-66 FIELD BOOK 769-06 Page 208 of 319 HIE - at D[ i f @3 SS3H 60 s. m I {,l l-fi51-3,9"Y,YZ.IN a ( n ° •r V �tas4 ��� Q _ m � � ° m Q h ° n O' L C) 4 {� Q LC) m 0 � Fl n 10 I I' I 1 o 00 I to w J� 3 V V1Q J W >W i ZW 3O V< 4� Ox OU VQ 0Q x¢ as On coo ' o _ W, F Mw "w 0:2z I bh MW F o�[rz1�¢ O x¢ I may, E]J 0.a YW a WW = 0 1 •- J I I S Paqp 2Q9 of 319 i Cl) w C� 9E w I I ' I 5 I P �71ll�� I � H o, o z 4. xg —_y ,rr . II 0 1 kll/i- 1 z � I H N N • ��I�N/�` � o� � 31 ¢N� I i I �u1r, z � I I9E-EE s a I 1orI aryls.,, n p m 1 ~!/n� o� cc ' IEE �lr s1 ' rt I ZS'IEsZE IS Id X3. nc sz.I I lip f � ti er,oe v, la 14 s, s�w Page 210 of 319 m N �L U INDEX LEGEND o 0 General Description: Part of NW 1/4, Sec. 13 788N—R13W, Waterloo N Surveyor. David L Scheii (116775) Surveying Company. Wayne Claaesea Engineering !c Surveying, Inc. � 2705 University Avenue (P.O. Box 898) p Waterloo. Iowa 50704 U (319)235-5294 Survey Requested By: City of Waterloo n Proprietor. Last Island Real Estate, L C. {! P�'G�� R. O. W. ACQUISITION PLAT SHEET 1 OF 2 LEGAL DESCRIPTION R.O.W. Acquisition That part of the Northwest Quarter (NW 1/4) of Section Thirteen (13), Township Eighty--eight North (T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of aforesaid Northwest Quarter (NW 1/4); thence NSS'55'44'E'Three Hundred Ten (310.00) feet along the North line of said Northwest Ouarter (NW 1/4) to the Northerly extension of the East line of Parcel "B', Document No. 2003-32861 in the Black Hawk County Retarders Office; thence S00'32'11'E Forty—rive (45.00) feet along said Northerextension to the Northeast comer of sold Parcel "B`: thence S8655'44'W Two Hundred Fifty—one and Thirty Hundredths 251.30) feet along the North line of said Parcel 'B" and to the point of beginning; thence NB8'55'44'E Twerity—five and Twenty—one Hundredths (25.21) feet along said North tine; thence S4451'22W Sixty—two and Twelve Hundredths (62.12) feet to the West line of aforesaid Parcel 'B", thence N01'17'36'W Twenty—three and Sixty—eight Hundredths (23.68) feet along the West line of said Parcel 'B"; N43'54'16"E Twenty—seven and Sixty Hundredths (27.60) feet along said West line to the point of beginning contalning 777 square feet 0 M N m m NOTES: z 0 1. The basis of bearings for this Plat of Survey is the North line of the NW 1/4 assigned a bearing of NB&55'44"E as per Iowa State Plane Coordinate System, N North Zone, 2011 adjustment. V F CERTIFICATION I hereby certify that this land surveying document was prepared and the reluted survey work was performed by me or under my difect personal supervision and Cthat I am a duty Ucensed Land Surveyor under the sows of the State of rows. E Signature: David L Schell, P,LS. Date, 20License No 16775 Pages or Sheets Covered by this Seel: 2 737-66 My IIcense renewal date is December 31, 2022 HELD BOOK 769-05 Page 211 of 319 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE., (VOICE) 319-235-6294 P-O. BOX 898 WATERLOO, IOWA 50704--0898 (FAX) 319-235-0028 R. O.W. ACQUISITION PLAT SHEET 2 OF 2 ®� Port of NW 1/4, Sec. 13-T88N-R13W, Waterloo, Black Hawk County, Iowa Survey for. City of Waterloo 0 100 Proprietor., Lost Island Real Estate, L- C. Pfd�,t G,I- PatC�� 7 SURVEY LEGEND- 1 INCH = 100 FEET I Q DENOTES SECTION CORNER 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION POC DENOTES POINT OF COMMENCEMENT POB DENOTES POINT OF BEGINNING ROW AC DENOTES RIGHT-OF-WAY ACQUISMON TCE DENOTES TEMPORARY CONSTRUCTION EASEMENT I POC ROW AC., W CORNER SEC. 13-T88N-R13W (FOUND LEAD PLUG) DOC. No. 2020-06945 Land Deed 539-394 Pae Row Ac. SHAULIS ROAD (Nau5W44'E-1321.57) V (N89'55441-310.001 - o I . L. (500'32'11'E-45.00') N69'27'55'E-251.30'(saa55'44'W-251-w - ry,1 (N56'55'44'E-25.21') 1 NE CORNER, m or pp NW 1/4, NW 1/4 $_ is SEC.13-T88N-R1 1 1 ROW ACQUIS 10N o (FOUND 'X' CUT IN CONC.) m (m$9-Ft) Porcel'6' DOC. No. 2020-05950 Doo No,2003-32861 I log I O II` N la N O m I NaW27'55E--245-7 N m LY w O R G J U, Parcel'C' m Doc No. 2003-32861 Z Q V N J C I E 120'Eaot-Wast 50' _ W 1/4 CORNER, Lot 01 } SEC. 13-T8BN-R13W Georg 0n Heights (FOUND PIN & CAP#8505) 737-66 DOC.No. 2003-32860 FIELD BOOK 769-06 Page 212 of 319 rta _ ., • <z n�w Om tj J06,00 0 Lj LLJ 14 Li a T. I�. 1 • Ln 1 4'm .# • • ) wmwmm 1 imp i#3 #R-45,12,16rt R#!'#m## "<< '�#`��#iii*i'00#9�' ,.*.,�►•. :.-.� �.4�N`�i#iii#i##�e��'�ig��• w�� ♦� iii+4!.% ��i!�' 1 Lu — S+fit-TS I d ., - \ X X , NZ \\ � Z _} 6 r8 by rr� _ �a yI eb L cT !,d r� 1 On 1 0a 0 a - 2 ,is ld ---- s r 1 Nl +92 T 34 r — 1 ! [ is a \ ; r I 1 I M1 — i 1_ I rf ma � r w �f✓� I b2 Page 214 of 319 I - I � I II I!=' —-d - - � I W 544 r � ❑ z�s� I I 1 II �G. mliv I 94r,``14 NvrLOD } I �. l- I ! 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I 1 1 1 1 a II I + SGA b cirA+I �i* a r .-��� I I ,� Vii. � �`o+ I ►�,� I //f i 9YLgI I I ld � PbSt ILL.2 '� I I ¢ 11u , Fig «S' r ` are 'cc = 3d , I! I a I wixe ' Sim {II` rc w 7! N� w. eWp5 '9.R .�l- {`/ Page 218 of 319 I " I I % m v a N m 1 I I m m 5 I y 9 EVA ix I Il 4 r'u ei 4e I~ o IyI � .I I f; •i•'• �" i I m o' `I 1 I•i w � II. 1 t °QI�� J eZ� w' II kLTS qQ !I I I o I ! I 9 S NZ Ski 6; I .• w r z I s.st e�s:� wa r r •\ SIS .1 I �`:, � i III I , i i I I t z��s z ELS N D I \ f oII f amn9 o + °qs` ad \ � I 'I•., �f a, _ + _*�-� o ' i sx ztZst� aN S cg zQA I'I I IL 7 i I 3$s►c UR o6 ISM 901 rr OIL w. �IV z;Xl 94 !P t5. EVA o bil, I UEA s �4. R i ,E I Aw a f !la, t I a3z�+ ' I I f ! I I !I I I I 3 l i pl m O lli � II ¢� a1 �$3I?�dV� �U 1St EZt ® II X m m m m m m m 89 Aim 5 Page 219 of 319 r -y - aD LD r ¢ zi !1 Ll Ana > >3a N o� o� cviQ rc� I� o' t �i - �r 2 z�owN 3 wN WdW . O�KX 6i, Q O XQ - c»a�rw � ww ;f iy2 ZZI is - - R� :r •Y. 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N ut l e I Siem ` Cuta it's � I Page 221 of 319 CITY OF WATERLOO Council Communication Resolution approving Acquisition Contract with Lost Island Theme Park Inc., to acquire 2,270 square feet of right-of-way and approving a temporary easement on 63,338 square feet for East Shaulis Road for$1,118.49 and up to $1,000 in closing costs, located at 2600 East Shaulis Road, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ Acquisition Contract Backup Material Resolution approving Acquisition Contract with Lost Island Theme Park Inc., to acquire 2.270 square feet of right-of-way and approving a tempomI3X SUBJECT: easement on 63,338 square feet for East Shaulis Road for$1.118.49 and up to $1,000 in closing costs, located at 2600 East Shaulis Road, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The City of Waterloo is preparing to reconstruct Shaulis Road from Hess Road to Highway 218, which involves the need for approximately 12 Summary Statement: temporary easements, and 3 fee title acquisitions needed to complete the project. This transmittal includes 1 fee title acquisition, and 1 temporary easement. The easement areas will be returned to the state they were in prior to construction. Staff have completed all negotiations. Expenditure Required: $1,118.49 and up to $1,000 in closing costs Source of Funds: Bond funds Policy Issue: Acquisition for street reconstruction Alternative: N/A Page 222 of 319 ACQUISITION CONTRACT Project Parcel No. 13 PROJECT.Shaulis Road Reconstruction Hess Rd to Hwy 218 THIS ACQUISITION CONTRACT(the "Contract") is made and entered into as of , 2021 by and between Lost Island Theme Park Inc. ("Seller"),and City of Waterloo,Iowa,("Buyer'). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See plats and legal description attached as Exhibit "A", City of Waterloo, State of Iowa, which includes any buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights,title and interests, including all easements,and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes,including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Sellers intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 1,118.49. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing,to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies,if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price,if Seller is eligible for relocation expenses then it shall also receive relocation housing costs. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before , as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: Page 223 of 319 6. This Contract shall apply to and bind the legal successors in interest of the Seller,and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa,and agrees to warrant merchantable title. Names and addresses of lienholders are: a Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law,and title standards of the Iowa State Bar Association. Buyer agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. RESERVED 9. If the Seiler holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price,payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property,provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. Page 224 of 319 12. This Contract shall become effective only upon the occurrence of each of the following two events: fa) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance With Phase I site assessment and recommended subsequent activities if the Buyer chooses to perform a Phase I. In supplementation of the Phase I,Seller agrees, no later than one week after the date of approval of the City Council, to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller,and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHFRFFORE, the parties have entered info this Acquisition Contract as of the date first set forth above. 196 70 3Z i �-� **NAME**,**Tl f E**, Lost Island Theryle Park Inc. SSN or EIN [Additional Seller name or Attest] SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF t XCounty: ss: / 1 Acknowledged before me on by 3T [as of Seller]. No i Pubiic APPRO AL R ENDS BY: City Planning Staff (Date) o ; MY ' A �+luV 2o,20M Page 225 of 319 APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 226 of 319 Prepared by:Aric Schroeder,City of Waterloo,715 Mulbe_rry_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 13,together with a right of ingress and egress thereon. **NAME", TITLE", Lost Island Theme Park Inc. [Additional Seller name or Attest] State of ! ) l!J County ) ss. A nowledged before me on�Nv 101?�-t , by [as of Seller]. n [Seal] Notary Public h � TIM ANDERA $ � COMMISSION NO.772518 * MY COMMISSION EXPIRES awe APRIL 11,2024 Page 227 of 319 N J N L m INDEX LEGEND L0 V General Description: Port of NW 1/4 k NE 1/4. Sae. 13-188N—R13W,Waterloo Surveyor David L Schell (Jr16775) Surveying Company:Wayne Claossen Fngineering k Surveying. Inc. s 2785 Univenity Avenue (P_0. DoH 898) o Waterloo. Iowa 59704 U (319)235-6294 Survey Requested By.,City of Watedoo li Proprietor.. Lost Island 7hemepark, Inc. NdytGk- PaJ�a �3 R. O. W. ACQUISITION PLAT SHEET 1 OF 2 FR.O.W. SCRIPTION quisition That part of the Northwest quarter (NW 1/4) of Section Thirteen (13), Township Eighty—eight North (T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the North Quarter (N 1/4) comer of aforesaid Section Thirteen (13); thence SOO'40'48"E Fifty—eight and Thirty Hundredths (58.30) feet along the East line of aforesaid Northwest 4uarter (NW 1/4) to the North line of Parcel 'D", Document No. 2020-16954 in the Black Hawk County Recorder's Office and to the point of beginning: thence continue SOO'40'48"E Twelve (12.00) feet still along said East line; thence S84'33'00"W Ninety (90.00) feet; thence 569'08'50W One Hundred Ninety—eight and Ninety—seven Hundredths (198.97) feet to oforesald North line; thence H8437'52'E Two Hundred Eighty—nine and Fifty—nine Hundredths (269.59) feet along said North line to the point of beginning containing 2270 square feet. 1 NOTES: n M 1. The basis of bearings for this Plot of Survey Is the (n North line of the NW 1/4 assigned a bearing of N88'55'44"E as per Iowa State Plane.Coordinate System, m North Zone, 2011 adjustment. z 0 N J N J CERTIFICATION I hereby certify that this land surveying document was prepared and the related C survey work wasperformed by me or under my direct personal supervision and that I am n duly Licensed Land Surveyor under the laws of the State of Iowa. E 5gnature David t.Schell,PAS. Oat e• ,20 Ucilose No 15775 Pages or Sheets Covered by this Seal: 2 737-66 My license renewal date Is December 31. 2022 FI EIA BOOK 769-06 Page 228 of 319 . i WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 ® R. O.W. ACQUISITION PLAT Part of NW 1/4 & NE 1/4, Sec. 13—T88N—R13W, SHEET 2 OF 2 Waterloo, Black Hawk County, Iowa Survey for. City of Waterloo CC 200 Proprietor. Lost Island Themepork, Inc. [�- P�fCG� t3 SURVEY LEGEND: 1 INCH — 20D FEET & DENOTES SECTION CORNER 000m DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION POC DENOTES POINT OF COMMENCEMENT POB DENOTES POINT OF BEGINNING ROW AC DENOTES RIGHT—OF—WAY ACQUISITION TCE DENOTES TEMPORARY CONSTRUCTION EASEMENT (,ZL"B£9Z-3,LZ.LZA05) r _ \ Z .UZ Wzvv Il m UZ� i.. Z' la V�1\�ucq ^K" J �Cw'JZ Z U X m U VICO mn:Q O O m 1 .d Z of Q 0 Of in J �I Q x �I I n r, 1 �1�fy Z 81 N V'6in n a N Z ._.I� 8S 4 m O �o v $ Q o D1 3 o —� {,96'Lf9Z-3.B6,01•a05)~ m z 0 Qz aU�aM n N m M I V ' n m N [ Yo z�zm o l m wgN filo w Ww3f a N C y I pCp Z p 11n LLnN]VNI U- 1r J "f N7 r!yru-1.n In m WvQi upVlumizco N�IAUZZV Q Oo4O�mZnd o47 i.— oms m VE ^ zNZ6 Z m0OJJ J o 737-66 FIELD 800K 769-06 Page 229 of 319 o � y m zpN hSn� oda r< - ii';� ��e � N m�ao '• :t mv�i�z mm0°wmv�i�bo ol. Q o . 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I � I s • I r I - - — Iw w u uss oz�yrA LB'£5 9VkA WEs 0 I ¢ DarmW M 4 nl 66_ZS ar�zr� .- n -ZEE SkTp, I � k s a�Fr� E I Quw 1 I z Eos s .I" I t_ 21'b j I I I I ! 1 I k'a a5•as oE'e "� i Y I cb•hb SIM! JulI I m m m m o� Ansa I , Page 232 of 319 CITY OF WATERLOO Council Communication Resolution approving an Acquisition Contract with Lost Island Water Park Inc., to acquire 9,656 square feet of right-of-way and approving a temporary easement on 12,715 square feet for the intersection of Hess Road and East Shaulis Road for$4,152.45 and up to $1,000 in closing costs, located at 2225 East Shaulis Road, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/6/2021 Prepared: 6/23/2021 ATTACHMENTS: Description Type ❑ Acquisition Contract Backup Material Resolution approving an Acquisition Contract with Lost Island Water Park Inc., to acquire 9,656 square feet of right-of-way and approving a tempomI3X easement on 12,715 square feet for the intersection of Hess Road and East SUBJECT: Shaulis Road for$4,152.45 and up to $1,000 in closing costs, located at 2225 East Shaulis Road, in conjunction with the Shaulis Road Reconstruction Project from Hess Road to Highway 218, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The City of Waterloo is preparing to reconstruct Shaulis Road from Hess Road to Highway 218, which involves the need for approximately 12 Summary Statement: temporary easements, and 3 fee title acquisitions needed to complete the project. This transmittal includes 1 fee title acquisition, and 1 temporary easement. The easement areas will be returned to the state they were in prior to construction. Staff have completed all negotiations. Expenditure Required: $4,152.45 and up to $1,000 in closing costs Source of Funds: Bond funds Policy Issue: Acquisition for street reconstruction Alternative: N/A Page 233 of 319 ACQUISITION CONTRACT Project Parcel No. 2 PROJECT Shaulis Road Reconstruction Hess Rd to Hwy 214 THIS ACQUISITION CONTRACT(the "Contract")is made and entered into as of 2021 by and between Lost Island Water Park Inc. ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See plats and legal descriptions attached as Exhibit "A", City of Waterloo, State of Iowa, which includes any buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements,and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes,including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so,and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $4,152.45. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing,to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies,if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the writfen consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before , as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: Page 234 of 319 6. This Contract shall apply to and bind the legal successors in interest of the Seller,and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa,and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Buyer agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. RESERVED 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price,payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyershall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property,provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to§1033 of the Internal Revenue Code. Page 235 of 319 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities if the Buyer chooses to perform a Phase I. In supplementation of the Phase 1,Seller agrees, no later than one week after the date of approval of the City Council, to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. �*NAME**, * TITLE", Lost Island Water Park Inc. SSN or EIN [Additional Seller name or AHestj SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF County: ss: ckn wled ed before me on .�11-D112J by [as of Seller]. rV7M&4-AmLl . N TU61jc APPROVAL ECOMI D BY: It 0 City Planning Staff (Date) tib+ JMYOUN(SLUT * Commission1i E J Sawa mmy 20,2823 Page 236 of 319 APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY,ss: Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively,of the City of Waterloo, Iowa. Notary Public Page 237 of 319 Prepared by_Aric Schroeder City of Waterloo 715 Mulbeny 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 attaehed Exhibit in conjunction with improvements related to the Shaulis Road Reconstruction Hess Road to Highway 218,Project Parcel 2,together with a right of ingress and egress thereon. **NAME* **TITLE**, Lost Isiah d Water Park Inc. [Additional Seller name or Attest] ate of !� ) County ) ss. JJ knowledged before me on lby�4 [as E%95/1 of Seller]. [Seal] Notary rrubfic "`�+ TIM ANDERA r�� COMMISSION NO.772518 * *I MY COMMISSION EXPIRES ,dyr� APRIL 11,2024 Page 238 of 319 v N 7 N m V INDEX LEGEND `o U GeneraS Bascdpbon: Port of SW 1/4, SCC. 12—MN—RIM, Waterloo � a' Surveyor. David L. Schell ($18775) Surveying Company: Wayne Claossan Engineering do Surveying, Inc. 2705 University Avenue (P.O. Box 898) o Waterloo, Iowa 50704 U (319)235-6294 Survey Requested By: City of Waterloo n tai Proprietor Lost Island Water Park, Inc. P A 4dr- R. 4. W. ACQUISITION PLAT SHEET 1 OF 2 LEGAL DESCRIPTON R.O.W. Acquisition That part of the Southwest Quarter (SW 1/4) of Section Twelve (12), Township Eighty-eight North (T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the intersection of the North right-of-way line of Shaulis Road, Land Deed 539, Page 394 in the Black Hawk County Recordurs Office, with the East right-of-way line of Hess Road, Land Deed 544, Page 849 in sold Recorders Office; thence NOO'23'14'W Ninety-nine and Sixty-one Hundredths (99.61) feet along said East right-of-way line; thence N89'55'44"E Eighteen (18.00) feet; thence S52'30'35'E One Hundredth (100.00) feet; thence S68'09'14"E Sixty-aix and Sixty-five Hundredths (66.65) feel; thence N88'55'44"E Eighty-flys Hundredths (85.00) feet; thence S01'19'05"E Eleven and Thirty-one Hundredths (11.31) feet to aforesaid North right-of-way line; thence S88'S5'44'W Two Hundred Forty--Three and Seventy-seven Hundredths (243.77) feet along said North right-of-way line to the point of beginning containing 9656 square feet. cs m rnrn z 0 NOTES: 1_ The basis of bearings for this Plat of Survey is the South line of the SW 1/4 assigned a Dearing of N68'55'44'E os per Iowa State Pians Coordinate System, North Zone, 2011 adjustment. CERTIFICATION I hereby certiry that this land surveying document was prepared and the related C survay work was Performed by me or under my direct persons] supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Iowa. E Slgnufu Oovid L Schell, P.L.S. Date- , 20 License No 16775 Pages or Sheets Covered by this Seal: 2 737-66 My license renewal date Is Dacembur 31, 2022 FIELD BOOK 769-06 Page 239 of 319 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319--235-0028 R.O.W. ACQUISITION PLAT SHEET 2 OF 2 ®® Part of SW 1/4, Sec. 12—T88N—R13W, Waterloo, Black Hawk County, Iowa Survey for. City of Waterloo 0 100 Proprle#,or. Lost Island Water Park, Inc. W 1/4 CORNER, SURVEY LEGEND: SEC. 12—TB8N—R1JW I INCH — 100 FEET (FOUND IDOT ALUM. CAP) Q DENOTES SECTION CORNER MISC. BOOK 333-020 OOO.00 DENOTES RECORD DIMENSION f (000.00) DENOTES FlELD DIMENSION POC DENOTES POINT OF COMMENCEMENT j POB DENOTES POINT OF BEGINNING ROW AC DENOTES RIGHT—OF'—WAY ACQUISITION c•� Q N O N In Iw 2 m I � v I � C IJ ROW ACQUISITION (9651 Sq. Ft-) I I! � (N66'55'44` � �q w Tg POB ROW AC.��ftS� Na / (SBB55'F4 —243.'777 Land Deed 539-394 - - SHAULIS ROAD — (N6S5W44E-1321.57) — Y SW CORNER SEC. 12—MN—R13W SW CORNER. (FOUND LEAD PLUG) SE 1/4, SW 1/4 DOC. No. 2020-06945 SEC.12-78BN-1313W (FOUND 'X' CUT IN CONC.) DOC. No. 2020-05950 l I 71 m C I p E 737-66 FIELD BOOK 769-06 Page 240 of 319 VI XW 3U UJ ¢? UQ �Q as UO ®� , L! •`` LDz z. 0 W UU wz�W 0 WW w U f r _ Z 6 w 1 I Y.. .w ca mY"0. NU m doi'.- T' W m zzur cn MW m J �°�.. 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Page 242 of 319 CITY OF WATERLOO Council Communication Resolution approving the second Amendment to Development Agreement and Minimum Assessment Agreement with 6 Comm Properties, LLC, originally executed September 8, 2015 and amended July 13, 2020, adjusting completion dates and incentive package, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 7/6/2021 Prepared: 6/29/2021 ATTACHMENTS: Description Type ❑ Amendment 7.13.20 Backup Material ❑ 2015 Agreement Backup Material Resolution approving the second Amendment to Development Agreement and Minimum Assessment Agreement with 6 Comm Properties, LLC, SUBJECT: originally executed September 8, 2015 and amended July 13, 2020, adjusting completion dates and incentive package, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval of request The property in question was acquired for$102,000 (assessed value) in February 2013 and demolished due to its dilapidated state. This project would be in accordance with the redevelopment goals of the Downtown Master Plan for bringing additional residential opportunities to Downtown Waterloo. The project would start construction in the spring of 2022, to allow the developers time to apply for State assistance, as well as final design work. The incentives Summary Statement: approved in the first amendment were to offset the Workforce Housing Tax Credit with the State of Iowa. The State of Iowa is allowing large communities to apply for the tax credit after a 3 year hiatus therefore we are amending the incentive package back to the original 42% approve in 2015. 6 Comm Properties LLC is applying for the Workforce Housing Tax Credit this and will find out if they are awarded the funds this fall. They will need to rebid the project and plan to have a construction start date in the Spring of 2022. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development and Downtown Revitalization Alternative: NA Page 243 of 319 The City of Waterloo has been working to actively gain new multi-story residential developments in and near Downtown Waterloo to bring more residents, visitors, and attractions to Downtown Waterloo. This Development Agreement is structured similar to the Development Agreement that was approved for the former Grand Hotel, in terms of tax incentives, and sale of property. Background Information: The City acquired the site for$102,000(assessed value) and demolished the building upon the site. This project, at$2,500,000--with the tax rebates at 42%, would still pay an estimated $34,000 in taxes the first year. The former building removed from the site, assessed at$102,000 would have been paying about$4,000 per year in taxes. Plus, this project will open up another 30 units in Downtown Waterloo, potential commercial business as well, bringing additional visitors, residents, commerce, and new construction to Downtown Waterloo. Lot No. 70 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, except that part thereof lying Southeasterly of the center line of the party wall erected between Lot Nos. 69 and 70. AND Part of Lot Nos. 31 and 32 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, commencing at the most Westerly corner of Lot No. 31, thence Northeasterly along the Southeasterly right of way line of West Sixth Street a distance of 43. 7 feet; thence Southeasterly to a point on a line that is parallel Legal Descriptions: to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32, which point is 55 feet Northeasterly of the Southwesterly line of Lot No. 32; thence Southeasterly along said parallel line 55 feet to the Southwesterly line of Lot No. 32; thence Northwesterly along the Southwesterly line of Lots 32 and 31 to the point of beginning. AND That part of the vacated alley in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, that lies Northwesterly of the Southwesterly extension of a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32 in said Fractional Block No. 14. Page 244 of 319 PPQ;q6U Doc ID: 009947310004 Type: GEN Recorded: 09/17/2020 at 12:05:33 PM I Fee Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER File202 1-00005 Q 7 Q V ( V �reparer Information: Christopher S Wendland PO Box 596 Waterloo._Iowa 50704. (319)•23.4.5701 - = =City __ .. _ Phone Name Address-_- - -- SPACE ABOVE THIS LINE FOR RECORDER 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 July 13 .2020 by and among Dolly James 2, LLC (the "Company"), Hi Yield, LLC (the "Affiliate"), 6 COMM Properties, LLC (the"Transferee") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company, Affiliate and City are parties to that certain Development Agreement dated September 8, 2015 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" and adjoining land (the "Affiliate Property") described on Exhibit"B"to the DA. Company, Affiliate and City are also parties to that certain Minimum Assessment Agreement (the "MAX) pertaining to the Property and the Affiliate Property, dated as of the same date. The DA and MAA have been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2016-9121. B. The parties desire to include additional land (the "New Property") within the Project area and to otherwise amend the DA and the MAA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Within 60 days after approval of this Amendment by the City Council of the City of Waterloo, Company and Affiliate will deed the Property and the Affiliated Property to Transferee. Effective upon delivery to Transferee of a property executed deed, the DA and the MAA shall be automatically amended to remove Company and Affiliated from the Agreement and to substitute Transferee in place thereof. Thereafter, Company and Affiliate shall have no further duties under the Agreement, and baa) Page 245 of 319 File Number: 2021-00005878 4: 1 Page 2 Transferee shall be solely responsible to discharge all duties of Company and Affiliate thereunder, as well as any additional duties provided for in this Amendment. 2. Exhibit"K of the DA and of the MAA is hereby stricken and the attached Exhibit"A" is substituted in place thereof. The effect of such amendment is to add the New Property to the Property already described in Exhibit"A". The parties agree that all references in the DA and the MAA to the Property shall include the New Property. 3. Following City council approval of this Amendment and of the sale and conveyance of the New Property to Transferee for the sum of$1.00, City will convey the New Property to Transferee on the same terms as are set forth in Section 1 of the DA, reserving an easement in favor of City and the public for use of an existing recreational trail that is located over and upon the New Property and for rights of reasonable access to said trail for purposes of inspection, maintenance, repair, replacement and removal, and further 'reserving an easement for any existing public utilities located in or beneath the vacated',alley. If said recreational trail is damaged by Transferee, its employees, contractors or agents, during the Project, then Transferee agrees that it shall promptly repair such damage. If Transferee fails to do so within 60 days after written demand by City, City may undertake such repair and charge the cost thereof to Transferee, with interest to accrue at the rate of 6% per annum, compounded monthly, on any balance of such cost and expense that is not remitted to City within 30 days after billing. 4. Section 3 of the DA is amended to strike the last sentence of the first paragraph thereof and to substitute the following new sentence in its place: "Company and Affiliate or Transferee must obtain a building permit and begin construction by August 31, 2020 and substantially complete construction within fourteen (14) months thereafter." 5. The DA is hereby amended to strike the first sentence from Section 9 and to substitute the following new sentence in its place: uProvided that Company and Affiliate or Transferee have completed the Improvements as set forth herein and have executed the Minimum Assessment Agreement as set forth in Section 8, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Twenty 75% rebate each year for any taxable value over the January 1, 2019 value of the Property, the Affiliate Property, and the New Property." 6. Section 1 of the MAA is amended to strike "December 31, 2017"therefrom and to substitute "October 31, 2021" in place thereof. 7. Section 2 of the MAA is amended to strike "December 31, 2047"therefrom and to substitute "December 31, 2051" in place thereof. Page 246 of 319 File Number: 2021-00005878 Seq: 2 Page 3 8. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect, including personal guaranties. 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 DOLLY JAMES 2, LLC HI YIELD, LLC By: Q"tn Hof 0 By:'� Quentin M. Hart, Mayor Brent Dahlstrom, Manager Attest: mlem {F&hk ID 6 COMM PROPERTIES, LLC Kelley Felchle, City Clerk Bye Brent Dahlstrom, Manager Page 247 of 319 File Number: 2021-00005878 Seq: 3 PAMN i 6U EXHIBIT"A" Legal Description of Property (including New Property) Lot No. 70 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, except that part thereof lying Southeasterly of the center line of the party wall erected between Lot Nos. 69 and 70. AND Part of Lot Nos. 31 and 32 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, commencing at the most Westerly corner of Lot No. 31, thence Northeasterly along the Southeasterly right of way line of West Sixth Street a distance of 43.7 feet; thence Southeasterly to a point on a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32, which point is 55 feet Northeasterly of the Southwesterly line of Lot No. 32;'thence Southeasterly along said parallel line 55 feet to the Southwesterly line of Lot No. 32; thence Northwesterly along the Southwesterly line of Lots 32 and 31 to the point of beginning. AND That part of the vacated alley in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, that lies Northwesterly of the Southwesterly extension of a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32 in said Fractional Block No. 14. Page 248 of 319 File Number: 2021-00005878 Seq: 4 Page 4 of 17 Illllllllllllllllilllllillllllllllllllllllllllllllllllllllllllllllllllll4l114111 Doc ID: 006907690017 Type: GEN Recorded: 11/13/2015 at 03:39:30 PM Fee Amt: $87.00 Pape 1 of 17 Slack Hawk County Iowa SANDIE L. SMITH RECORDER File2016—.00009121 Preparer Information: Qhristo6er 5.Zndlox 596 Waterloo, Iowa 50704 319 234-5701 Name Address city Phone DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 8 , 2015 by and between Dolly James 2, LLC (the "Company"), Hi Yie d, LLC (the "Affiliate") and the City of Waterloo, Iowa (the "City"). Brent Dahlstrom and James Sulentic are principals of Company and/or Affiliate and execute the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Downtown Urban Renewal and Redevelopment Plan area, generally located on the northeasterly side of the corner of Commercial Street and W. 6" Street, and legally described on Exhibit "A" attached hereto (the "Property"). C. Affiliate owns real estate abutting the Property, legally described on Exhibit "B" attached hereto (the "Affiliate Property"), which the parties intend to be included in the project that is the subject of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real File Number: 2016-00pq�12,04158 Page 2 of 17 property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until (i) Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter, and (ii) City has satisfied the contingency for amendment of the urban renewal plan as set forth in Section 12. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements. Company and Affiliate shall construct on the Property and the Affiliate Property an apartment building consisting of four above-ground floors and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). Each floor will be approximately 12,000 square feet, with 10 units on the upper floors. Said building shall also contain a limited commercial area on the first floor. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property and Affiliate Property and may include underground parking. The site shall be developed as generally depicted on Exhibit "C" attached hereto, and Company shall submit specific building designs and site plans for City review and approval. It is contemplated that, upon completion, the improved property will have a total value of approximately $2,500,000. The Property, the Improvements, and all site preparation and development-related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3, Timeliness of Construction; Possibility of Reverter. The parties agree that the commitment of Company and Affiliate to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Company and Affiliate must obtain a building permit and begin construction by June 30, 2016 and substantially complete construction within twelve (12) months thereafter. If Company has not, in good faith, begun the construction of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property 2 File Number: 2016-00K�RIHPM1�b Page 3 of 17 shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company and Affiliate further agree that they shall, jointly and severally, indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, their 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 Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company and Affiliate shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. The duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge 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 in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Regulatory Approvals. Company and Affiliate acknowledge and agree that the Project will require Company and/or Affiliate to obtain various approvals from 3 File Number: 2016-00K�Rtf*M`139 Page 4 of 17 the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for the proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company and Affiliate agree to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property and Affiliate Property for design issues, landscape design, parking, construction documents, and other matters. 7. Utilities. Company and Affiliate will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company and Affiliate acknowledge and agree that each will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property or Affiliate Property. Company and Affiliate further agree that prior to the date set forth in Section 2 of Exhibit "D" that neither of them will seek or cause a reduction in the taxable valuation for the Property and the Affiliate Property, which shall be fixed for assessment purposes, below the aggregate amount of $2,500,000 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the Affiliate Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company and Affiliate agree to sign said attached Exhibit "D" at the closing. 9. Tax Rebates. Provided that Company and Affiliate have completed the Improvements as set forth herein and have executed the Minimum Assessment Agreement as set forth in Section 8, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Twenty 42% rebate each year for any taxable value over the January 1, 2015 value of $32,400 for the Property (land value only) and $12,600 for the Affiliate Property. Rebates are payable in respect of a given year only to the extent that Company or Affiliate have actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company or Affiliate must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. 4 File Number: 2016-00K�Rtf*MA Page 5 of 17 The taxable value of the Property and the Affiliate Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or Affiliate Property or upon (y) the value of the Property or Affiliate Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 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 Company and Affiliate. Company and Affiliate each hereby represents and warrants for itself as follows: A. It is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. It 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 its own behalf. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be cancelled without further obligation by any party hereto. 5 File Number: 2016-00P%J2* Page 6 of 17 13. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materiality of Company's and Affiliate's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company and Affiliate to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company and Affiliate acknowledge 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. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company or Affiliate, at 2202 College Street, Cedar Falls, Iowa, 50613, Attention: Brent Dahlstrom, with a copy to Eric Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa, 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 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 Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 6 File Number: 2016-00K�RtzP&M f9 Page 7 of 17 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 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. 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. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. 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. 22. 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. 23. 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 DOLLY JAMES 2, LLC HI YIELD, LLC 7 File Number: 2016-00K�R!5§&W179 Page 8 of 17 By= By: nest G, Clark, Mayor Brent Dahlstrom, Manager Attest: Suzy Sch res, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company and/or Affiliate, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company and Affiliate, their successors and assigns, of all promises and covenants on the part of Company or Affiliate to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, for a period of three (3) years after the date of the Agreement. Liability of guarantors hereunder 's joint a sev al. rent Dahlstrom Ines R. Sulentic 8 File Number: 2016-00K�R!56SMI% Page 9 of 17 EXHIBIT "A" Legal Description of Property Lot No. 70 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, except that part thereof lying Southeasterly of the center line of the party wall erected between Lot Nos. 69 and 70. File Number: 2016-00P%12jt�SMA Page 10 of 17 EXHIBIT "B" Legal Description of Affiliate Property Lot 69 and that part of Lot 70 lying Southeasterly of the center line of the party wall erected between lots 69 and 70, all in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. File Number. 2016-0000%�912-4a'e :JA Page 11 of 17 EXHIBIT "C" Aerial Depiction See attached. File Number. 2016-0000%�912§9*rlilq Page 12 of 1 n d r sm ry—ary�iy j .t a' AF z rn Am r b l� �0 G �� 3 r�J- WOO �'Ip—• c c P z P .r fb G Q*C *' n� ba c� x2 =hC3 F 9�0 \301 �N _ � p i � cQ No Mm LA co r x Q° a AW— e s A� a 0 eD "1 16CL a -c n c a Er 3 C y 0r� I m m 01 m rt m m° f° o m m ° 01 CP 3 n r; Q •► v :n a cr ft M - a ,o o to Itc =hrno 3 m g Page 43 of 1 1, who l all, , 1� r s x It 1 1' it 08 v v in LA fp ID ew Page 14 of 17 EXHIBIT "D" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this 8" day of 2-, + S- , by and among the CITY OF WATERLOO, IOWA ("City"), Dolly James 2, LLC ("Company"), Hi Yield, LLC ("Affiliate") and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Company and Affiliate have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" and Exhibit "B" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company and Affiliate will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company and Affiliate 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 $2,500,000 (the "Minimum Actual Value") in the aggregate for both properties until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2017. 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, 2047. Nothing herein shall be deemed to waive the rights of Company or Affiliate under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment File Number. 2016-0000% 9912&e6r-1149 Page 15 of 17 made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company or Affiliate seek or cause the reduction of the aggregate actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, 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 DOLLY JAMES 2, LLC HI YIELD, LLC By. By. E— rnest G. lark, Mayor Brent Dahlstrom, Manager By. Suzy Sc ares, City Clerk STATE OF IOWA ) ) ss' COUNTY OF BLACK HAWK ) On this day of 6, 2.,5 , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City 2 File Number. 2016-0000% 9912&6rlt Page 16 of 17 Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 4fF Uel. NANCY HIGBY coMMIs510N NO.788M J my cO1Y+�lu IOT1 F7 �REs oM STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on AUAjS7- by Brent Dahlstrom as Manager of Dolly James 2, LLC and Hi Yield, LLC. W' �da,to J-1 Notary Public COMMRSSION N0.720108 !MY 4 OIM�11SglOH EXpfRE3 °�� JMIIIAiiY 4S,Z017 3 File Number. 2016-0000%�9126*6r-Jf5g Page 17 of 17 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Million Five Hundred Thousand Dollars ($2,500,000) in the aggregate until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Asst or for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on / - Z3-vQ-0 ,,�— by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. 7 Notary Public *"'"`• DEBORAH L.BOIECKMANN + MY COMMISSION NO. 1N7W MY C S N IRFA File Number. 2016-0000%�912&x`1179 CITY OF WATERLOO Council Communication Resolution supporting the application by 6 Comm Properties, LLC for the Iowa Workforce Housing Tax Incentives Program to construct seventy-six(76)new housing units located near the northeast corner of 6th Street and Commercial Street. City Council Meeting: 7/6/2021 Prepared: 6/29/2021 Resolution supporting the application by 6 Comm Properties. LLC for the SUBJECT: Iowa Workforce Housing Tax Incentives Program to construct seventy-six (76)new housing units located near the northeast corner of 6th Street and Commercial Street. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval of a Resolution supporting the Iowa Workforce Housing Tax Recommended Action: Incentives Program application for 76 new housing units in downtown Waterloo for 6 Comm Properties, LLC As a part of the Workforce Housing Program there needs to be an incentive Summary Statement: match by the local municipality. We have a development agreement with 6 Comm Properties with a rebate schedule of 42% for 20 years. Expenditure Required: Rebates in accordance with the Development Agreement Source of Funds: TIF Policy Issue: Economic Development/Workforce Housing Alternative: N/A The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock • Upper story project • New construction in a community with demonstrated workforce Background Information: housing needs • The developer must build or rehabilitate at least four single-family homes or at least one multi-family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction or$250,000 per unit for historic rehabilitation. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Page 266 of 319 CITY OF WATERLOO Council Communication Resolution supporting the application by Prairie Rapids, LLC, for the Iowa Workforce Housing Tax Credit Program and approving a Development Agreement to construct twenty-four(24)new housing units located near the southeast corner of Kimball Avenue and Ridgeway Avenue. City Council Meeting: 7/6/2021 Prepared: 6/29/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ Site Plan Backup Material ❑ Front& Rear Elevations Backup Material ❑ Side Elevations Backup Material Resolution supporting the application by Prairie Rapids, LLC, for the Iowa SUBJECT: Workforce Housing Tax Credit Program and approving a Development Agreement to construct twen,-four 24) new housing units located near the southeast corner of Kimball Avenue and Ridgeway Avenue. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval of a Resolution supporting the Iowa Workforce Housing Tax Recommended Action: Incentives Program application and approving a Workforce Housing Investment Program(WHIP) funding agreement between the City of Waterloo and Prairie Rapids, LLC. Along with a resolution for support from City Council for the project the applicant also needs to have matching funds from the City in order for the project to qualify for the Workforce Housing Tax Incentives Program. The matching funds can be in the form of tax credits such as the CURA and CLURA that the City of Waterloo currently has to offer. Currently the project does not fall within the boundaries of the CURA and does not qualify under the guidelines for the CLURA, which does not provide an Summary Statement: incentive for multi-family residential. This site is an infill site for the area therefore the City incentive is $5,000 per unit after construction. Prairie Rapids plans to construct two 12-unit residential structures. These units are in addition to the 60 units Prairie Rapids constructed in 2016-2017 just east of this location. Expenditure Required: $120,000 Source of Funds: GO Bonds Page 267 of 319 Policy Issue: Economic Development/Workforce Housing Alternative: N/A The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock • Upper story project • New construction in a community with demonstrated workforce housing needs • The developer must build or rehabilitate at least four single-family homes Background Information: or at least one multi-family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction or$250,000 per unit for historic rehabilitation. • Total program benefits are limited to a maximum of$1 million per recipient. • The housing project must be completed within three years of award. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Parcel"D" of Plat of Survey Doc. #2009-06842, a part of the Northwest Legal Descriptions: Fractional Quarter of Section 3, Township 88 North, Range 13 West of the 5th P.M., Waterloo, Black Hawk County, Iowa. Page 268 of 319 WHIP FUNDING AGREEMENT This WHIP Funding Agreement(the "Agreement") is entered into as of , by and between the City of Waterloo, Iowa("City") and Prairie Rapids LLC ("Developer"). RECITALS A. Developer is seeking financial assistance to undertake a housing project in the City of Waterloo, for which Developer is applying to the State of Iowa for tax credits and/or other available incentives under the Workforce Housing Tax Incentives Program, Iowa Code §§ 15.351 et seq. (the"State Program"). B. City has adopted the Workforce Housing Investment Program("WHIP") as a local program to operate in concert with and in support of the State Program, and Developer desires to obtain available financial assistance under WHIP. C. By this Agreement, City and Developer desire to set forth the terms on which City will disburse funds to Developer for its Project(defined below). AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein and for other consideration,the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The Project. The project that Developer proposes to undertake in connection with this Agreement is described as set forth on Exhibit"A"attached hereto (the "Project"). By its signature below, Developer certifies that the Project description is true and correct and that each document provided to City in connection with this Agreement will be true and correct,without material misstatement or omission of material facts. Developer agrees to timely obtain all permits required by applicable law or ordinance for the Project or any part thereof and, in making the Project improvements, to comply with all applicable laws,regulations, codes or ordinances. 2. Disbursement Requirements. Provided that Developer satisfies all requirements of WHIP, City will disburse funds to Developer in the amount(s)AND at the time(s) set forth in the WHIP policy document in effect as of the date hereof. Developer agrees to provide all documentation requested by City to show Developer's eligibility for WHIP funding. Determination of Developer's eligibility for WHIP funding is an essential condition to the disbursement of any funds under this Agreement. 3. Indemni . Developer agrees to indemnify and hold harmless City, its employees, elected officials, contractors, and agents, from and against any and all claims, demands, causes of action, losses, damages, suits, countersuits, and liability whatsoever, including but not limited to attorneys' fees, arising from or in anyway relating to this Agreement or the Project. 4. No Partnership or Joint Venture. Nothing in this Agreement shall be interpreted as creating a partnership or joint venture between Developer and City relative to the Project. Page 269 of 319 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. All exhibits hereto, if any, are hereby incorporated into and made a part of this Agreement. This Agreement may be amended only in a written instrument signed by both parties. 6. Severability. In the event any provision of this Agreement is held invalid, illegal, or unenforceable,whether in whole or in part,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 limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 7. Binding Effect.ffect. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective personal representatives, successors, and assigns. 8. Headings and Captions. The title or captions of paragraphs in this Agreement are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting or applying this Agreement, and such titles or captions do not define, limit, extend, explain, or describe the scope or extent of this Agreement or any of its terms or conditions. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties have executed this WHIP Funding Agreement by their duly authorized representatives as of the date first written above. DEVELOPER: Prairie Rapids LLC By: Darryl High Title: CITY: CITY OF WATERLOO, IOWA By: Mayor Attest: City Clerk Page 270 of 319 EXHIBIT "A" Description of WHIP Proiect Developer name and address: Prairie Rapids LLC 1100 Old Marion Road NE Cedar Rapids, Iowa 52402 Project location: Southern Portion of Parcel#8813-03-151-003 between Kimball and Edgemont Avenues. Project description(include number of buildings, number of units in each building, and nature of improvements proposed): Prairie Rapids Square is a 60-unit rental housing project that will be located in Waterloo with the purpose of providing much needed workforce housing as well as helping to aid area recovery from the floods of June 2008. It will consist of five three-story 12-plex buildings. The units will be 949 SF each and will consist of two bedrooms and one bathroom. Each unit will have a washer& dryer in the unit, a patio/deck and a one stall detached garage. The project aims for high standards of sustainability in multifamily residential construction. The Prairie Rapids Square site was selected after an extensive search for properties in Johnson, Linn, and Blackhawk Counties. The project is the definition of infill development. The parking lot that currently occupies the site has been out of use since the 1980s. This project will transform a dilapidated parking lot in the heart of Waterloo that is already surrounded with infrastructure, amenities and services into a sustainable, walkable, workforce housing community. As construction kicks off, the paving will be removed, the land will be graded, and construction of the five buildings will be completed in stages. Please see attached site plan for layout of the development and elevations for a visual of the completed buildings. Stone veneer and trim, large windows, and a varied roofline will lend aesthetic appeal to the buildings. Their location in a walkable neighborhood with multiple amenities is expected to increase their marketability to potential tenants. Page 271 of 319 SITE PLAN \-940— �� m �� Exist.Intake a' ` _® — et F� wca V of Ge oo o Qac(`n9Q`rg / a Q .. l '938 / ' o ' Qc,G 1'`�ro To Kimball Ave a �� / I g " 5 Exist. Exist. Exist. Exist. Exist. MOLOTM mow " " xE —936— _ Intake Intake Intake Intake\ Intake Site Location a m' ❑ ❑ \ ❑ f — e _ —� =----- ---- e - _ ,, Q f 416'± Exist.Fire Hyd14 I LLQ ao ao 9 ' \ / as a 36 936 10-Garages 10-Garages � o �6 Stalls a w ff N / 1Q wswv uwvex oxo �bn 28.0' A 31.0' alp� — — � � � Building Building 28 0' No.i O No. Uni — LOCATION MAP LL1 f �2 Units 936 12 Units > a i (Not to Scale) \ m / 12 Stalls I 12 Stalls o J \ / / �b'2 es`de�ce Q �� \ —932' oN — I MU\t`p\eP CD o Pte. O S5 855 855��8g5 —� 855 �12 Stalls T12alls 12 Stalls w w Exist.lntake 6w 6 I ~ Exist.Intake o ® Exist. 30 Exist.Intake Exist.Intake \ _ +I Intake Exist.Intake 28 0' 932 co \ Loz L Existing Zoning:S-1-Shopping Center 934— g�°� �� ® moist Building Budding 9 Building �6 S,� I Intake' N0.3 No 4 3 No.5 � I _ 12 Units ` o Proposed Total Area=231,760 Sq.Ft.(5.32 Ac.) 12 Units> 12 Units�, r \ Proposed Total Hard Surface(Buildings,Drives&Parking)=93,620 Sq.Ft.(2.15 Ac.):40.4% 2 \ Proposed Total Green Space=138,140 Sq.Ft.(3.17 Ac.):59.6% c I z / \\,9 Proposed Parking=2/per unit:2 x 60=120 stalls,including 10 Handi-Cap accessible stalls plus an additional 33\ 10%Parking Stalls. i 1 I i / Existing&Proposedg?0— nd —0 6 Stalls \ F Total=132 Stalls(60 Garages and 72 surface parking) rn ® °� 932 General Legal Description: — 10-Garages 10-Garages f — - Part of an Existing Unplatted parcel recorded 1/31/1979,LD 537342 in the Black Hawk County Recorder's office, Protect&Save located South of Ridgeway Ave and East of Kimball Ave in Section 3,Township 88 North,Range 13 West of the T 1 ° — 5th P.M.,City of Waterloo,Black Hawk County,Iowa. Existing Trees X030-_ / y (Typical) / m Exist.Fire Hyd Containing approximately 5.32 Acres,legal description,dimensions and area to be determined by survey. Owner: — — _ o 9 .$- a� e SCHOITZ MEMORIAL HOSPITAL — Connect to Existing \ 922 -- 2101 KIMBALL AVE IA — _Sanitary Sewer Manhole I _ - __ 0 8 WATERLOO, 50702 \ 7 918. – 416'+ Prepared by: Gary Casady N o °nm9 0�4� b 1355 Robins Rd. 20 \ \ � \ � � �2Z � ( � \ / 92g\ \ Hiawatha,IA 52233 6? —9?, V \_ Ph.(319)213-2532 50' 0' 50' 100' Contours courtesy of Iowa Department of Natural Resources LiDAR project. Note:Fire Hydrants shall be placed in accordance with City Fire Department review. Aerial photography obtained from Black Hawk County GIS Department. SCALE:1"=100' Revision Description: Date: Drawn by: glc SITE PLAN Clasady tngineerinc>, LLC Approved by: PRAIRIE RAPIDS SQUARE civil engineering - land surveying Plot Date: July 18,2014 File:F:\Proposals\High-Waterloo-IDEA-Rnd-6\Layout_3_Site_Plan.dwg Project No.2014.016 0, IOWA 1355 Robins Road - Hiawatha, IA 52233 - Phone: (319) 213-2532 SHEET 1 of 1 SAFETY ANCHOR POINTRIDGE VENT (TYP.) (VERIFY W/ CONTRACTOR) 12 - 12 AHMANN 6� ROOF MIDPOINT ASPHALT SHINGLES — -ASPHALT SHINGLES �6 DESIGN INC. - - - - - - - - - 4:12 PITCH 4:12 PITCH 12 - 12 - 12 (319) 395-7900 SOFFIT HGT, - SOFFIT HGT, TOP OF PLATE HORIZONTAL — - HORIZONTAL TOP OF PLATE _ VINYL SIDINGLi Li - - VINYL SIDING - - - - - O 0 0 NLa Wow wR VINYL TRIM VINYL TRIM VINYL TRIM z QF O LL w N a �7d) � w TOP- OF WINDOW TOP OF WINDOW's �Q f x VINYL FRIEZE VINYL FRIEZE - w w w NNS HORIZONTAL- NNP O VINYL SHUTTERS HORIZONTALE w 0 cp R z N VINYL SIDING_ VINYL SHUTTERS ua 1)ua w 0 z _ rr� z � Ar0-1< V VINYL SIDING � � w ° Z ~ oN� apm� o p cALAI= zF pc� lu`) z VINYL SILL VINYL SILL _ �L _ VINYL SILL THIRD FLOOR TI T VINYL SHAKE SIDINGr T� -THIRD FLOOR zw WOOD DECK WOOD DECK z w z z w TOP OF PLATE - -VINYL BAND HORIZONTAL HORIZONTAL VINYL BAND TOP OF PLATE - - • Q W = o VINYL TRIM VINYL SIDING STONE TRIM VINYL SIDING cp= � N� LLwJO VINYL TRIM z � =�oNod} At 0 ��00 ~ Out ,n TOP OF WINDOW TOP OF WINDOW w zo x m NR MP BUILDING CODE REVIEW: o N Q 0 000w �w . VINYL SHUTTERS - O VINYL SHUTTERS 2009 IBC u z u u N TOTAL BUILDING SIZE: ----------------------------- 4610 SQ. FT, x 3 STORIES = 13,830 SQ, FT, Z u , V as LL p = CONSTRUCTION TYPE: ---------------------------- TYPE V-B pzZpNzmQ`� VINYL SILL = zk) uz •.q =i SECOND FLOOR STONE SILL VINYL SILL a u a a m SECOND FLOOR LOCATION ON PROPERTY:------------------------- REFER TO SITE PLANS AS PROVIDED BY CIVIL ENGINEERS. F p } p } a HORIZONTAL VINYL SIDING HORIZONTAL VINYL SIDING - - - - - = z LL = a 0 z i a aaoa � aa � p WOOD DECK WOOD DECK STONE VENEER OCCUPANCY CLASSIFICATION (CHAPTER 3):----------- GROUP R-2 TOP OF PLATE TOP OF PLATE OCCUPANT LOAD (Table 1004.1.2):-------------------- RESIDENTIAL: 200 GROSS / OCCUPANTS = 24 PER FLOOR STONE TRIM STONE TRIM STONE TRIM r ALLOWABLE AREA 4 HGT. (Table 503)---------------- GROUP R-2 SPRINKLED (NFPAI3R) - 3 STORY 1`1AXIMUI`1 TOP OF WINDOW z TO_ P OF WINDOW 60'-0" HEIGHT 1`1AX./ -1,000 SQ. FT, MAX AREA PER FLOOR -- AREA SEPERATION (Table 302.3.2):------------------- N/A EXIT TRAVEL DISTANCE (Table 1015,1):----------------- GROUP R-2 250 FEET MAX IN SPRINKLED BLDG / ACTUAL DISTANCE: 35'-0" STONE TONE O VENEER VENEER EXITS PROVIDED: ------------------------------ (2) PROVIDED �7 SPRINKLER SYSTEM REQ'D (CHAPTER g):------------- SPRINKLER SYSTEM IS REQ'D (NFPAI3R) MAIN FLOOR STONE SILL STONE SILL MAIN FLOOR — - - - - - EMERGENCY 4 EXIT LIGHTING (Table 1006,1):----------- REQ'D AS PER SECTION / SEE PLAN FOR PLACEMENT 24" STONE VENEER PREI'115E524" STONE VENEER KNOX-BOX FIRE EXTINGUISHERS (SECTION e06): ----------------- REQ'D AS PER SECTION 4 INTERNATIONAL FIRE CODE / SEE PLANS FRONT ELEVATION CRAPPED SUPPORT IDENTIFICATION WRAPPED SUPPORT GOLUI"IN FINAL LOCATION TO VERIFY LOCATION BE APPROVED BY AHJ COLUMN W/ CITY OF CEDAR FALLS HANDICAP ACCESSIBLE REQUIRMENTS (CHAPTER IU: -- GROUP R-2 / (4) "TYPE B' REQ'D / (4) PROVIDED MAIN FLOOR SCALE: 1/4 V-011 INTERIOR FINISHES (Table 803.5):-------------------- GROUP R-2 / CLASS "C" SMOKE 4 FLAME SPREAD SAFETY ANCHOR POINT RIDGE VENT (TYP.) (VERIFY W/ CONTRACTOR) MATERIALS NOTES: I. IT IS THE OWNER OR CONTRACTORS RESPONSIBILITY TO TAKE THE NECESSARY PRECAUTIONS TO PREVENT AGAINST THE BUILD-UP OF MOISTURE OR MOLD, 2. CONSTRUCTION MATERIALS REFERENCED HEREIN ARE -FOR SCHEMATIC PURPOSES ONLY AND MAY NOT 12 12 COMPLY WITH YOUR LOCAL ZONING OR SAFETY (0 _ �6 REGULATIONS. OWNER OR CONTRACTOR SHALL BE ASPHALT SHINGLES -ASPHALT SHINGLES RESPONSIBLE FOR THE FINAL CHOICE AND SELECTION ROOF 11IDPOINT OF ALL CONSTRUCTION MATERIALS. - - - - - - _ - _ - 4:12 PITCH 4:12 PITCH FLASHING TO BE INSTALLED: I. AT WALL AND ROOF INTERSECTIONS 2. WHEREVER THERE'S A CHANGE IN ROOF 12 12 - 12 SLOPE OR DIRECTION, 6 3. AROUND ROOF OPENINGS - - - - 4. AT TRIMS, BANDING, MATERIAL CHANGES, ETC. SOFFIT HGT. _ - SOFFIT HGT, ICE PROTECTION: _ _ _ _ HORIZONTAL — - - HORIZONTAL TOP OFPLATE - TOP O_F PLATE _ _ I. 2 LAYERS OF UNDERLAYMENT CEMENTED VINYL SIDING - VINYL SIDING TOGETHER OR OF A SELF-ADHERING POLYMER VINYL TRIM VINYL TRIM VINYL TRIM MODIFIED BITUMEN SHEET EXTENDED FROM THE EAVES EDGE TO A POINT AT LEAST 24" INSIDE - I I I THE EXTERIOR WALL LINE OF THE BUILDING. TOP OF WINDOW T TOP OF WINDOW ROOF DRAINAGE: VINYL FRIEZE VINYL FRIEZE I. COLLECT AND DISCHARGE ALL ROOF L DRAINAGE TO THE GROUND SURFACE AT �R HORIZONTAL mR LEAST 5 FEET FROM FOUNDATION WALLS VINYL SHUTTERS HORIZONTAL VINYL SIDING VINYL SHUTTERS � OR TO AN APPROVED DRAINAGE SYSTEM. - ROOF DESIGN: VINYL SIDING O 1, VERIFY HEEL HGTS, ON TRUSSES. ALL L HEEL HGTS. MAY NOT BE THE SAME. 2. WALL HGTS. 9 RAFTERED AREAS MAY NEED - TO BE ADJUSTED UP OR DOWN TO MATCH VINYLSILL HEELS * TRUSSED AREAS SO FASCIA LINES THIRDVINYL SILL VINYL SILL FLOOR I I VINYL SHAKE SIDING THIRD FLOOR MATCH UP. VERIFY HGTS. W/ TRUSS MFR. - - - - - - - - - ROOF VENTILATION: WOOD DECK WOOD DECK I. PROVIDE RIDGE VENTS AND SOFFIT TOP OF PLATE VINYL BAND_ VINYL BAND TOP OF PLATE VENTS AS REQ'D BY CODE. - - - - - - HORIZONTAL HORIZONTAL - - - - - VINYL TRIM=i VINYL SIDING STONE TRIM VINYL SIDING VINYL TRIM At TOP OF WINDOW TOP OF WINDOW v4 - m VINYL SHUTTERS � VINYL SHUTTERS O Ll VINYL SILL _ VINYL SILL RAWN BY: KB SECOND FLOOR STONE SILL SECOND FLOOR NECKED BY: S.I. HORIZONTAL VINYL SIDING HORIZONTAL VINYL SIDING - - - - - WOOD DECK I I I WOOD DECK - TONE VENEER NAL RELEASE: 6-25-14 TOP OF PLATE I I TOP OF PLATE - - STONE TRIM -BRICK VENEER STONE TRIM BRICK VENEER STONE TRIM REVISIONS: TOP OF WINDOW TOP OF WINDOW i STONE TONE 6' O VENEER ENEER� O 6' JOB NO, 15613-16C MAIN FLOOR STONE SILL STONE SILL MAIN FLOOR 24" STONE VENEER 24" STONE VENEER ELEVATION WRAPPED SUPPORT WRAPPED SUPPORT FREAR GOLU1rIN GOLU1rIN SCALE- 1/4"= V-O" IN THE EVENT OF ANY DISCREPANCIES BETWEEN PLANS, ELEVATIONS, ANA/OR DETAILS. THE CONTRACTOR / SUB-CONTRACTOR SHALL CONTACT AHMANN DESIGN, INC.V (319) 395-1900 BEFORE CONSTRUCTION FOR CLARIFICATION. IF AHMANN DESIGN IS NOT CONTACTED, THE CONTRACTOR/ SUB-CONTRACTOR WILL ASSUME FULL RESPONSIBILITY. © COFYRIGHT 2013 A�4IANN X40ME FLANS INC. PROTECTED UNDER ARCI4'TECTLIRAL WORKS GCPYRIrSI4T PROTECTION ACT OF 1990 Page 273 of 319 SAFETY ANCHOR POINT (VERIFY UJ/ CONTRACTOR) 4 12 - 2 4 AHMANN DESIGN INC. RIDGE VENT (TYP.) RIDGE VENT ITYP.) ROOF 1'11DPOINT - ASPHALT SHINGLES 6:12 PITCH- - - (319) 395-7900 j a 3 ASPHALT SHINGLES - -ASPHALT SHINGLES a-311 0- SOFF7 HST. 6:12 PITCH - - - SOFFIT HGT. 6:12 PITCH TOP OF PLATE - - - - TOP OF PLATE N w a u - - - - - - - - Wz � ~- - 0 K z4, T0 00 �'icpg7 � w zNw `n w Z Z TOP OF WINDOW TOP OF WINDOW w 4 m i w a y VINYL FRIEZE VINYL FRIEZE U 0 W w w O = HORIZONTAL VINYL SIDING HORIZONTAL VINYL SIDING _ Poo q a w r 1 x'00 - HORIZONTAL VINYL SIDING LL o w o z O _ O gWo >r � pN� 40-3: —STONE CAP — STONE CAP �9 �9 Z � AF �ii �•/ g Q m 0 Q VINYL SHUTTERS VINYL SILL- THIRD FLOOR — THIRD_FLOOR o o o 0 4 WOOD DECK WOOD DECK TQ F N d�w w TOP OF PLATE TOP OF PLATE T-10 o v = a w w ~ �1 µ gORi - - - - - - _VINYL BAND _ ZNwzo � oQ � TOP OF WINDOW TOP OF WINDOW q z o Z o N Iffwz ~ zr �m IJ-I m 6- 3: (0o � t000.4u-w �R N� � � i" wzuaRw - HORIZONTAL VINYL SIDING HORIZONTAL VINYL SIDING 6 z z u HORIZONTAL VINYL SIDING ' INYL HORZONDTN�U4=E ° a } pQ W t: OzZQwZmpd) 0 0 _ Z VINYL SHUTTERS VINYL SILL — d o Q q ~ J m SECOND FLOOR — SECOND FLOOR i w i o z - - - - - - - - WOOD DECK WOOD DECK TOP OF PLATE TOP OF PLATE TOP OF WINDOW 4� VINYL BAND — VINYL BAND TOP OF WINDOW PT _ HORIZONTAL VINYL SIDING HORIZONTAL VINYL SIDING ' O STONE VENEER STONE VENEER ��j Ljj _\s I) L_� U 49 VINYL SHUTTERS ---VINYL SILL MAIN FLOOR - MAIN FLOOR PT W L I PT 24'' STONE VENEER 4'' STONE VENEER WRAPPED SUPPORT WRAPPED SUPPORT COLUMN COLUMN LEFT ELEVATN�O SCALE: 1/4"= 1'-0" MATERIALS NOTES: I. IT IS THE OWNER OR CONTRACTORS RESPONSIBILITY TO TAKE THE NECESSARY PRECAUTIONS TO PREVENT AGAINST THE BUILD-UP OF MOISTURE OR MOLD, 2. CONSTRUCTION MATERIALS REFERENCED HEREIN ARE FOR SCHEMATIC PURPOSES ONLY AND MAY NOT COMPLY WITH YOUR LOCAL ZONING OR SAFETY REGULATIONS. OWNER OR CONTRACTOR SHALL BE RESPONSIBLE FOR THE FINAL CHOICE AND SELECTION OF ALL CONSTRUCTION MATERIALS. FLASHING TO BE INSTALLED: I. AT WALL AND ROOF INTERSECTIONS 2. WHEREVER THERE'S A CHANGE IN ROOF SLOPE OR DIRECTION, 3, AROUND ROOF OPENINGS ICE PROTECTION: SAFETY ANCHOR POINT I. 2 LAYERS OF UNDERLAYMENT CEMENTED (VERIFY W/ CONTRACTOR) TOGETHER OR OF A SELF-ADHERING POLYMER MODIFIED BITUMEN SHEET EXTENDED FROM THE EAVES EDGE TO A POINT AT LEAST 24" INSIDE THE EXTERIOR WALL LINE OF THE BUILDING. ROOF DRAINAGE: 12 - 12 I. COLLECT AND DISCHARGE ALL ROOF 4 _ 4 DRAINAGE TO THE GROUND SURFACE AT LEAST 5 FEET FROM FOUNDATION WALLS OR TO AN APPROVED DRAINAGE SYSTEM. ROOF MIDPOINT RIDGE VENT (TYP.) _ _ _ _ RIDGE VENT (TVP.) ROOF DESIGN: _ _ ASPHALT SHINGLES I. VERIFY HEEL HGTS. ON TRUSSES. ALL -6:12 PITCH HEEL HGTS. MAY NOT BE THE SAME. 2. WALL HGTS. 0 RAFTERED AREAS MAY NEED TO BE ADJUSTED UP OR DOWN TO MATCH HEELS 0 TRUSSED AREAS SO FASCIA LINES - 8-3 - —ASPHALT SHINGLES- -ASPHALT SHINGLES— - - 8-3 o_ MATCH UP. VERIFY HGTS. W/ TRUSS MFR, SOFFIT HGT. SOFFIT HGT. —6:12 PITCH.— _ _ - - _ — __ _6:12 PITCH _ — ROOF VENTILATION: TOP OF PLATE TOP OF PLATE I. PROVIDE RIDGE VENTS AND SOFFIT - VENTS AS RE&D BY CODE. TOP OF WINDOW - TOP OF WINDOW VINYL FRIEZE VINYL FRIEZE 0 HORIZONTAL VINYL SIDING _HORIZONTAL VINYL SIDING 0, O - HORIZONTAL VINYL SIDING O �, STONE CAP — STONE GAP Li VINYL SILL-01 ILL VINYL SHUTTERS THIRD FLOOR — THIRD FLOOR WOOD DECK WOOD DECK TOP OF PLATE — VINYL BAND TOP OF PLATE — TOP_ OF WINDOW — TOP OF WINDOW m NR `v HORIZONTAL VINYL SIDING HORIZONTAL VINYL SIDING `v � HORIZONTAL — HORIZONTAL VINYL SIDING — - VINYL SIDING- -_ VINYL 5ILL=71 VINYL SHUTTERS DRAWN BY: KB SECOND FLOOR SECOND FLOOR - - - - - — - - - - - - CHECKED BY: S.I. _ WOOD DECK WOOD DECK FINAL RELEASE: 6-28-14 TOP OF PLATE TOP OF PLATE REVISIONS: TOP OF WINDOW VINYL BAND VINYL BAND TOP OF WINDOW _ HORIZONTAL VINYL SIDING HORIZONTAL VINYL SIDING ' STONE VENEER STONE VENEER JOB NO. 15613-16C O VINYL SILL VINYL SHUTTERS MAIN FLOOR MAIN FLOOR OLJ I L Tq 24" STONE VENEER 24'' STONE VENEER WRAPPED SUPPORT WRAPPED SUPPORT COLUMN COLUMN RICHT ELEVATION IN THE EVENT OF ANY DISCREPANCIES BETWEEN PLANS, ELEVATIONS, AND/OR DETAILS. THE CONTRACTOR / SUB-CONTRACTOR SHALL CONTACT SCALE: 1/4"= l'-O" AHMANN DESIGN, INC.0 (319) 311) BEFORE CONSTRUCTION FOR CLARIFICATION. IF AHMANN DESIGN IS NOT CONTACTED, THE CONTRACTOR/ SUB-CONTRACTOR WILL ASSUME FULL RESPONSIBILITY. © COPYRIGHT 2013 AHMANN HOME PLANS INC. PROTECTED UNDER ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF III Page 274 of 319 CITY OF WATERLOO Council Communication Resolution approving a Post Bid General Contractor Quality Assurance Questionnaire Policy For Vertical Infrastructure Projects. City Council Meeting: 7/6/2021 Prepared: 7/1/2021 ATTACHMENTS: Description Type ❑ Post Bid Questionnaire Backup Material SUBJECT: Resolution approving a Post Bid General Contractor Quality Assurance Questionnaire Policy For Vertical Infrastructure Projects. Submitted by: Submitted By: Jerome Amos, Ward 4 Council Member Recommended Action: Approve resolution. Page 275 of 319 Resolution No. 2021- With Attachments RESOLUTION APPROVING A POST BID GENERAL CONTRACTOR QUALITY ASSURANCE QUESTIONNAIRE POLICY FOR VERTICAL INFRASTRUCTURE PROJECTS WHEREAS, Iowa Code §26.9 requires contracts for public improvements be awarded to the "lowest responsive, responsible bidder"; and WHEREAS, Iowa Law recognizes that a governmental entity may obtain information from the lowest responsive bidder to determine bidder's responsibility relating to the bidder's experience, number of employees, and ability to finance the cost of the public improvement; and WHEREAS, The City Council recognizes that Vertical Infrastructure Projects are designed for human occupancy and construction of these projects can be complex and difficult, desires to establish a policy requiring submission of a General Contractor Quality Assurance Questionnaire to the apparent lowest bidder on Vertical Infrastructure Projects; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following is hereby approved and adopted as the City's policy on Post Bid General Contractor Quality Assurance Questionnaires: City of Waterloo Post Bid General Contractor Quality Assurance Questionnaire Policy This policy requires submission of the General Contractor Quality Assurance Questionnaire by the apparent lowest bidder on Vertical Infrastructure Projects. The fully completed Questionnaire shall be submitted to the City Clerk's Office within fourteen (14) calendar days of notification to a contractor that they are the apparent lowest bidder. Contractors who do not complete the attached Questionnaire may be deemed non-responsive or non-responsible. The Questionnaire will be evaluated by the Post Bid Committee consisting of the City Engineer, Community Development Director, Building Official and the project department head. "Vertical Infrastructure Project" for purposes of this Policy is defined as construction, addition, or major alteration of a facility that has or will require a certificate of occupancy that: 1. Is to be bid and constructed by the City of Waterloo, and 2. Has an estimated construction cost in excess of$250,000.00, and 3. Is funded without federal, state or other funding that would prohibit or limit use of the Questionnaire. This resolution also adopts Appendix A, which is incorporated herein and by this reference made a part hereof, which shall be made a part of the Quality Assurance Sections of the Bid Page 276 of 319 Specifications. CITY OF WATERLOO POST-BID INFORMATION GENERAL CONTRACTOR QUALITY ASSURANCE QUESTIONNAIRE Iowa Code § 26.9 requires that contracts for public improvements be awarded to the "lowest responsive, responsible bidder," and also recognizes that a governmental entity may obtain information from the lowest responsive bidder to determine bidder's responsibility relating to the bidder's experience, number of employees, and ability to finance the cost of the public improvement, and in accordance with Iowa law allowing public entities to consider factors other than price in determining who is the lowest responsible bidder; the City of Waterloo does hereby provide the following Questionnaire to the bidder to whom award of a Contract is under consideration ("Contractor") submitting bids for work on the ("Project"). The fully completed questionnaire, with attachments, shall be submitted to the City Clerk's Office within fourteen (14) calendar days of notification to the apparent lowest bidder. Contractors who do not complete the following Questionnaire may be deemed to be non-responsive or non-responsible. 1. Full name of Contractor: Address: Telephone: Fax: Email: 2. All other names under which Contractor has operated in the past five (5) years: 3. Provide Contractors' Registration Number and full names of Registration Holders as per Iowa Construction Contractor Registration requirements: Page 277 of 319 4. Has Registration ever been suspended or revoked in any jurisdiction? Yes No If"yes", provide information regarding suspension/revocation and attach all relevant documents. 5. Within the past three (3) years, has Contractor been debarred by any federal, state or local government entity from bidding on projects? Yes No If"yes", provide information related to debarment. 6. On a separate sheet, list construction projects in value in excess of$1 million dollars that Contractor has in progress, giving the name of the project, owner, architect, contract amount, key Contractor personnel,percent complete and scheduled completion date. 7. On a separate sheet, list the major projects Contractor has completed in the past three (3) years, giving the name of the project, owner, architect, contract amount, Officer in Charge, Project Manager, Project Superintendent and any other key Contractor personnel, date of completion and percentage of the total project performed by your own employees. 8. On a separate sheet, identify the individuals Contractor intends to be the Officer in Charge, Project Manager, Project Superintendent and any other key personnel on this project. Include a resume and/or recent work history for each identified individual. 9. On a separate sheet, list the Contractors last five (5) completed projects, and for each, the scheduled completion date and the final inspection date, noting any owner approved extensions. 10. Within the past three (3) years has the Contractor defaulted on a contract, or been disqualified, removed or otherwise prevented from bidding on or completing any project. Yes No If"yes", provide the year of the incident, name, address and telephone number of the owner of the project,project name and location. Page 278 of 319 11. Has Contractor ever been unable to obtain a bond or been denied a bond? Yes No If"yes", please provide all relevant details. 12. Has Contractor ever declared bankruptcy or been in receivership? Yes No If"yes", please provide all relevant details. 13. Is Contractor currently being investigated for or previously been found to have violated, in the past five (5) years, any of the following state or federal laws: Iowa Minimum Wage Act; Iowa Non-English Speaking Employees Act; Iowa Child Labor Act; Iowa Labor Commissioner's Right to Inspect Premises, Iowa Compensation Insurance Act; Employment Security Act; Iowa Competition Act; Iowa Income, Corporate and Sales Tax Codes; a"willful"violation of the Iowa or Federal Occupational Safety and Health Act; Iowa Employee Registration Requirements; Iowa Hazardous Chemical Risks Act; Iowa Wage Security Act; the Fair Labor Standards Act. Yes No If"yes", please explain: 14. Has Contractor ever failed to complete any work awarded to it? Yes No If"yes"provide all relevant details.: Page 279 of 319 15. Are there any judgments, arbitration proceedings or suits pending or outstanding against Contractor or its officers that relate to, arise out of or in course of the Contractor's business? Yes No If"yes"provide all relevant details.: 16. Has Contractor filed any lawsuit or demanded arbitration with regard to any construction contract within the past five (5)years? Yes No If"yes, provide all relevant details. 17. Has Contractor been found by a court or agency of competent jurisdiction to be delinquent in meeting its obligations under local, state or federal tax laws within the last five (5) years? ("delinquent" shall include, but is not limited to, failure to file, failure to pay or imposition of tax liens) Yes No 18. Contractor affirms that it will retain only subcontractors who can fully comply with the bid specifications, including those that address requirements concerning labor. Yes No 19. Contractor affirms that it will be responsible for ensuring that each subcontractor meets quality assurance specifications. Yes No Page 280 of 319 20. Contractor agrees to submit to the City Clerk's Office a list of all intended subcontractors within fourteen (14) calendar days of notification to the apparent lowest bidder. (In the event Contractor wishes to replace any originally-designated subcontractor, such may only occur with the approval of the City of Waterloo. Such approval will not be unreasonably withheld) Yes No 21. Contractor attests that it will comply with each of the following: Iowa's Minimum Wage Law Yes No Maintain workers' compensation insurance or be qualified as a self-insurer and provide proof of insurance or ability to self-insure upon request. Yes No Yes No 22. Contractor will make available to City or City's representative, upon City's request, documentation to satisfy the City, in City's sole discretion, that the Contractor's workers utilized on this project are actual employees, with employment and workers' compensation coverage, not "leased employees' or independent contractors. Yes No 23. That Contractor will provide with this Questionnaire, the name, address, phone number and name of contact for three (3) entities who will provide references. Page 281 of 319 Yes No 24. Contractor will only utilize on-site employees who have completed the Occupational Safety and Health Act(OSHA) 10-hour Construction Industry Training Program. Yes No 25. Has the Contractor complied with the City of Waterloo Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Contract Compliance Program? Yes No 26. Does the Contractor's bid include the utilization of Minority Business Enterprise (MBE) and/or Women Business Enterprise (WBE) subcontractors? Yes No Provide Contractor's Federal Identification Number: Provide Name and Address of Contractor's Registered Agent: Page 282 of 319 (Please continue to signature page) I hereby certify, that (1) all of the information provided by me in this Questionnaire is true and correct to the best of my knowledge; (2) I am authorized to sign this Questionnaire on behalf of the Contractor whose name appears in Question#1; (3) if any of the information I have provided herein becomes inaccurate prior to execution of any Project Contract, I will immediately provide City Clerk's Office with updated accurate information in writing; and (4) I hereby authorize any person or entity named herein to provide City of Waterloo Engineering Department with whatever information might be required to verify this Questionnaire. THIS STATEMENT MUST BE NOTARIZED NAME OF CONTRACTOR: By: (Signature) (Date) Print Name: Title : STATE OF IOWA, COUNTY OF: , ss: Subscribed and sworn to before me by the said On this day of , 202_ Notary Public in and for the State of Iowa My Comm. Expires: Page 283 of 319 APPENDIX A The following requirements are intended to be included in the Quality Assurance Sections of the Bid Specifications which the General Contractor will, along with all other quality assurance requirements, be required to manage: FOR ALL SUBCONTRACTORS Subcontractor must not be under current investigation for or previously have been found to have violated in the last five (5)years any of the following state or federal laws: Iowa Minimum Wage Act, Iowa Non-English Speaking Employees Act, Iowa Child Labor Act, Iowa Labor Commissioner's Right to Inspect Premises, Iowa Compensation Insurance Act, Iowa Employment Security Act, Iowa Competition Act, Iowa Income, Corporate and Sales Tax Code, a"willful"violation of the Iowa or Federal Occupational Safety and health Act, Iowa Employee Registration Requirements, Iowa Hazardous Chemical Risks Act, Iowa Wage Payment Collection Act, Federal Income and Corporate Tax Code, The National Insurance and Social Security Act, the Fair Labor Standards Act. Subcontractor will only utilize Subcontractor on-site employees that have completed the Occupational Safety and Health Act(OSHA) 10 hour Construction Industry Training Program. Subcontractor must properly license employees with the appropriate licensing authority. Subcontractor at all levels, that is even a subcontractor of a subcontractor, will only utilize workers on this Project that have unemployment and workers compensation coverage provided by the subcontractor by which the worker is employed. Subcontractor will make available to General Contractor or Owner such documentation that is necessary to satisfy Owner, in Owner's sole discretion, that subcontractor is in compliance with this provision. These bid requirements shall apply to all Subcontracts: Subcontractor is not required to use apprentices on the Project. If subcontractor chooses to employ apprentices on this Project, subcontractor must provide upon request, evidence that each of the apprentices on the Project is participating in and registered with a DOL-approved apprentice or training program or substantially equivalent apprenticeship or training program. Page 284 of 319 Contractor certifies that only the following subcontractors will be used on the project: FEDERAL ID#: SECTION & DESCRIPTION: IOWA CONTRACTOR REGISTRATION#: STREET ADDEESS: CITY, STATE, ZIP: OFFICE TELEPHONE: FAX NUMBER: EMAIL ADDRESS: OFFICE CONTRACT & NUMBER: FIELD CONTACT & NUMBER: FEDERAL ID#: SECTION & DESCRIPTION: IOWA CONTRACTOR REGISTRATION#: STREET ADDEESS: CITY, STATE, ZIP: OFFICE TELEPHONE: FAX NUMBER: EMAIL ADDRESS: OFFICE CONTRACT & NUMBER: FIELD CONTACT & NUMBER: FEDERAL ID#: SECTION & DESCRIPTION: IOWA CONTRACTOR REGISTRATION#: STREET ADDEESS: CITY, STATE, ZIP: OFFICE TELEPHONE: FAX NUMBER: EMAIL ADDRESS: Page 285 of 319 OFFICE CONTRACT & NUMBER: FIELD CONTACT & NUMBER: Add additional pages as needed PASSED AND APPROVED: Page 286 of 319 Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 287 of 319 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3,After Hours Business License, of Chapter 3,Amusements, Title 3, Business and License Regulations, and enacting in lieu thereof a new Section 3,After Hours Business License, of Chapter 3,Amusements, Title 3, Business and License Regulations. City Council Meeting: 7/6/2021 Prepared: 6/16/2021 ATTACHMENTS: Description Type ❑ After Hours Ordinance Backup Material Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, After Hours Business License. of Chapter 3,Amusements, Title 3, Business and License Regulations, and enacting in lieu thereof a new Section 3,After SUBJECT: Hours Business License, of Chapter 3,Amusements, Title 3, Business and License Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By: Martin Petersen, City Attorney Page 288 of 319 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 3 AFTER HOURS BUSINESS LICENSE, OF CHAPTER 3, AMUSEMENTS, TITLE 3, BUSINESS AND LICENSE REGULATIONS, AND ENACTING IN LIEU THEREOF SECTION 3, AFTER HOURS BUSINESS LICENSE,OF CHAPTER 3,AMUSEMENTS,TITLE 3,BUSINESS AND LICENSE REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 3, After Hours Business License, of Chapter 3, Amusements, Title 3, Business and License Regulations,is hereby repealed,and a new Section 3,After Hours Business License, of Chapter 3,Amusements,Title 3,Business and License Regulations is enacted in lieu thereof as follows: 3-3-3 AFTER HOURS BUSINESS LICENSE A-DEFINITIONS. The definitions and provisions contained in this section shall govern the construction,meaning, and application of the following words and phrases used in this chapter. 1. "After Hours Business" means any business, establishment, or place open to members of the General Public at any time between the hours of two o'clock A.M. and six o'clock A.M. which has for its primary purpose entertainment of any kind,social gathering,dancing,or playing games of skill or chance in any,form regardless of legality,or the playing of live or recorded music,and which holds no permit or license to sell or dispense Alcoholic Beverages. 2. "After Hours Business License"means the privilege granted by the City to operate an After Hours Business. 3. "Alcoholic Beverage" means any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor,wine,and beer. 4. "Applicant" means a Person or business entity engaged in the process of applying for an After Hours Business License. 5. "Business Premises or Licensed Premises" means all buildings, structures, lots, and properties owned, leased, or utilized for the benefit of the operation of the After Hours Business. 6. "Business Records"means all financial accounting records of the After Hours Business. 7. "City Clerk" means the City Clerk of Waterloo, Iowa, or her designee, to include the Waterloo Police Department. 8. "Educational Institution" means any preschool, elementary, secondary, or merged area school, area education agency, community college, or post-secondary college or university and their governing boards. Page 289 of 319 9. "General Public"means ordinary people in society,and also includes,but is not limited to,people who pay a fee or charge to enter the premises, or people who are required to obtain membership or other designation or preferred status in or from the establishment to obtain entry. 10. "Hotel or Motel" means premises licensed by the State Department of Inspections and Appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with 20 or more sleeping rooms. 11. "Licensee" means a Person to whom the City has granted an After Hours Business License. 12. "Person" means any natural individual, firm, partnership, trust, company, club,joint venture, estate,association,or corporation or any group or combination acting as a unit and the individuals constituting such group or unit. As applied to partnerships or associations the word includes the partners or members thereof; and as applied to corporations it includes the officers, agents or employees thereof who are responsible for the act.The singular includes the plural.The masculine gender includes the feminine and neutral genders and vice versa. 13. "Placard" means a poster or sign for public display affixed to a structure stating the occupation or use of the particular business or structure is illegal to be used as an After Hours Business. 14. "Registered Manager" is an individual who resides in Iowa and who is designated by the Applicant to be responsible for the conduct and operations of an After Hours Business. The Registered Manager serves as an agent for the After Hours Business,and shall be the recipient of any official notices or processes from the City related to this chapter. B -LICENSE REQUIRED. 1. No Person shall operate an After Hours Business, either exclusively or in connection with another business,without being licensed by the City as provided in this chapter. 2. The After Hours Business License shall be conspicuously displayed on the Business Premises in a public area at all times. C -LICENSE FEES AND TERM. 1. The fees for an After Hours Business License in the City of Waterloo will be set by City Council resolution. The fees shall be paid when an application for a License is filed. 2. Licenses will be issued for a fixed term and shall not exceed one year. The term of the License shall not exceed the length of the Applicant's property interest in the intended After Hours Business location, as shown by the information submitted by the applicant, and shall not exceed the length of the Applicant's required insurance policy for the same. 3. Ten days prior to the expiration of a License that has not been issued for a full year,an Applicant may request an extension of the License period.The Applicant must provide an updated lease,deed or other property interest document and valid insurance for the requested License extension period. License extensions shall not extend beyond one year from the original License issuance date related to the extension request. No License extensions shall be granted if the Applicant is requesting to, or has, modified the After Hours Business name, address,or interior plans and specifications. 4. The Licensee may apply to renew the License by the submission of an application for renewal in the same manner as required for original issuance, accompanied by the payment of the License fee as set by City Council resolution.Applications for renewal shall be available from the City Clerk. Page 290 of 319 D -APPLICATION. Application for an After Hours Business shall be made on forms provided by the City Clerk's Office. The application shall include: 1. The intended business name, the address of the property to be used as an After Hours Business, and documentation establishing the Applicant's property interest and control of the premises on which the business will be located,which shall be in the form of a lease,deed,or other document that establishes the Applicant's interest. 2. Name and owner(s) of any other businesses located on the same parcel of land as the intended After Hours Business. 3. At the time of application, the Applicant shall provide the following most current and updated information as requested below in a list format to be maintained at all times concerning the Applicant, owner,manager, and Registered Manager of the After Hours Business: a. Name and address for each individual; b. License number of a valid and current government issued photo ID for each individual; c. Up to date contact information including phone numbers and electronic mail addresses for each individual; d. Dates and locations of other related businesses any individual listed above owns or operates, or has owned or operated; 4. A statement as to whether the Applicant, owner,manager, or Registered Manager has ever had a similar license denied, revoked or suspended in any city, county, or any state and the reason or the denial,revocation or suspension. 5. Interior plans and specifications for the interior premises to be Licensed. 6. Written consent of the Registered Manager to serve as an agent for services of notices and other processes related to the After Hours Business. The Registered Manager shall remain responsible for the conduct of the After Hours Business until another Person has been designated in writing by the Applicant or Licensee. 7. Consent to use the information on the application to conduct a background check on the Applicant, owner,manager, and Registered Manager. 8. Each After Hours Business shall provide proof of general liability insurance, including personal and advertising injury in the amount of$1M and a general aggregate of products and completed operations aggregate of$2M.A certificate of insurance shall be delivered to the City Clerk prior to the issuance of an After Hours Business License. Such insurance shall be maintained during the term of the license. 9. In the event an Applicant or Licensee intends to operate an After Hours Business in multiple physical locations, a separate application is required for each individual location. E -GRANTING OR DENIAL OF LICENSE. 1. After Hours Business License applications shall be reviewed by the City Clerk who, after considering all of the information provided in and with the Application shall either grant or deny the License. Page 291 of 319 2. If the City Clerk finds that the Applicant for an After Hours Business License has fully complied with all requirements of this chapter and with all other applicable ordinances and codes,the City Clerk shall issue an After Hours Business License. 3. Whenever any application for an After Hours Business License shall have been denied by the City Clerk the Applicant will be notified by mail and no new application covering the same Applicant or any principal,member, partner, or shareholder of the same or similar Applicant, if not an individual, shall be filed with the Clerk until one year has elapsed from the date of filing the previous application. F-CONDITIONS GOVERNING ISSUANCE. 1. Licenses shall only be issued to Applicants who have provided all the information requested in the application,have paid the License fee,have met the requirements of this chapter,and do not meet any grounds for denial of applications under Section M of this chapter. 2. If information changes on the application during the licensing period, the Applicant must contact the City of Waterloo to update the information within 10 calendar days. The Applicant or Licensee shall promptly notify the City in writing of any change with regard to, but not limited to, the following: ownership, business location, business name, interior plans and specifications, insurance status, or Registered Manager designation and provide all relevant application information pertaining to the above. G- SCOPE OF LICENSE. 1. An After Hours Business License shall be a personal privilege and may be suspended or revoked as provided for herein. It is not property, nor is it subject to attachment and execution, nor alienable or assignable and it shall immediately cease upon the death of the Licensee if an individual Person, termination of the Licensed business entity, or terminate immediately if the Licensed business entity or Licensed building, lot, or property is sold or transferred. 2. Every License shall be issued in the name of the Applicant and no Person holding a License shall allow any Person not included on the Application to use the License. 3. No After Hours Business License shall be sold or transferred. An After Hours Business License is automatically terminated at the sale, transfer, or other change in property interest of the Licensed business entity, building, lot, or property. The purchaser of any After Hours Business shall make Application for and obtain a new License before operating any After Hours Business. H-LOCATION RESTRICTIONS. 1. No After Hours Business shall provide outdoor entertainment. 2. No After Hours Business shall be permitted in a residential zone district as defined by the Waterloo Municipal Code. 3. All licensed premises shall comply with zoning ordinance of the Waterloo Municipal Code. I-EXEMPTIONS. Page 292 of 319 The following Persons shall not be required to obtain an After Hours Business License for the City: 1. Hotels or Motels licensed by the State of Iowa. 2. Persons holding private gatherings in private residences. 3. Persons holding school events sanctioned by an Educational Institution. J-EXAMINATION OF PREMISES. 1. As part of the application process for an After Hours Business License, Applicants must submit the proposed After Hours Business location and premises to inspection by the City's Building Inspections Department and Fire Department. Failure to submit to the required inspections or failure to meet City code standards during the inspections shall result in Denial of the License, per section M of this chapter. 2. An After Hours Business may be re-inspected to ensure compliance with this chapter if one (1) or more of the following occurs: a. Credible information is received indicating that the After Hours Business is operating in violation of the provisions of this code or any state law; b. A City Official,Police Officer,Fire Code Official,or any other Government Official witnesses a possible violation of the standards or provisions of this code,or any state or federal laws,and the City determines there is probable cause to enter the premises; c. The City must determine whether the After Hours Business is acting in compliance with a notice or an order issued by a city official; d. A public health, safety or welfare emergency is observed or is reasonably believed to exist. K-PERSONS UNDER AGE 18 NOT ALLOWED ON LICENSED PREMISES. No Person holding an After Hours Business License,nor his or her agents or employees shall allow a Person under eighteen(18)years of age to enter or remain on the Licensed Premises from 12:00 a.m. through 6:00 a.m. on all days when the Licensed Premises is open for business. L-VIOLATION BY APPLICANT, OWNER,MANAGER, EMPLOYEE OR REGISTERED MANAGER. All managers, owners,Registered Managers,Licensee,and employees of any After Hours Business shall be subject to and bound by this chapter and state law and shall be liable for the same penalties and to the same extent as his or her employer or principal for any violation of this chapter or state law.Any violation of this chapter or state law by any clerk, agent,or employee of a Licensee shall be deemed the act of the Licensee and shall subject the Licensee to potential civil penalty, criminal action, or license suspension or revocation. M-ADVERSE ACTION; GROUNDS FOR DENIAL AND REVOCATION OR SUSPENSION. It shall be grounds for denial of the application or revocation or suspension of the License if.- Page f:Page 293 of 319 1. The Applicant, owner, manager, or Registered Manager fails to provide and maintain proof of insurance or proof of valid property interest in the property being used for an After Hours Business. 2. The Applicant,owner,manager,employee or Registered Manager has been charged or convicted of disorderly conduct in violation of either State or City law. 3. The Applicant,owner,manager,employee or Registered Manager has been charged or convicted of Human Trafficking in violation of Iowa Code Section 710. 4. The Applicant, owner, manager, employee or Registered Manager knowingly permits any gambling on the premises in violation of Iowa Code Section 725. 5. The Applicant, owner, manager, employee or Registered Manager keeps or allows to be kept gambling devices of any kind on the Licensed Premises contrary to state law. 6. The Applicant, owner, manager, employee or Registered Manager knowingly permits loud or raucous noise or behavior in violation of the Municipal Code. 7. The Applicant,owner,manager,employee or Registered Manager knowingly permits or engages in the use or sale of illegal drugs in violation of Iowa Code Section 124. 8. The Applicant,Licensee, employee,or Registered Manager knowingly permits or engages in the sale of Alcoholic Beverages. 9. The Applicant, Licensee, employee, or Registered Manager knowingly permits or engages in a sex crime defined by Iowa Chapter 709, Prostitution as defined by Iowa Code Chapter 725 or Iowa Code Chapter 627, or is a registered sex offender under Iowa Code. 10. The Applicant, Licensee, employee, or Registered Manager knowingly permits or engages in any criminal activity on the premises covered by the License. 11. The Applicant,owner,manager,employee or Registered Manager knowingly permits or engages in the Manufacture or Delivery of a Controlled Substance as defined by Iowa Code Chapter 124; 12. The Applicant,owner,manager,employee or Registered Manager has been charged or convicted of illegal control or possession of any narcotic drugs or controlled substance on a Licensed Premises. 13. The Applicant,owner,manager, employee or Registered Manager has had a license suspended, denied,or revoked by another municipality or by the City of Waterloo within the past two years. 14. The Applicant, owner, manager, employee or Registered Manager has engaged in actions in violation of state laws or municipal ordinances that may adversely affect public health or safety. 15. The Application contains false information, intentionally fails to disclose required information, or was fraudulently or deceptively prepared or submitted by the Applicant or another individual. 16. The Applicant, owner, manager, employee or Registered Manager has any unpaid fees or bills owed to the City of Waterloo. 19. The Applicant, owner, manager, employee or Registered Manager has violated, or is currently in violation of provisions of this chapter. 20. The Applicant,owner,manager,employee or Registered Manager knowingly permits violations of sections of the Municipal Code to occur at a Licensed Premises. 21. The property to be utilized for the After Hours Business does not meet occupancy requirements of the Municipal Code upon inspection by the City's Building Inspections Department. Page 294 of 319 22. The property to be utilized for the After Hours Business does not meet Fire Code requirements of the Municipal Code upon inspection by the City's Fire Department. 23. The property to be utilized for the After Hours Business does not meet life safety requirements of the Municipal Code upon inspection by the City's Building Inspections Department. The Applicant does not submit to the required inspections by the City's Building Inspections Department or Fire Department. N-NOTICE OF DENIAL, REVOCATION, SUSPENSION, OR CORRECTIVE ACTION. 1. Upon a determination by the City Clerk that a Licensee has failed to comply with the requirements of this chapter, the City shall issue a Notice of Violation to the Licensee. Service shall be provided in accordance with section S of this chapter. 2. Upon receipt of the Notice of Violation,the Licensee shall immediately cease or remedy all violations of this chapter.If the violation cannot be remedied immediately,the Licensee may submit a corrective action plan to the City Clerk within 10 days of receiving the Notice of Violation. The Licensee's corrective action plan shall specify the specific actions the Licensee will implement to ensure the violations in question do not continue.This will include a timeline for the corrective actions to become effective. 3. If the Licensee submits a corrective action plan, the Licensee or their Registered Manager will meet with the City Clerk within seven business days to review the facts of the case and the corrective action contemplated by the plan.After the meeting and a review of the Licensee's corrective action plan,the City Clerk shall approve or deny the contents of the plan. 4. The submission of the corrective action plan may be considered by the City Clerk as cause to delay corrective action taken by the City pursuant to section P of this chapter. 5. If the Licensee fails to take immediate corrective action, fails to submit a corrective action plan, fails to submit a corrective action plan that is approved by the City Clerk, or fails to meet the deadlines or requirements imposed by an approved corrective action plan,the City Clerk may take corrective action against the Licensee,After Hours Business,or the premises used by the same pursuant to section P of this chapter. O -NOTICE OF VIOLATION; CONTENTS. The Notice of Violation required by this chapter shall contain: 1. The name and location of the business in question. 2. The name of the Licensee, and Registered Manager. 3. A description of what constitutes a violation of this chapter. 4. A statement that the Licensee shall cure any violation of this chapter or submit a corrective action plan to the City Clerk within 10 days of receiving the Notice of Violation, or the business may face License suspension,License revocation,and the City may placard the After Hours Business's premises related to the violations until the Licensee and After Hours Business is in full compliance with this chapter. Page 295 of 319 P-CORRECTIVE ACTION BY THE CITY. 1. If a Licensee,who has been served with a Notice of Violation, fails to comply with the requirements of the Notice of Violation,the City may take corrective action. Such corrective action may include the suspension or revocation of the Licensee's After Hours Business License or the placing of a placard on each entrance to the property and ensuring the property is secure from access. This provision shall not be construed to impose any duty upon the City to take such corrective action. 2. If the City placards the property, the Licensee shall be responsible for all of the costs incurred by the City in taking such action. 3. If the City placards the property, it shall be illegal for any Person to remove or alter the placard,or to access or operate out of the property without written permission of the City Clerk.The City Clerk may, for good cause, grant access to the placarded property to specific individuals for specific times and purposes. 4. If the City suspends or revokes the After Hours Business License, it shall be illegal for any person to hold open the After Hours business for continued business until the License has been reinstated or a new License obtained. 5. If the City has reason to believe an After Hours Business defined by this chapter is or imminently will be operating without a License, the City Clerk may placard the property immediately until a License is obtained. 6. An After Hours Business operating in violation of this chapter may be placarded immediately and their License may be revoked and no License shall be issued to the Applicant and business owner for one year. Q -REINSTATEMENT OF LICENSE,REMOVAL OF PLACARD. 1. If a License has been suspended and the City Clerk determines that the Licensee and After Hours Business has remedied all violations listed in the Notice of Violation, the City Clerk may order that the suspension be lifted. 2. If the City placards an After Hours Business and the City Clerk determines that the Licensee and After Hours Business has remedied all violations listed in the Notice of Violation,the City Clerk shall order the removal of placards from the premises. R-APPEAL OF ADMINISTRATIVE DECISIONS OR ACTIONS. 1. Any Person aggrieved by a decision or act of the City Clerk or City under this chapter, including,but not limited to, denial of a License, a Notice of Violation, or corrective action taken by the City, shall have the opportunity for hearing before a hearing officer appointed by the City. Any aggrieved party may appeal any such decision or act by submitting a written request for a hearing to the City Clerk. All such appeals must be hand delivered, electronically delivered,or posted by mail within 10 days of the decision or act of the City Clerk or City. When a timely appeal has been made, the hearing shall be held pursuant to this section; any request for hearing received shall not entitle the requesting party to a hearing. 2. Upon receipt of a timely request for hearing and the appointment of a hearing officer, the hearing officer shall set a hearing to be held within 10 days from said receipt and, further shall give no less Page 296 of 319 than seven days' notice to the requesting party of the time, date, and location of said hearing. The hearing may be reset by agreement of the parties, as confirmed in writing, but in no event shall the hearing be held any later than 30 days after the date of the action or decision being appealed. 3. The hearing shall be informal in nature, and the parties may be represented by counsel or appear on their own behalf. After reviewing the evidence presented, the hearing officer shall make a written ruling within five days of the hearing affirming or vacating the decision or act of the City Clerk or City under this chapter. S - SERVICE OF NOTICE. Except where expressly provided otherwise,notices required under this chapter shall be served by one or more of the following methods: 1. Mailing by both regular mail and certified mail, as defined in Iowa Code Section 618.15 (2021), to the last known address of the Licensee and/or Registered Manager. 2. Hand delivery and mailing by regular mail to the Licensee and Registered Manager. 3. Personal service on the Licensee and registered manager pursuant to Iowa Rule of Civil Procedure 1.305. 4. Any other method of providing notice that results in the notice actually being received by the Licensee and Registered Manager. 5. In the event the Licensee is a business entity, service shall be made upon the registered agent on file with the Iowa Secretary of State.If the Licensee is a business entity that has failed to register, or is not required to register as a registered agent with the Iowa Secretary of State, service upon the Registered Manager shall be deemed sufficient under this chapter. T-ALTERNATIVE MEANS OF ENFORCEMENT. Without negating,restricting, or otherwise limiting any conditions or sanctions imposed pursuant to this chapter,this chapter may also be enforced by any lawful means,including but not limited to the following: 1. Prosecution as a simple misdemeanor in accordance with Title 1 of the Waterloo Municipal Code and Chapter 364 of the Iowa Code. 2. The filing of a municipal infraction in accordance with Title 1 of the Waterloo Municipal Code and Chapter 364 of the Iowa Code. Page 297 of 319 U-ADMINISTRATIVE RULES. The City Clerk is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this chapter.A copy of said rules shall be on file at the Office of the City Clerk. Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: , 2021 PASSED 1st CONSIDERATION: , 2021 PASSED 2nd CONSIDERATION: ' 2021 PASSED 3rd CONSIDERATION: , 2021 PASSED AND ADOPTED this day of May, 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk •;3Q'(ERIo•. O �pWV.. Page 298 of 319 CITY OF WATERLOO Council Communication Amendments to the Automated Traffic Enforcement Ordinance City Council Meeting: 7/6/2021 Prepared: 6/22/2021 ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material ❑ Presentation Backup Material Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code of Ordinances by repealing Subsections E, F, and G of Section 4,Automated Traffic Enforcement, Chapter 1, Traffic Code, Title 6, Motor Vehicles and Traffic, and enacting in SUBJECT: lieu thereof new Subsections E, F, and G of Section 4,Automated Traffic Enforcement, Chapter 1, Traffic Code, Title 6, Motor Vehicles and Traffic. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Kelley Felchle, Cie Clerk Recommended Action: Approval. Page 299 of 319 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT: E. Contesting An Automated Traffic Citation: Within thirty(30) days from the date appearing at the top of a notice of automated traffic citation sent to the vehicle owner, the vehicle owner may either pay the fee associated with the citation or challenge the citation by submitting a written challenge to the citation or requesting that a municipal infraction be filed pursuant to Iowa Code Section 364.22. Any such written challengequest shall be on a form specified by and available from the city as indicated on the notice, and be sent to the city accordingto o the instructions on that form. Upon receipt of a written challenge, a Waterloo Police Officer shall determine whether the citation should be rescinded. Within thirty(30) days after the city receives such a challenge, the city shall notify the vehicle owner whether the challenge to the automated traffic citation is successful, in which case, the citation shall be rescinded. Otherwise, the citation shall stand. Thereafter, the city may seek voluntau payment and/or file the citation as a municipal infraction against the vehicle owner, as set forth in Subsection G. fe hearing,held at the Water-lee Poliee Department before an Administrative Appeals Bear-d (the "Beard") eonsisting of one or-more impartial faet finder-s. Sueh a r-equest must be filed within thifty(30) days ftem the date on whieh notiee of the violation is seiiA to the vehiele owner. After a amountthe Board may either-"hold or-dismiss the atitemated tr-affie eitation, and shall mail its w-fitten deeision within ten (10) days after-the hearing, to the address provided an the request for-hearing. if the eitation is upheld, then the Board shall inelude in its written deeision a date by W-hieh the fine must be paid, and on of before that date, the vehiele owner shall eithef pay the fine er- submit Dis4iet Gettt4 in Blaek Hawk County. Stieh a r-equest must be filed within thil4y(30) days ffom the date on whieh notiee of the violation is sent to the vehiele owner-. Sueh a request will result in a eettt4 order-r-e"kiag the vehiele ow-nef to file an answer-and appear-anee with the Clerk o CetH4, as well as setting the matter-for-trial before a Judge or-Magistfate. if the eotu4 finds the vehiele owner-guilty of the Mtmieipal infiaetion, mandated eetH4 eests will be added to the of the rine imposed by this seetion. F. -Exceptions To Owner Liability: There shall be no liability pursuant to this section if: 1. The operator of the vehicle in question was issued a Municipal infraction for the violation in question pursuant to section 6 1-1 1-3-2(B) of this chapter; or 2. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen,provided, however, the vehicle or its plates had not been recovered by the vehicle owner at the time of the alleged violation; or Page 300 of 319 3. The vehicle in question was an authorized emergency vehicle; or 4. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or 5. The officer inspecting the recorded image determines that the vehicle in question entered the intersection in order to yield the right-of-way to an emergency vehicle. G. Failure To Timely Pay Or Appeal: If the recipient of an automated traffic citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a Municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with section 1-3-2(B) of this chapter rather than subsection D of this section. If judgment is entered in favor of the City, if the ^ „,t finds the vehiele owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. The City may, subject t to applicable law, pursue enforcement of the judgment together with interest as permitted by law. Collection of that judgment may include referral to the State of Iowa Income Offset program administered by the Department of Administrative Services, State Accounting Enterprise. Notwithstanding the City's right to file a municipal infraction, the City may first seek voluntary payment of the fine by sending a written request for payment to the Vehicle Owner and/or referring the matter to a private service agent to conduct collection in accordance with all applicable law. (Ord. 5411, 8-7-2017) Page 301 of 319 Waterloo Police ATE Chanc,�e Proposal • WPD proposes to change all ATE administrative hearings to mail in only: — Mail in hearings are already an option under the current process: • GATSO has forms available for citizens to mail in. • These forms get uploaded to GATSO. • A WPD supervisor has the ability to review them within 30 days of the hearing date. • The rendered verdict is sent to the citizen . C I T Y O F W A T E R L O O Page 302 of 319 Waterloo Police ATE Chanc,�e Proposal • Pros : — Reduces risk of exposure to COVID 19 by limiting in- person contact, increasing safety for WPD staff & the public — Reduces time supervisors get pulled off the street as they can conduct mail in hearings from squad cars — Allows Supervisors more flexibility with hearing dates C I T Y O F W O O Page 303 of 319 Waterloo Police ATE Chanc,�e Proposal • Case Study: — The City of Cedar Rapids moved to mail in only hearings in 2019 with positive results — Does not violate a citizen's right to due process according to Behm V Cedar Rapids "The court rejected the claim, emphasizing that the ATE ordinance is not preempted by Iowa Code Section 364.22(4) and section 602.6101 because the ordinance simply provides plaintiffs with an additional forum to challenge the ATE citations" C I T Y O F W O O Page 304 of 319 Waterloo Police ATE Chanc,�e Proposal • Current Hearing Statistics : — In 2021 WPD offered a total of 273 hearing slots, but only 72 were utilized • 26% usage rate — Of the 72 used , only 41 were in person and not all requesters showed up. • 56% of used hearing slots were requested in person • 15% of the overall slots were requested in person C I T Y O F W O O Page 305 of 319 What is Income Offset? • Iowa Department of Administrative Services ( DAS ) recovers delinquent payments owed to state and local governments via tax refunds , casino winnings , etc. • Iowa Code 8A. 504 establishes authority O F W A T E R L O O Page 306 of 319 How Does it Work? • DAS charges a $7 . 00 administrative fee for each match . The fee may be passed along to the debtor. • DAS matches a debtor's social security number against Social Security number used by the state to issue payments. O F W A T E R L O O Page 307 of 319 How Does it Work? • File small claim action or issue a municipal infraction . • If judgment is granted in favor of the city, the individual has the option of paying the fine or establishing a payment plan . • If neither occur or payments fall behind , the city may seek to collect the debt via Income Offset. O F W .a T E R L O O Page 308 of 319 Implementation • Process currently utilized by Cedar Rapids and Muscatine . • We propose utilizing Income Offset to collect delinquent ATE and Chronic Nuisance Vehicle tickets . • City Clerk's Office staff will administer Income Offset. ,NAT E R L O O Page 309 of 319 CITY OF WATERLOO Council Communication Community Development Board meeting minutes of May 2021. City Council Meeting: 7/6/2021 Prepared: 6/16/2021 ATTACHMENTS: Description Type ❑ May 2021 Board Minutes Backup Material SUBJECT: Community Development Board meeting minutes of May 2021. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 310 of 319 Community Development Meeting Minutes May 18, 2021 L Call to order John Chiles called to order the regular meeting of the Community Development Board via zoom at 4:00 p.m. on Tuesday, May 18, 2021. Chiles asked for an approval of the agenda for May 18, 2021. It was moved by Hansen and seconded by Leistikow 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; Matt Chesmore, Senior Rehabilitation Specialist; Mindy Smith, Intake Specialist; Noel Anderson, CPD Director I1I. Approval of minutes from last meeting John Chiles asked for a motion to adjourn. It was moved by Weekley and seconded by Hansen to adjourn. Motion carried. IV. Old Business: a) Staff Updates and Lead Grants: Several families have been approved for the lead grant and at this time we are on schedule to meet benchmarks. Familiar routines have been challenged and staff is working towards the new normal in working with contractors. HUD has been in contact with the office and staff may reach out for technical assistance to put a neutral eye on the program and give us feedback. b) COVID-19 Funding: No changes since last month's report. Staff is still in the process of getting contracts organized and signed for the State COVD- 19 funding and COVD-19 third round funding. Page 311 of 319 V. New Business: a) Endorse Contracts April 2021: John Chiles asked for a motion to approve the contracts. Hansen made a motion to approve contracts for April 2021 and the motion was seconded by Leistikow. Motion carried. b) Neighborhood Services: Felicia Smith-Nalls provided Neighborhood Services reports for April and May. Those reports touched on the Waterloo Neighborhood Coalition Meeting and Changing the Narrative 2021. c) Submission of Older Adult Home Modification Grant Application: Community Development submitted the application for the Older Adult Home Modification Grant in the amount of$677, 241 for 80 units and administrative/staff on May 18, 2021. Community Development is partnering with VGM and Northeast Iowa Area Agency on Aging on this grant. Staff will find out in July whether City of Waterloo has been awarded the grant. d) Review Emergency Roof Repair Policy and Cap: Thirteen roof repairs have been awarded to two contractors. We anticipate finishing the roofs in 30-45 days. The homeowners expressed their gratitude for the roof repairs. e) Subordination-1912 Lorraine Avenue: Staff was presented information for 1912 Lorraine Street about a possible subordination for this address. The office policy for subordinations states that only one subordination is allowed; this is the second subordination for this address. Board approved the second subordination because the new refinance is for a better rate and is now a 15-year mortgage instead of the 30-year mortgage. John Chiles asked for a motion to approve the subordination. Leistikow made a motion to approve and Hansen seconded that. Motion passed. VI. Discussion Items: a) Waterloo Housing Trust Fund: Community Development was awarded $28,267.00 for the 2021/2022 year. Contracts have been signed and sent back to INRCOG. VIII.Adjournment Meeting Adjourned. John Chiles asked for a motion to adjourn. It was moved by Weekley and seconded by Hansen to adjourn. Motion carried. Minutes submitted by: Cody Leistikow Minutes approved by: Board Page 312 of 319 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Matthew D. Andersen, 10 Year Fire Engineer, effective June 4, 2021 with recommendation of approval of payout of$10,081.44 for unused benefits. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Fire Rescue Department on the notice of SUBJECT: the conclusion of employment for Matthew D. Andersen, 10 Year Fire Engineer, effective June 4, 2021 with recommendation of approval of payout of$10.081.44 for unused benefits. Submitted by: Submitted By: Page 313 of 319 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Joseph Junk, 10 Year Engineer, effective June 14, 2021 with recommendation of approval of payout of $4,656.19 for unused benefits. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Fire Rescue Department on the notice of SUBJECT: the conclusion of employment for Joseph Junk, 10 Year Engineer, effective June 14, 2021 with recommendation of approval of payout of$4,656.19 for unused benefits. Submitted by: Submitted By: Page 314 of 319 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Works - Sanitation Department on the notice of the conclusion of employment for Jay Jordan, Solid Waste Technician, effective June 11, 2021 with recommendation of approval of payout of$7,266.62 for unused benefits. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Public Works - Sanitation Department on SUBJECT: the notice of the conclusion of employment for Jay Jordan, Solid Waste Technician, effective June 11, 2021 with recommendation of approval of payout of 57,266.62 for unused benefits. Submitted by: Submitted By: Page 315 of 319 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Library Department on the notice of the conclusion of employment for Nicholas Rossman, Director, effective June 11, 2021 with recommendation of approval of payout of $12,966.04 for unused benefits. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Public Library Department on the notice SUBJECT: of the conclusion of employment for Nicholas Rossman, Director, effective June 11. 2021 with recommendation of approval of payout of$12.966.04 for unused benefits. Submitted by: Submitted By: Page 316 of 319 CITY OF WATERLOO Council Communication Certified List for the position of Natural Resources Technician for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on June 18, 2021. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type Certified List for the position of Natural Resources Technician for the City SUBJECT: of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on June 18, 2021. Submitted by: Submitted By: Page 317 of 319 CITY OF WATERLOO Council Communication Certified List for the position of Golf Course Maintenance II for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on June 18, 2021. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type Certified List for the position of Golf Course Maintenance II for the C4 of SUBJECT: Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on June 18, 2021. Submitted by: Submitted By: Page 318 of 319 CITY OF WATERLOO Council Communication Certified List for the position of Associate Engineer for the City of Waterloo, Iowa Engineering Department Department, as certified by the Civil Service Commission on June 18, 2021. City Council Meeting: 7/6/2021 Prepared: ATTACHMENTS: Description Type Certified List for the position of Associate Engineer for the City of SUBJECT: Waterloo, Iowa Engineering Department Department, as certified by the Civil Service Commission on June 18, 2021. Submitted by: Submitted By: Page 319 of 319